Crime and Courts Bill (HL Bill 70)

(2) The Secretary of State must lay a copy of the annual report before
Parliament.

(3) The Scottish Ministers must lay a copy of the annual report before the
Scottish Parliament.

(4) 5The Department of Justice in Northern Ireland must lay a copy of the annual
report 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.

Section 4

10SCHEDULE 3 Relationships between NCA and other agencies

Part 1 Co-operation

Duty to co-operate

1 (1) 15It is the duty of NCA officers to co-operate with the persons listed in sub-
paragraph (3) for the purpose of assisting those persons in their activities to
combat crime.

(2) It is the duty of—

(a) the persons listed in sub-paragraph (3),

(b) 20members of Her Majesty’s armed forces, and

(c) members of Her Majesty’s coastguard,

to co-operate with NCA officers for the purpose of assisting NCA officers in
the discharge of any NCA function.

(3) The persons mentioned in sub-paragraphs (1) and (2)(a) are—

(a) 25constables in UK police forces;

(b) officers of Revenue and Customs;

(c) immigration officers;

(d) designated customs officials (within the meaning of Part 1 of the
Borders, Citizenship and Immigration Act 2009);

(e) 30members of the Serious Fraud Office;

(f) any other persons operating in England, Scotland, Northern Ireland
or Wales charged with the duty of investigating organised crime or
serious crime.

Co-operation arrangements

2 35For the purposes of the discharge of any function of the NCA, the NCA may
enter into arrangements for co-operating with other persons (in the United
Kingdom or elsewhere).

Part 2 Exchange of information

Duty to keep NCA informed & disclose information: police forces

3 (1) The chief officers of each UK police force must keep the Director General
5informed of any information held by that police force which appears to the
chief officer to be relevant to the exercise by the NCA of—

(a) the crime-reduction function,

(b) the criminal intelligence function, or

(c) functions conferred by the Proceeds of Crime Act 2002.

(2) 10Where the chief officer of such a police force informs the Director General of
such information, the chief officer must disclose to the NCA any of that
information which the Director General requests the chief officer to disclose.

(3) This paragraph does not require the chief officer of a police force to keep the
Director General informed of information which appears to the chief officer
15to be information obtained (whether directly or indirectly) from the NCA.

Duty to keep police forces informed

4 (1) The Director General must keep the chief officers of each UK police force
informed of any information obtained by the NCA in the exercise of any
NCA function which appears to the Director General to be relevant to the
20exercise by that chief officer or any other member of that police force of any
functions.

(2) This paragraph does not require the Director General to keep the chief
officer of a police force informed of information which appears to the
Director General to be information obtained (whether directly or indirectly)
25from that chief officer or any other member of that police force.

Duty to keep NCA informed: government bodies

5 (1) Each specified body must keep the Director General informed of any
information held by that body which—

(a) is held in connection with the exercise of a relevant function of that
30body, and

(b) appears to that body to be relevant to the exercise by the NCA of—

(i) the crime-reduction function,

(ii) the criminal intelligence function, or

(iii) functions conferred by the Proceeds of Crime Act 2002.

(2) 35Where a specified body informs the Director General of such information,
that body must disclose to the NCA any of that information which the
Director General requests that body to disclose.

(3) This paragraph does not require a specified body to keep the Director
General informed of information which appears to that body to be
40information obtained (whether directly or indirectly) from the NCA.

(4) This paragraph does not require the Director of the Serious Fraud Office to
keep the Director General informed of, or to disclose to the NCA, any
information obtained under section 2(2) or (3) of the Criminal Justice Act

1987 (information which the Director of the SFO may require a person to
produce etc).

Duty to keep government bodies informed

6 (1) The Director General must keep each specified body informed of any
5information obtained by the NCA in the exercise of any NCA function which
appears to the Director General to be relevant to the exercise by that
specified body of any relevant function for the purposes of carrying out
activities to combat crime.

(2) This paragraph does not require the Director General to keep a specified
10body informed of information which appears to the Director General to be
information obtained (whether directly or indirectly) from that body.

Meaning of “specified body” & “relevant function”

7 In paragraphs 5 and 6—

(a) “specified body” means a body specified in the first column of this
15table;

(b) “relevant function”, in relation to such a body, means a function that
falls within the functions specified in relation to that body in the
second column of this table.

25Part 3 Assistance within the UK

Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of Man

8 (1) The Director General may provide assistance to—

(a) a UK police force, or

(b) 30an Island police force;

if the chief officer of the police force requests assistance to be provided.

(2) The Director General may provide assistance to—

(a) a UK law enforcement agency, or

(b) an Island law enforcement agency,

35if the agency requests assistance to be provided.

(3) A request may be made under this paragraph only if the chief officer, or
agency, considers that the police force, or agency, has a special need for the
Director General to provide assistance.

(4) A request under this paragraph must—

(a) state the special need for assistance, and

(b) specify the assistance that is wanted.

(5) If a request is made under this paragraph, the Director General may provide
such assistance as the Director General considers appropriate in all the
5circumstances.

Voluntary assistance to NCA: the UK

9 (1) The chief officer of a UK police force may provide assistance to the NCA if
the Director General requests assistance to be provided.

(2) A UK law enforcement agency may provide assistance to the NCA if the
10Director General requests assistance to be provided.

(3) A request may be made under this paragraph only if the Director General
considers that the NCA has a special need for the chief officer, or agency, to
provide assistance.

(4) A request under this paragraph must—

(a) 15state the special need for assistance, and

(b) specify the assistance that is wanted.

(5) If a request is made under this paragraph, a chief officer, or law enforcement
agency, may provide such assistance as the chief officer, or agency,
considers appropriate in all the circumstances.

20Directed assistance by NCA: England and Wales police etc

10 (1) The Secretary of State may direct the Director General to provide specified
assistance to—

(a) an England and Wales police force,

(b) a special police force,

(c) 25the Commissioners for Her Majesty’s Revenue and Customs;

(d) the Director of the Serious Fraud Office;

(e) the Director of Border Revenue;

(f) any other person operating—

(i) in England, or

(ii) 30in England and in Scotland, Northern Ireland or Wales (or
two or more of those parts of the United Kingdom),

charged with the duty of investigating or prosecuting offences (apart
from a UK police force).

(2) A direction may be given under this paragraph only if it appears to the
35Secretary of State that it is appropriate for the police force or other persons
or person to receive directed assistance from the Director General.

Directed assistance to NCA: England and Wales police etc

11 (1) The Director General may direct any of the following to provide specified
assistance to the NCA—

(a) 40the chief officer of an England and Wales police force;

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

(c) the Commissioners for Her Majesty’s Revenue and Customs;

(d) the Director of the Serious Fraud Office;

(e) the Director of Border Revenue.

(2) A direction may be given under this paragraph only if—

(a) it appears to the Director General that it is appropriate for the NCA
5to receive directed assistance from the chief officer of the police force
or from the other persons or person; and

(b) the appropriate consent is given to the direction.

(3) For that purpose “appropriate consent” means—

(a) the consent of the Secretary of State (in the case of a direction to the
10chief officer of an England and Wales police force or a direction to the
Chief Constable of the British Transport Police);

(b) the consent of the Secretary of State and the consent of the Treasury
(in the case of a direction to the Commissioners or the Director of
Border Revenue);

(c) 15the consent of the Secretary of State and the consent of the Attorney
General (in the case of a direction to the Director of the Serious Fraud
Office).

Directed assistance by NCA: Scotland

12 (1) The Scottish Ministers may direct the Director General to provide specified
20assistance to the Police Service of Scotland.

(2) A direction may be given under this paragraph only if—

(a) it appears to the Scottish Ministers that it is appropriate for the Police
Service to receive directed assistance from the Director General; and

(b) the Secretary of State consents to the direction.

25Directed assistance to NCA: Scotland

13 The Scottish Ministers may direct the chief constable of the Police Service of
Scotland to provide specified assistance to the NCA if it appears to the
Scottish Ministers that it is appropriate for the NCA to receive directed
assistance from the chief constable.

30Directed assistance by NCA: Northern Ireland

14 (1) The Department of Justice in Northern Ireland may direct the Director
General to provide specified assistance to the Police Service of Northern
Ireland.

(2) A direction may be given under this paragraph only if—

(a) 35it appears to the Department of Justice that it is appropriate for the
Police Service to receive directed assistance from the Director
General; and

(b) the Secretary of State consents to the direction.

Directed assistance to NCA: Northern Ireland

15 (1) 40The Department of Justice in Northern Ireland may direct the Chief
Constable of the Police Service of Northern Ireland to provide specified
assistance to the NCA if it appears to the Department that it is appropriate
for the NCA to receive directed assistance from the Chief Constable.

(2) Before giving such a direction, the Department of Justice must consult—

(a) the Northern Ireland Policing Board, and

(b) any other persons the Department considers it appropriate to
consult.

5When is it appropriate for a person to receive directed assistance?

16 For the purposes of this Part of this Schedule, it is appropriate for a person
(“R”) to receive directed assistance from another person (“P”) if—

(a) R has a special need for assistance from P,

(b) it is expedient for P to provide the assistance, and

(c) 10satisfactory arrangements for P to provide assistance to R cannot be
made, or cannot be made in time, under paragraph 8 or 9.

Voluntary or directed assistance: particular assistance that may be provided

17 (1) A person may provide any of the following in response to a request for
assistance, and a direction may require the provision of any of the
15following—

(a) equipment;

(b) NCA officers (if assistance is to be provided by the Director General);

(c) constables (if assistance is to be provided by the chief officer of a
police force);

(d) 20members of staff of a UK law enforcement agency (if assistance is to
be provided by such an agency).

(2) That does not limit the kinds of assistance that may be provided or required.

(3) In this paragraph—

• “direction” means a direction under any provision of this Part of this
  25Schedule;

• “request for assistance” means such a request under any provision of
  this Part of this Schedule.

Voluntary or directed assistance: control of individuals provided for assistance

18 (1) An individual who is provided under this Part of this Schedule—

(a) 30to assist the NCA is, whilst so provided, under the direction and
control of the Director General;

(b) to assist a UK police force is, whilst so provided, under the direction
and control of the chief officer of the police force;

(c) to assist a UK law enforcement agency is, whilst so provided, under
35the direction and control of the agency.

(2) That rule applies despite anything contained in—

(a) any other enactment, or

(b) any agreement made under any other enactment.

(3) In this paragraph “individual” includes—

(a) 40an NCA officer;

(b) a constable;

(c) a member of the staff of a law enforcement agency.

Part 4 Use of police facilities etc by NCA

Voluntary arrangements: police forces outside London

19 (1) The Director General and a relevant body (or both those bodies) may make
5arrangements for the NCA to use facilities made available by the police force
maintained for a police area listed in Schedule 1 to the Police Act 1996 (police
areas in England and Wales outside London).

(2) In this paragraph “relevant body”, in relation to the police force maintained
for a police area, means—

(a) 10the police and crime commissioner for that police area, or

(b) the chief constable of that police force.

Voluntary arrangements: the metropolitan police force

20 (1) The Director General and a relevant metropolitan body (or both those
bodies) may make arrangements for the NCA to use facilities made available
15by the metropolitan police force.

(2) In this paragraph “relevant metropolitan body” means—

(a) the Mayor’s Office for Policing and Crime, or

(b) the Commissioner of Police of the Metropolis.

Voluntary arrangements: the City of London police force

21 20The Director General and the Common Council of the City of London (in its
capacity as police authority for the City of London police area) may make
arrangements for the NCA to use facilities made available by the City of
London police force.

Voluntary arrangements: immigration or customs facilities

22 (1) 25The Director General and the Secretary of State may make arrangements for
the NCA to use immigration facilities made available by the Secretary of
State.

(2) The Director General and a relevant person (or both those persons) may
make arrangements for the NCA to use customs premises made available by
30the relevant person (or both those persons).

(3) In this paragraph—

• “customs premises” means premises wholly or partly occupied by
  persons designated under section 3 (general customs officials) or
  section 11 (customs revenue officials) of the Borders, Citizenship and
  35Immigration Act  2009;

• “immigration facilities” means facilities provided in connection with
  the exercise of—

  (a)

  functions of the Secretary of State relating to immigration,
  asylum or nationality, or

  (b)

  40functions of an immigration officer;

• “relevant person” means—

  (a)

  the Secretary of State, or

  Crime and Courts BillPage 57

  (b)

  the Director of Border Revenue.

Directed arrangements: England and Wales police forces

23 (1) If it appears to the Secretary of State that—

(a) it is expedient for relevant parties to make arrangements under
5paragraph 19, 20 or 21, and

(b) satisfactory arrangements cannot be made, or cannot be made in
time, under that paragraph,

the Secretary of State may direct those relevant parties to make specified
arrangements under that paragraph.

(2) 10In this paragraph “relevant parties”, in relation to arrangements under
paragraph 19, 20 or 21, means—

(a) the Director General, and

(b) any other person or persons who may make arrangements under
that paragraph.

15Voluntary arrangements: Police Service of Northern Ireland

24 The Director General may make arrangements with the Northern Ireland
Policing Board for the NCA to use facilities made available by the Police
Service of Northern Ireland.

Directed arrangements: Police Service of Northern Ireland

25 20If it appears to the Department of Justice in Northern Ireland—

(a) that it is expedient for the Director General and the Northern Ireland
Policing Board to make arrangements under paragraph 24, and

(b) that satisfactory arrangements cannot be made, or cannot be made in
time, under paragraph 24,

25the Department of Justice may, with the consent of the Secretary of State,
direct the Director General and the Policing Board to make specified
arrangements under paragraph 24.

Arrangements: terms, variation and termination

26 (1) Facility-sharing arrangements must specify or describe the facilities which
30are to be made available for use by the NCA under the arrangements.

(2) Facility-sharing arrangements may be varied or terminated by the parties.

(3) But the arrangements may not be terminated without the consent of—

(a) the Secretary of State (if the arrangements have been made in
compliance with a direction by the Secretary of State), or

(b) 35the Department of Justice in Northern Ireland (if the arrangements
have been made in compliance with a direction by that Department).

(4) In this paragraph “facility-sharing arrangements” means arrangements
under any other provision of this Part of this Schedule.

Consultation before direction

27 40Before a person (“D”) gives a direction under this Part of this Schedule to
another person (“P”), D must—

(a) notify P of the proposal to give the direction, and

(b) consider any representations made by P.

Facilities

28 In this Part of this Schedule “facilities” means—

(a) 5premises,

(b) equipment, and

(c) other material, facilities and services.

Part 5 Payment for tasks, assistance or facilities

10Payments by Director General

29 (1) The Director General must pay the appropriate amount to the fundholding
body for a UK police force if—

(a) the chief officer of that police force performs a task—

(i) in response to a request under section 4, or

(ii) 15in accordance with a direction under that section;

(b) the chief officer of that police force provides the NCA with
assistance—

(i) in response to a request under Part 3 of this Schedule, or

(ii) in accordance with a direction under Part 3 of this Schedule;
20or

(c) facility-sharing arrangements are made under Part 4 of this Schedule
(whether voluntarily or in accordance with a direction) for the NCA
to use facilities made available by that police force.

(2) The Director General must pay the appropriate amount to a UK law
25enforcement agency if—

(a) that agency performs a task in response to a request under section 4;

(b) that agency provides the NCA with assistance—

(i) in response to a request under Part 3 of this Schedule, or

(ii) in accordance with a direction under Part 3 of this Schedule;
30or

(c) facility-sharing arrangements are made under Part 4 of this Schedule
(whether voluntarily or in accordance with a direction) for the NCA
to use facilities made available by that agency.

Payments by police

30 35The fundholding body for a UK police force must pay the appropriate
amount to the Director General if—

(a) the Director General performs a task in response to a request by the
chief officer of that police force under section 4; or

(b) the Director General provides that police force with assistance—

(i) 40in response to a request under Part 3 of this Schedule, or

(ii) in accordance with a direction under Part 3 of this Schedule.

Payments by law enforcement agencies

31 A UK law enforcement agency must pay the appropriate amount to the
Director General if—

(a) the Director General performs a task in response to a request by that
5agency under section 4; or

(b) the Director General provides that agency with assistance—

(i) in response to a request under Part 3 of this Schedule, or

(ii) in accordance with a direction under Part 3 of this Schedule.

The “appropriate amount”

32 (1) 10In any provision of this Part of this Schedule which requires one person (“R”)
to pay the appropriate amount to another person (“P”), “appropriate
amount” means—

(a) such amount as may be agreed between R and P, or

(b) in the absence of agreement, such amount as may be determined by
15the Secretary of State.

(2) The Secretary of State must consult the Scottish Ministers before
determining the appropriate amount if R or P is a Scottish body.

(3) The Secretary of State must consult the Department of Justice in Northern
Ireland before determining the appropriate amount if R or P is a Northern
20Ireland body.

(4) In this paragraph—

• “Northern Ireland body” means—

  (a)

  the Police Service of Northern Ireland,

  (b)

  a Northern Ireland department, and

  (c)

  25any other person operating in Northern Ireland, and not
  operating in any other part of the United Kingdom, charged
  with the duty of investigating or prosecuting offences;

• “Scottish body” means—

  (a)

  the Scottish Police Authority,

  (b)

  30the Scottish Administration, and

  (c)

  any other person operating in Scotland, and not operating in
  any other part of the United Kingdom, charged with the duty
  of investigating or prosecuting offences.

Part 6 35General

Directed tasking or assistance: power to amend those who may be directed

33 (1) The Secretary of State may, by order, amend section 4 or paragraph 11 of this
Schedule by making any of the following kinds of provision—

(a) provision adding a person or category of persons to the relevant list;

(b) 40provision imposing on the Director General a requirement to obtain
the consent of one or more persons before giving a direction to—

(i) a person added to the relevant list by virtue of sub-paragraph
(a), or