Legalize / United Kingdom / Public General Act

Crime and Courts Act 2013

Type Public General Act

Publication 2013-04-25

Last updated 2024-07-24

State In force

Department Statute Law Database

Source legislation.gov.uk

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Part 1 — The National Crime Agency

The NCA and its officers

The National Crime Agency

1

(1) A 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) the functions conferred by the Proceeds of Crime Act 2002; and

(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 is 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 (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) preventing 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) The 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) in 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 Scotland.

(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 that kind of crime),

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

Modification of NCA functions

2

(1) The Secretary of State may, by order, make—

(a) provision about NCA counter-terrorism functions (and, in particular, may make provision conferring, removing, or otherwise modifying such functions); and

(b) other provision which the Secretary of State considers necessary in consequence of provision made under paragraph (a) (and, in particular, may make provision about the functions of any person other than the NCA, including provision conferring or otherwise modifying, but not removing, such functions).

(2) If an order under this section confers an NCA counter-terrorism function, an NCA officer may only carry out activities in Northern Ireland for the purpose of the discharge of the function if the NCA officer does so with the agreement of the Chief Constable of the Police Service of Northern Ireland.

(3) That includes cases where an order under this section confers an NCA counter-terrorism function by the modification of a function.

(4) An order under this section may amend or otherwise modify this Act or any other enactment.

(5) An order under this section is subject to the super-affirmative procedure (see section 58 and Schedule 23).

(6) In this section “NCA counter-terrorism function” means an NCA function relating to terrorism (and for this purpose “terrorism” has the same meaning as in the Terrorism Act 2000 — see section 1 of that Act).

Strategic priorities

3

(1) The Secretary of the State must 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

Operations

4

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

(a) any strategic priorities for the NCA (see section 3);

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

(3) Before the beginning of each financial year, the Director General must issue a document (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) a 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 those 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) In preparing any annual plan, the Director General must consult—

(a) the strategic partners and the Northern Ireland Policing Board, 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) to 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 and the Northern Ireland Policing Board 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) the 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 and the Northern Ireland Policing Board 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.

Relationships between NCA and other agencies: tasking etc

5

(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) A 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) The 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) may 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 the 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) The 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

(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) The 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.

Duty to publish information

6

(1) The 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 in 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 4(2)(c) to have regard to that document does not apply in relation to such requirements).

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

Information gateways

7

(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 to the NCA—

(a) a person serving in the Security Service;

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

but this does not affect the disclosures which such a person may make to the NCA 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 with 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 Crime 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 of 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 (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 or 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) any 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;

“intelligence service disclosure arrangements” means—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,arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service, orarrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ.

Other functions etc

8

(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 welfare 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 country 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 made 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.

Director General: customs powers of Commissioners & operational powers

9

(1) The 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) the powers of an officer of Revenue and Customs;

(ba) the powers of a general customs official;

(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) Schedule 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 recommendations 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 paragraph 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 matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 applies (former Inland Revenue matters), orany tax or duty not mentioned in Schedule 1 to that Act (which lists such matters);

“operational power” means any of the following—a power or privilege of a constable;a power of an officer of Revenue and Customs; a power of a general customs official; a power of an immigration officer.

Operational powers of other NCA officers

10

(1) The 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;

(ba) the powers of a general customs official;

(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) is capable of effectively exercising those powers;

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

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

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

General

Inspections and complaints

11

(1) Her Majesty's Inspectors of Constabulary (“HMIC”) must carry out inspections 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.

(2A) The Secretary of State must consult the Department of Justice in Northern Ireland before requesting HMIC to carry out an inspection in respect of a particular matter which relates only to the exercise of NCA functions in Northern Ireland.

(2B) The Department of Justice may request that HMIC carry out an inspection in respect of a particular matter that relates only to the exercise of NCA functions in Northern Ireland, but only with the consent of the Secretary of State.

(3) Following 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) HMIC 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 reporting under this section as they apply to other such functions.

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

(26C) (1) The Secretary of State must make regulations conferring functions on the Independent Police Complaints Commission in relation to the exercise 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) make 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 investigate 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 1967. (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 NCA 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) by 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) provision 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) Except 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 to 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)—

(a) for “SOCA” (in the first place) substitute “ the National Crime Agency ”;

(b) for “SOCA and members of the staff of SOCA” substitute “ the National Crime Agency and National Crime Agency officers ”.

(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 National Crime Agency ”;

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

(d) omit subsection (7).

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

Information: restrictions on disclosure etc

12

(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 duty 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.

NCA officers with operational powers: labour relations

13

(1) A person must not induce the Director General or any NCA officer designated under section 10 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) A 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 apprehended 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 Secretary 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;

“relevant employment legislation” means—the Trade Union and Labour Relations (Consolidation) Act 1992;the Employment Rights Act 1996;the Trade Union and Labour Relations (Northern Ireland) Order 1995;the Employment Rights (Northern Ireland) Order 1996.

NCA officers with operational powers: pay and allowances

14

(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) the rates of pay and allowances to be applied to the Director General and to NCA officers designated under section 10; and

(b) other associated terms and conditions of employment as the Director General or as an NCA officer designated under section 10.

(2) Regulations under this section may—

(a) provide 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 regulations 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.

Abolition of SOCA and NPIA

15

(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.

Interpretation of Part 1

16

(1) In this Part—

“chief officer” means—the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);the Commissioner of Police of the Metropolis;the Commissioner of Police for the City of London;the chief constable of the Police Service of Scotland;the Chief Constable of the Police Service of Northern Ireland;the chief constable of the British Transport Police;the chief constable of the Civil Nuclear Constabulary;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 Agency;

“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—an Act of Parliament;an Act of the Scottish Parliament;Northern Ireland legislation;a Measure or Act of the National Assembly for Wales;an instrument made under any such Act, legislation or Measure;any other subordinate legislation (within the meaning of the Interpretation Act 1978);

“England and Wales police force” means—a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);the metropolitan police force;the City of London police force;

“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 duty 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—the States of Jersey Police Force;the salaried police force of the Island of Guernsey;the Isle of Man Constabulary;

“local policing body” means—a police and crime commissioner;the Mayor's Office for Policing and Crime;the Common Council of the City of London as police authority for the City of London police area;

“NCA” means the National Crime Agency;

“NCA functions” means—functions of the NCA,functions of the Director General, andfunctions of other NCA officers;

“NCA officers” means—the Director General,the other National Crime Agency officers appointed under paragraph 9 of Schedule 1,persons 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), andNCA specials;

“permitted purpose” means any of the following purposes—the prevention or detection of crime, whether in the United Kingdom or elsewhere;the investigation or prosecution of offences, whether in the United Kingdom or elsewhere;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;the exercise of any NCA functions (so far as not falling within any of paragraphs (a) to (c));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;compliance with an order of a court or tribunal (whether or not in the United Kingdom);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;the exercise of any function of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002;the exercise of any function of—the Director of Public Prosecutions,the Director of the Serious Fraud Office,the Director of Public Prosecutions for Northern Ireland, orthe Scottish Ministers,under, or in relation, to Part 5 or 8 of the Proceeds of Crime Act 2002;the exercise of any function of—an officer of Revenue and Customs,a general customs official,a customs revenue official,an immigration officer,an accredited financial investigator, ora constable,under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002;investigations or proceedings outside the United Kingdom which have led, or may lead, to the making of an external order (within the meaning of section 447 of the Proceeds of Crime Act 2002);the exercise of any function of any intelligence service (within the meaning of the Regulation of Investigatory Powers Act 2000);the exercise of any function under—Part 2 of the Football Spectators Act 1989, orsections 104 to 106 of the Policing and Crime Act 2009;the exercise of any function relating to public health;the exercise of any function of the Financial Services Authority; the exercise of any function of OFCOM (the Office of Communications) under the Online Safety Act 2023; the 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;

“policing body” means—a police and crime commissioner;the Mayor's Office for Policing and Crime;the Common Council of the City of London as police authority for the City of London police area;the Scottish Police Authority;the Northern Ireland Policing Board;the British Transport Police Authority;the Civil Nuclear Police Authority;the Secretary of State, in relation to the Ministry of Defence Police;

“special police force” means—the British Transport Police;the Civil Nuclear Constabulary;the Ministry of Defence Police;

“strategic partners” means—the Scottish Ministers;the Department of Justice in Northern Ireland;such persons as appear to the Secretary of State to represent the views of local policing bodies;such persons as appear to the Secretary of State to represent the views of the chief officers of England and Wales police forces;the chief constable of the Police Service of Scotland;the Chief Constable of the Police Service of Northern Ireland;the Commissioners for Her Majesty's Revenue and Customs;the Director of the Serious Fraud Office;

“UK law enforcement agency” means—the Commissioners for Her Majesty's Revenue and Customs;the Director of the Serious Fraud Office;the Director of Border Revenue;the Scottish Administration;a Northern Ireland department;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);

“UK police force” means—an England and Wales police force;the Police Service of Scotland;the Police Service of Northern Ireland;a special police force.

(2) In 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 reference 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 to 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)
annual plan	section 4(3)
annual report	Part 2 of Schedule 2
crime-reduction function	section 1(4)
criminal intelligence function	section 1(5)
customs matter	section 9(8)
framework document	Part 1 of Schedule 2
NCA special	paragraph 15 of Schedule 1
operational power	section 9(8)
strategic priorities	section 3

Part 2 — Courts and Justice

Administration of justice

Civil and family proceedings in England and Wales

17

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

(A1) (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) by 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—

(31A) (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) by 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 repealed, 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 family court) have effect.

18

(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” substitute—

“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 court, 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 substitute

means a judge of the court that granted the injunction, except that where— (a) 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) In 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 to 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) Nothing 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.

Varying designations of authorities responsible for remanded young persons

19

(1) Section 102 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (where child remanded to youth detention accommodation, court must designate local authority to look after child and meet costs) is amended as follows.

(2) In subsection (7)(a) (authority that already looks after child to be designated) after “being looked after by a local authority” insert “ otherwise than by virtue of section 104(1) ”.

(3) In subsection (7)(b) (in other cases, court must designate authority for area where child habitually resides or offence committed) for “, the local authority” substitute “ but subject to subsection (7B), a local authority ”.

(4) After subsection (7) insert—

(7A) In a case to which subsection (7)(b) applies, the court is to designate a local authority in whose area it appears to the court that the child habitually resides (a “home authority”) except where the court— (a) considers as respects the home authority, or each home authority, that it is inappropriate to designate that authority, or (b) is unable to identify any place in England and Wales where the child habitually resides. (7B) If in a case to which subsection (7)(b) applies— (a) the court is not required by subsection (7A) to designate a home authority, but (b) it appears to the court that the offence was not, or none of the offences was, committed in England and Wales, the court is to designate a local authority which it considers appropriate in the circumstances of the case.

(5) After subsection (7B) insert—

(7C) Where a child has been remanded to youth detention accommodation, the court— (a) which remanded the child, or (b) to which the child was remanded, may designate a local authority (“B”) as the designated authority for the child in substitution for the authority previously designated (whether that previous designation was made when the child was remanded or under this subsection). (7D) Where a child has at any one time been subject to two or more remands to youth detention accommodation, a court which has jurisdiction to make a replacement designation under subsection (7C) in connection with one or some of the remands also has jurisdiction to make such a replacement designation in connection with each of the other remands. (7E) Where a replacement designation is made under subsection (7C) after the end of the period of remand concerned, the substitution of B for the previously-designated authority has effect only for the purposes of regulations under section 103. (7F) Where a replacement designation is made under subsection (7C) during the period of remand concerned, the substitution of B for the previously-designated authority— (a) has effect, as respects the part of that period ending with the making of the replacement designation, only for the purposes of regulations under section 103, and (b) has effect, as respects the remainder of that period, for all of the purposes listed in subsection (6). (7G) A court may make a replacement designation under subsection (7C) only if it considers that, had everything it knows been known by the court which made the previous designation, that court would have designated B instead. (7H) Where a replacement designation is made under subsection (7C) in relation to a remand, the previously-designated authority is to be repaid any sums it paid in respect of the remand pursuant to regulations under section 103. (7J) A court which has jurisdiction to make a replacement direction under subsection (7C) may exercise that jurisdiction on an application by a local authority or of its own motion.

(6) A replacement designation under the new section 102(7C) may be made in respect of a remand ordered before this section comes into force, and the amendments made by this section have effect for the purpose of making a replacement designation in any such case; but, in such a case, the substitution of B for the previously-designated authority (and any entitlement to repayment under new section 102(7H)) does not have effect as respects any time before this section comes into force.

(7) Except as provided by subsection (6), the amendments made by this section have effect only in relation to remands ordered after this section comes into force.

Judicial appointments

20

Schedule 13 has effect. In that Schedule—

Part 1 provides for there to be no more than the equivalent of 12 full-time judges 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,

Part 4—makes provision about selection for certain judicial appointments, andprovides for the transfer, from the Lord Chancellor to the Lord Chief Justice or the Senior President of Tribunals, of functions in connection with selection for and appointment to judicial offices,

Part 5 amends the selection procedure for certain senior judicial appointments until Part 4 of the Schedule is in force,

Part 6 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 incapable of exercising the functions or one of those offices is vacant, and

Part 7 abolishes the office of assistant Recorder.

Deployment of the judiciary

21

(1) The Lord Chief Justice's deployment responsibility includes (so far as it would not 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 to 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 arrangements 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

an 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.

Transfer of immigration or nationality judicial review applications

22

(1) In 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),

(d) omit 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 met, 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 High Court to the Upper Tribunal)—

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

(b) omit subsection (2A),

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

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

Permission to appeal from Upper Tribunal to Court of Session

23

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

(6A) Rules 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) that there is some other compelling reason for the court to hear the appeal.

Appeals relating to regulation of the Bar

24

(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 Court 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,

(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;

and 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 section.

(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.

Enforcement by taking control of goods

25

(1) Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for taking control of goods) is amended as follows.

(2) In paragraph 17 (enforcement agent may use reasonable force to enter etc where paragraph 18 or 19 applies) for “or 19” substitute “ , 18A, 19 or 19A ”.

(3) After paragraph 18 insert—

(18A) (1) This paragraph applies if these conditions are met— (a) the enforcement agent has power to enter the premises under paragraph 14; (b) the enforcement agent reasonably believes that the debtor carries on a trade or business on the premises; (c) the enforcement agent is acting under a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment; (d) the sum so payable is not a traffic contravention debt. (2) “Traffic contravention debt” has the meaning given by section 82(2) of the Traffic Management Act 2004.

(4) After paragraph 19 insert—

(19A) (1) This paragraph applies if these conditions are met— (a) the enforcement agent has power to enter the premises under paragraph 16; (b) the enforcement agent has taken control of the goods by entering into a controlled goods agreement with the debtor; (c) the debtor has failed to comply with any provision of the controlled goods agreement relating to the payment by the debtor of the debt; (d) the debtor has been given notice of the intention of the enforcement agent to enter the premises to inspect the goods or to remove them for storage or sale; (e) neither paragraph 18 nor paragraph 19 applies. (2) For the purposes of a notice under sub-paragraph (1)(d), regulations must state— (a) the minimum period of notice; (b) the form of the notice; (c) what it must contain; (d) how it must be given; (e) who must give it. (3) The enforcement agent must keep a record of the time when a notice under sub-paragraph (1)(d) is given. (4) If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period. (5) The order may be subject to conditions.

(5) In paragraphs 24(2) and 31(5) (no power to use force against persons except to extent provided in regulations) omit “, except to the extent that regulations provide that it does”.

(6) Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold after a sale).

(7) Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of in accordance with notice of disposal).

(8) In consequence of the repeals in subsection (5), in section 90 of the Tribunals, Courts and Enforcement Act 2007 (regulations under Part 3)—

(a) omit subsection (4) (procedure for regulations under paragraphs 24(2) and 31(5) of Schedule 12), and

(b) in subsection (5) omit “In any other case”.

(9) In Schedule 13 to that Act (taking control of goods: amendments)—

(a) in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972) for the words after “etc.),” substitute “ omit subsection (2). ”,

(b) in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act 1984) after “93 to” insert “ 98 and ”,

(d) in paragraph 125 (amendment of section 15 of the Employment Tribunals Act 1996) for “ “by execution issued from the county court”” substitute “the words from “by execution”, to “court” in the first place after “by execution”,”, and

(e) in paragraph 134 (which amends Schedule 17 to the Financial Services and Markets Act 2000) for “paragraph 16(a)” substitute “ paragraphs 16(a) and 16D(a) ”.

Payment of fines and other sums

26

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

(75A) (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 things 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 the 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) before 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 and 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.

(2) In the Courts Act 2003 after section 36 (a fines officer is a civil servant, or person provided under a contract, who is so designated by the Lord Chancellor) insert—

(36A) A function given by or under an enactment to a fines officer as such is to be taken for the purposes of section 2(5) (ban on contracting-out of judicial functions) as not involving the making of judicial decisions and as not involving the exercise of any judicial discretion.

(3) In Schedule 5 to that Act (collection of fines and other sums) in paragraph 13(1) (contents of collection orders) after paragraph (c) insert—

(ca) explain how the sum due may be increased by amounts in respect of costs of doing things for the purpose of collecting sums of that kind,

(4) In section 85 of the Magistrates' Courts Act 1980 (power to remit fines) after subsection (4) (power does not extend to other sums) insert—

(5) Despite subsection (4) above, references in subsections (1) to (3) above to a fine do include an amount that a person has been charged in respect of costs mentioned in section 75A(1) above if the person is liable under section 75A(1) above to pay the amount as a result of being liable to pay a fine as defined by subsection (4) above.

(5) In section 139(c) of that Act (disposal of balance of receipts on account of sum adjudged to be paid) after “balance” insert “ in accordance with any directions under section 139A and, subject to that, in payment ”.

(6) In that Act after section 139 insert—

(139A) (1) The Secretary of State may give directions requiring that money received on account of an amount charged as mentioned in section 75A is to be paid to the person who charged the amount. (2) For the purposes of this section, money is received on account of an amount charged as mentioned in section 75A if— (a) the money is received on account of a sum whose amount has been increased under that section, (b) the total received on account of the sum is more than the figure the sum would be if increases under that section are excluded, and (c) the money is— (i) the balance after deducting that figure from the total received, or (ii) if less, so much of that balance as equals the amount charged. (3) Directions under this section— (a) may be general or apply only in cases specified in them; (b) may make different provision for different purposes; (c) may be revoked by directions given by the Secretary of State.

(7) In section 24(2) of the Criminal Justice Act 1991 (regulations about applications by courts for benefit deductions) after paragraph (b) insert—

(ba) provision, including provision for deductions, in connection with the fine or compensation to which an application relates being treated as increased under section 75A of the 1980 Act or paragraph 42A of Schedule 5 to the Courts Act 2003;

(8) In section 56(3) of the Education and Skills Act 2008 (normal enforcement provisions do not apply to a non-participation fine once offender reaches 18) after “to be concluded” insert “or to preserve existing increases under section 75A of the Magistrates' Courts Act 1980 (collection costs) or paragraph 42A of Schedule 5 to the Courts Act 2003”.

Disclosure of information to facilitate collection of fines and other sums

27

(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums) is amended as follows.

(2) Paragraphs 9A to 10 (disclosure of information by Secretary of State to court officer to help court decide whether to apply for benefit deductions etc) become Part 3A of the Schedule.

(3) Accordingly, after paragraph 9 insert— “ PART 3A DISCLOSURE OF INFORMATION, AND MEANING OF “RELEVANT BENEFIT” ETC ”.

(4) In the heading before paragraph 9A, after “Disclosure of information in connection with” insert “ making of attachment of earnings order or ”.

(5) For paragraph 9A (power of Secretary of State to disclose information to help court decide whether to apply for benefit deductions) substitute—

(9A) (1) The Secretary of State or a Northern Ireland department, or a person providing services to the Secretary of State or a Northern Ireland department, may disclose social security information to a relevant person. (1A) Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose finances information to a relevant person. (1B) The disclosure authorised by sub-paragraph (1) or (1A) is disclosure of the information concerned for the purpose of facilitating the making, by the relevant court or a fines officer, of any of the following— (a) a decision as to whether to make an attachment of earnings order in respect of P, (b) a decision as to whether to make an application for benefit deductions in respect of P, and (c) such an order or application. (2) In this paragraph— - “finances information” means information which— 1. is about a person's income, gains or capital, and 2. is held— 1. by Her Majesty's Revenue and Customs, or 2. by a person providing services to the Commissioners for Her Majesty's Revenue and Customs in connection with the provision of those services, - “social security information” means information which is held for the purposes of functions relating to social security— 1. by the Secretary of State or a Northern Ireland Department, or 2. by a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services, (2A) The reference in sub-paragraph (2) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances). (3) In this paragraph “relevant person” means a person who is appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4).

(6) In paragraph 9B(1) (limits on onward disclosure)—

(a) for “9A(3)” substitute “ 9A ”, and

(b) for the words after “making” substitute “ , by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B). ”

(7) In paragraph 9B(2)(b) (use of information otherwise than in connection with decision mentioned in sub-paragraph (1)) for “as is mentioned in that sub-paragraph” substitute “ , order or application as is mentioned in paragraph 9A(1B) ”.

(8) In paragraph 9B(3) (disclosures that are not unlawful)—

(a) in paragraph (a) (disclosure in accordance with order of a court etc) after “order of a court” insert “ or of a tribunal established by or under an Act ”, and

(b) in paragraph (b) (disclosure of information previously lawfully disclosed) after “disclose” insert

or use— (i) any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or (ii)

(9) In paragraph 9B(5) (offence of wrongful use or disclosure of disclosed information punishable on summary conviction by a fine not exceeding level 4) for the words from “liable” to the end substitute

liable— (a) on conviction on indictment— (i) to imprisonment for a term not exceeding 2 years, or (ii) to a fine, or (iii) to both; (b) on summary conviction— (i) to imprisonment for a term not exceeding 12 months, or (ii) to a fine not exceeding the statutory maximum, or (iii) to both.

(10) In paragraph 9B after sub-paragraph (5) insert—

(6) Sub-paragraph (5)(b) applies in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on power of magistrates' courts to impose imprisonment) as if the reference to 12 months were a reference to 6 months. (7) A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.

(11) Omit paragraph 9C(2) and (4) (meaning of “benefit status” and “prescribed”).

(12) In paragraph 9C (interpretation etc of paragraphs 9A and 9B)—

(a) in sub-paragraph (1) for “This paragraph applies” substitute “ Sub-paragraphs (3) and (3A) apply ”, and

(b) after sub-paragraph (3) insert—

(3A) Relevant court” has the same meaning as in Part 3 of this Schedule. (3B) In paragraphs 9A and 10 (as in the provisions of this Schedule which extend to England and Wales only)— - “fines officer” has the meaning given by section 36; - “P” has the meaning given by paragraph 1.

(13) Paragraphs 9A, 9C and 10, as amended by the preceding provisions of this section, extend to Scotland and Northern Ireland (as well as to England and Wales).

(14) Accordingly, in section 111(1) of the Courts Act 2003 (subject to subsections (2) and (3), Act extends to England and Wales only) after “(3)” insert “ and to section 27(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C and 10 of Schedule 5) ”.

Disclosure of information for calculating fees of courts, tribunals etc

28

(1) The Secretary of State or a Northern Ireland Department, or a person providing services to the Secretary of State or a Northern Ireland Department, may disclose social security information to a relevant person who wants social security information in connection with deciding a fee-remission application.

(2) Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose tax credit information or finances information to a relevant person who wants tax credit information or finances information in connection with deciding a fee-remission application.

(3) Information disclosed to a relevant person under subsection (1) or (2)—

(a) must not be further disclosed, except to another relevant person who wants social security information, tax credit information or finances information in connection with deciding a fee-remission application, and

(b) must not be used otherwise than in connection with deciding a fee-remission application.

(4) Subsection (3) does not prohibit—

(a) disclosure or use of information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;

(b) disclosure or use of information which has previously been disclosed to the public with lawful authority;

(i) an order of a court,

(ii) an order of a tribunal established by or under an Act, or

(iii) a duty imposed by or under an Act or Northern Ireland legislation.

(5) It is an offence for a person to disclose or use information in contravention of subsection (3).

(6) It is a defence for a person charged with an offence under subsection (5) to prove that the person reasonably believed that the disclosure or use concerned was lawful.

(7) A person guilty of an offence under subsection (5) is liable—

(a) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years, or

(ii) to a fine, or

(iii) to both;

(b) on summary conviction—

(i) to imprisonment for a period not exceeding 12 months, or

(ii) to a fine not exceeding the statutory maximum, or

(iii) to both.

(7A) In the application of this section in England and Wales, the reference in subsection (7)(b)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).

(8) Subsection (7)(b) applies—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

(9) A prosecution for an offence under subsection (5)—

(a) may be instituted in England and Wales only by or with the consent of the Director of Public Prosecutions, and

(b) may be instituted in Northern Ireland only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(10) In this section—

“fee-remission application” means an application for any relief available to recipients of a social security benefit, or tax credit, from fees under any of—section 92 of the Courts Act 2003 (court fees),section 52 of the Constitutional Reform Act 2005 (Supreme Court fees),section 54 of the Mental Capacity Act 2005 (Court of Protection fees),section 58 of that Act (Public Guardian fees),section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal fees),paragraph 9 of Schedule 12 to the Commonhold and Leasehold Reform Act 2002 (leasehold valuation tribunal fees),paragraph 11 of Schedule 13 to the Housing Act 2004 (residential property tribunal fees), andsection 7 of the Gender Recognition Act 2004 (Gender Recognition Panel fees);

“finances information” means information which—is about a person's income, gains or capital, andis held—by Her Majesty's Revenue and Customs, orby a person providing services to the Commissioners for Her Majesty's Revenue and Customs, in connection with the provision of those services;

“relevant person” means—the Lord Chancellor,the Secretary of State,a person providing services to the Lord Chancellor or to the Secretary of State,any of the officers or staff of the Supreme Court, orany of the officers or staff of, or a person providing services to, the Public Guardian appointed for the purposes of the Mental Capacity Act 2005;

“social security information” means information which is held for the purposes of functions relating to social security—by the Secretary of State or a Northern Ireland Department, orby a person providing services to the Secretary of State or a Northern Ireland Department, in connection with the provision of those services,or information which is held with information so held;

“tax credit information” means information as to whether a person has been awarded child tax credit or working tax credit which is held—by Her Majesty's Revenue and Customs, orby a person providing services to the Commissioners for Her Majesty's Revenue and Customs, in connection with the provision of those services.

Supreme Court chief executive, officers and staff

29

(1) For section 48(2) of the Constitutional Reform Act 2005 (chief executive of the Supreme Court to be appointed by Lord Chancellor after consulting President of the Court) substitute—

(2) It is for the President of the Court to appoint the chief executive.

(2) Section 49 of that Act (officers and staff of the Supreme Court) is amended as follows.

(3) In subsection (2) (number of officers and staff, and their terms, are for the chief executive but subject to the provision in subsection (3) about application of civil service pension arrangements)—

(a) for “these matters with the agreement of the Lord Chancellor—” substitute “ the following matters— ”, and

(b) for “subsection” substitute “ subsections (2A) and ”.

(4) After subsection (2) insert—

(2A) Service as the chief executive of the Court, and service as an officer or staff appointed under subsection (1), is service in the civil service of the State.

(5) In subsection (3) (civil service pension arrangements apply to chief executive, officers and staff) for “The” at the beginning substitute “ Accordingly, the ”.

Supreme Court security officers

30

(1) In Part 3 of the Constitutional Reform Act 2005 (the Supreme Court) after section 51 insert—

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