Crime and Courts Act 2013

(51A) (1) A Supreme Court security officer is a person who is— (a) appointed by the President of the Supreme Court under section 49(1) or provided under a contract, and (b) designated by the President as a Supreme Court security officer. (2) The President may give directions as to— (a) training courses to be completed by Supreme Court security officers; (b) conditions to be met before a person may be designated as a Supreme Court security officer. (3) For the purposes of sections 51B to 51E, a Supreme Court security officer who is not readily identifiable as such (whether by means of uniform or badge or otherwise) is not to be regarded as acting in the execution of the officer's duty. (4) In those sections “court building” means any building— (a) where the business of the Supreme Court, or of the Judicial Committee of the Privy Council, is carried on, and (b) to which the public has access. (51B) (1) A Supreme Court security officer acting in the execution of the officer's duty may search— (a) any person who is in, or seeking to enter, a court building, and (b) any article in the possession of such a person. (2) Subsection (1) does not authorise a Supreme Court security officer to require a person to remove any of the person's clothing other than a coat, jacket, headgear, gloves or footwear. (3) A Supreme Court security officer acting in the execution of the officer's duty may exclude or remove from a court building, or a part of a court building, any person who refuses— (a) to permit a search under subsection (1), or (b) to surrender an article in the person's possession when asked to do so under section 51C(1). (4) A Supreme Court security officer acting in the execution of the officer's duty may— (a) restrain any person who is in a court building, or (b) exclude or remove any person from a court building, or a part of a court building, if it is reasonably necessary to do so for one of the purposes given in subsection (5). (5) The purposes are— (a) enabling business of the Supreme Court, or of the Judicial Committee of the Privy Council, to be carried on without interference or delay; (b) maintaining order; (c) securing the safety of any person in the court building. (6) A Supreme Court security officer acting in the execution of the officer's duty may remove any person from a courtroom at the request of— (a) a judge of the Supreme Court, or (b) a member of the Judicial Committee of the Privy Council. (7) The powers given by subsections (3), (4) and (6) include power to use reasonable force, where necessary. (51C) (1) If a Supreme Court security officer acting in the execution of the officer's duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (2), the officer must ask the person to surrender the article; and, if the person refuses to surrender the article, the officer may seize it. (2) The grounds are that the article— (a) may jeopardise the maintenance of order in the court building (or a part of it), (b) may put the safety of any person in the court building at risk, or (c) may be evidence of, or in relation to, an offence. (3) Subject to subsection (4), a Supreme Court security officer may retain an article which was— (a) surrendered in response to a request under subsection (1), or (b) seized under that subsection, until the time when the person who surrendered it, or from whom it was seized, is leaving the court building. (4) If a Supreme Court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, the officer may retain it until— (a) the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or (b) the end of the permitted period, whichever is the later. (5) In subsection (4) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme Court security officer to draw the article to the attention of a constable. (6) Subsections (3) to (5) do not apply where a knife is— (a) surrendered to a Supreme Court security officer in response to a request under subsection (1), or (b) seized by a Supreme Court security officer under that subsection, but, instead, the knife must be retained in accordance with regulations under section 51D(3) unless returned or disposed of in accordance with those regulations or regulations under section 51D(1). (7) If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable. (8) In this section “knife” includes— (a) a knife-blade, and (b) any other article which— (i) has a blade or is sharply pointed, and (ii) is made or adapted for use for causing injury to the person. (51D) (1) The Lord Chancellor may by regulations make provision as to— (a) the provision to persons— (i) by whom articles have been surrendered in response to a request under subsection (1) of section 51C, or (ii) from whom articles have been seized under that subsection, of written information about the powers of retention of Supreme Court security officers, (b) the keeping of records about articles which have been so surrendered or seized, (c) the period for which unclaimed articles have to be kept, and (d) the disposal of unclaimed articles at the end of that period. (2) In subsection (1) “unclaimed article” means an article— (a) which has been retained under section 51C, (b) which a person is entitled to have returned, (c) which has not been returned, and (d) whose return has not been requested by a person entitled to it. (3) Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to— (a) the procedure to be followed when a knife is retained under section 51C; (b) the making of requests by eligible persons for the return of knives so retained; (c) the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations. (4) In subsection (3)— - “eligible person”, in relation to a knife retained under section 51C, means— 1. the person who surrendered the knife under subsection (1) of section 51C or from whom the knife was seized under that subsection, or 2. any other person specified in regulations under subsection (3); - “knife” has the same meaning as in section 51C. (51E) (1) Any person who assaults a Supreme Court security officer acting in the execution of the officer's duty commits an offence. (2) A person guilty of an offence under subsection (1) is liable on summary conviction— (a) to imprisonment for a term not exceeding 12 months, or (b) to a fine not exceeding level 5 on the standard scale, or (c) to both. (3) Subsection (2) applies— (a) in England and Wales in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court's power to impose imprisonment), and (b) in Northern Ireland, as if the reference to 12 months were a reference to 6 months. (4) A person who resists or wilfully obstructs a Supreme Court security officer acting in the execution of the officer's duty commits an offence. (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) In section 48(3)(a) of the Constitutional Reform Act 2005 (delegation of President's functions to chief executive) after “under section 49(1)” insert “ or 51A(1)(a) or (b) ”.

Making, and use, of recordings of Supreme Court proceedings

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• (1) Section 9 of the Contempt of Court Act 1981 (recording of court proceedings) is amended as follows.

• (2) After subsection (1) insert—

(1A) In the case of a recording of Supreme Court proceedings, subsection (1)(b) does not apply to its publication or disposal with the leave of the Court.

• (3) In subsection (2) (leave under subsection (1)(a): grant, refusal, conditions, withdrawal and amendment)—

• (a) after “paragraph (a) of subsection (1)” insert “ , or under subsection (1A), ”,

• (b) for “if granted may” substitute

if granted— (a) may, in the case of leave under subsection (1)(a),

, and

• (c) after “leave; and” insert—

(b) may, in the case of leave under subsection (1A), be granted subject to such conditions as the Supreme Court thinks proper with respect to publication or disposal of any recording to which the leave relates; and

.

• (4) In subsection (1) (activities which are contempt of court) after paragraph (c) insert—

(d) to publish or dispose of any recording in contravention of any conditions of leave granted under subsection (1A).

Enabling the making, and use, of films and other recordings of proceedings

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• (1) The Lord Chancellor may, by order made with the concurrence of the Lord Chief Justice, provide that a section mentioned in subsection (2) or any provision of either of those sections—

• (a) does not apply in relation to the making of a recording or the making of a prescribed recording;

• (b) does not apply in relation to the making of a recording, or the making of a prescribed recording, if prescribed conditions are met, including conditions as to a court or tribunal or any other person being satisfied as to anything or agreeing;

• (c) does not apply in relation to prescribed use of a prescribed recording.

• (2) Those sections are—

• (a) section 41 of the Criminal Justice Act 1925 (no photography or drawing in court of persons involved in proceedings, and no publication of contravening images);

• (b) section 9 of the Contempt of Court Act 1981 (no sound recording in court without permission, and no public playing of recordings).

• (3) In the case of any particular proceedings of a court or tribunal, the court or tribunal may in the interests of justice or in order that a person is not unduly prejudiced—

• (a) direct that a provision disapplied in relation to the proceedings by an order under subsection (1) is, despite the order, to apply in relation to the proceedings, or

• (b) direct that a provision disapplied in relation to the proceedings by an order under subsection (1) is, despite the order, disapplied in relation to the proceedings only if conditions specified in the direction are met.

• (4) No appeal may be made against—

• (a) a direction given under subsection (3), or

• (b) a decision not to give a direction under that subsection.

• (5) In this section—

• “recording” means a visual or sound recording on any medium, including (in particular)—films and other video-recordings, with or without sound,other photographs, andsketches and portraits;

• “prescribed” means prescribed by an order under subsection (1).

• (6) The preceding provisions of this section do not apply in relation to Supreme Court proceedings.

• (7) In section 41 of the Criminal Justice Act 1925 after subsection (1) insert—

(1A) See section 32 of the Crime and Courts Act 2013 for power to provide for exceptions.

• (8) In section 9 of the Contempt of Court Act 1981 after subsection (4) insert—

(5) See section 32 of the Crime and Courts Act 2013 for power to provide for further exceptions.

Abolition of scandalising the judiciary as form of contempt of court

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• (1) Scandalising the judiciary (also referred to as scandalising the court or scandalising judges) is abolished as a form of contempt of court under the common law of England and Wales.

• (2) That abolition does not prevent proceedings for contempt of court being brought against a person for conduct that immediately before that abolition would have constituted both scandalising the judiciary and some other form of contempt of court.

Publishers of news-related material: damages and costs

Awards of exemplary damages

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• (1) This section applies where—

• (a) a relevant claim is made against a person (“the defendant”),

• (b) the defendant was a relevant publisher at the material time,

• (c) the claim is related to the publication of news-related material, and

• (d) the defendant is found liable in respect of the claim.

• (2) Exemplary damages may not be awarded against the defendant in respect of the claim if the defendant was a member of an approved regulator at the material time.

• (3) But the court may disregard subsection (2) if—

• (a) the approved regulator imposed a penalty on the defendant in respect of the defendant's conduct or decided not to do so,

• (b) the court considers, in light of the information available to the approved regulator when imposing the penalty or deciding not to impose one, that the regulator was manifestly irrational in imposing the penalty or deciding not to impose one, and

• (c) the court is satisfied that, but for subsection (2), it would have made an award of exemplary damages under this section against the defendant.

• (4) Where the court is not prevented from making an award of exemplary damages by subsection (2) (whether because that subsection does not apply or the court is permitted to disregard that subsection as a result of subsection (3)), the court—

• (a) may make an award of exemplary damages if it considers it appropriate to do so in all the circumstances of the case, but

• (b) may do so only under this section.

• (5) Exemplary damages may be awarded under this section only if they are claimed.

• (6) Exemplary damages may be awarded under this section only if the court is satisfied that—

• (a) the defendant's conduct has shown a deliberate or reckless disregard of an outrageous nature for the claimant's rights,

• (b) the conduct is such that the court should punish the defendant for it, and

• (c) other remedies would not be adequate to punish that conduct.

• (7) Exemplary damages may be awarded under this section whether or not another remedy is granted.

• (8) The decision on the question of—

• (a) whether exemplary damages are to be awarded under this section, or

• (b) the amount of such damages,

must not be left to a jury.

Relevant considerations

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• (1) This section applies where the court is deciding whether the circumstances of the case make it appropriate for exemplary damages to be awarded under section 34.

• (2) The court must have regard to the principle that exemplary damages must not usually be awarded if, at any time before the decision comes to be made, the defendant has been convicted of an offence involving the conduct complained of.

• (3) The court must take account of the following—

• (a) whether membership of an approved regulator was available to the defendant at the material time;

• (b) if such membership was available, the reasons for the defendant not being a member;

• (c) so far as relevant in the case of the conduct complained of, whether internal compliance procedures of a satisfactory nature were in place and, if so, the extent to which they were adhered to in that case.

• (4) The reference in subsection (3)(c) to “internal compliance procedures” being in place is a reference to any procedures put in place by the defendant for the purpose of ensuring that—

• (a) material is not obtained by or on behalf of the defendant in an inappropriate way, and

• (b) material is not published by the defendant in inappropriate circumstances.

• (5) The court may regard deterring the defendant and others from similar conduct as an object of punishment.

• (6) This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.

Amount of exemplary damages

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• (1) This section applies where the court decides to award exemplary damages under section 34.

• (2) The court must have regard to these principles in determining the amount of exemplary damages—

• (a) the amount must not be more than the minimum needed to punish the defendant for the conduct complained of;

• (b) the amount must be proportionate to the seriousness of the conduct.

• (3) The court must take account of these matters in determining the amount of exemplary damages—

• (a) the nature and extent of any loss or harm caused, or intended to be caused, by the defendant's conduct;

• (b) the nature and extent of any benefit the defendant derived or intended to derive from such conduct.

• (4) The court may regard deterring the defendant and others from similar conduct as an object of punishment.

• (5) This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.

Multiple claimants

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• (1) This section applies where a relevant publisher—

• (a) is a defendant to a relevant claim, and

• (b) is found liable to two or more persons in respect of the claim (“the persons affected”).

• (2) In deciding whether to award exemplary damages under section 34 or the amount of such damages to award (whether to one or more of the persons affected), the court must take account of any settlement or compromise by any persons of a claim in respect of the conduct.

• (3) But the court may take account of any such settlement or compromise only if the defendant agrees.

• (4) If the court awards exemplary damages under section 34 to two or more of the persons affected, the total amount awarded must be such that it does not punish the defendant excessively.

• (5) If the court awards exemplary damages under section 34 to one or more of the persons affected, no later claim may be made for exemplary damages as regards the conduct.

Multiple defendants

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• (1) Any liability of two or more persons for exemplary damages awarded under section 34 is several (and not joint or joint and several).

• (2) Subsection (1) has effect subject to the law relating to the liability of a partner for the conduct of another partner.

• (3) Where the liability of two or more persons for exemplary damages is several, no contribution in respect of the damages may be recovered by any of them under section 1 of the Civil Liability (Contribution) Act 1978.

Awards of aggravated damages

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• (1) This section applies where—

• (a) a relevant claim is made against a person (“the defendant”),

• (b) the defendant was a relevant publisher at the material time,

• (c) the claim is related to the publication of news-related material, and

• (d) the defendant is found liable in respect of the claim.

• (2) Aggravated damages may be awarded against the defendant only to compensate for mental distress and not for purposes of punishment.

• (3) In this section, “aggravated damages” means damages that were commonly called aggravated before the passing of this Act and which—

• (a) are awarded against a person in respect of the person's motive or exceptional conduct, but

• (b) are not exemplary damages or restitutionary damages.

• (4) Nothing in this section is to be read as implying that, in cases where this section does not apply, aggravated damages may be awarded for purposes of punishment.

Awards of costs

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “relevant publisher”

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• (1) In sections 34 to 39, “relevant publisher” means a person who, in the course of a business (whether or not carried on with a view to profit), publishes news-related material—

• (a) which is written by different authors, and

• (b) which is to any extent subject to editorial control.

This is subject to subsections (5) and (6).

• (2) News-related material is “subject to editorial control” if there is a person (whether or not the publisher of the material) who has editorial or equivalent responsibility for—

• (a) the content of the material,

• (b) how the material is to be presented, and

• (c) the decision to publish it.

• (3) A person who is the operator of a website is not to be taken as having editorial or equivalent responsibility for the decision to publish any material on the site, or for content of the material, if the person did not post the material on the site.

• (4) The fact that the operator of the website may moderate statements posted on it by others does not matter for the purposes of subsection (3).

• (5) A person is not a “relevant publisher” if the person is specified by name in Schedule 15.

• (6) A person is not a “relevant publisher” in so far as the person's publication of news-related material is in a capacity or case of a description specified in Schedule 15.

• (7) But a person who is not a “relevant publisher” as a result of paragraph 8 of that Schedule (micro-businesses) is nevertheless to be regarded as such if the person was a member of an approved regulator at the material time.

Other interpretative provisions

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• (1) This section applies for the purposes of sections 34 to 41.

• (2) “Approved regulator” means a body recognised as a regulator of relevant publishers.

• (3) For the purposes of subsection (2), a body is “recognised” as a regulator of relevant publishers if it is so recognised by any body established by Royal Charter (whether established before or after the coming into force of this section) with the purpose of carrying on activities relating to the recognition of independent regulators of relevant publishers.

• (4) “Relevant claim” means a civil claim made in respect of any of the following—

• (a) libel;

• (b) slander;

• (c) breach of confidence;

• (d) misuse of private information;

• (e) malicious falsehood;

• (f) harassment.

• (5) For the purposes of subsection (4)—

• (a) the reference to a claim made in respect of the misuse of private information does not include a reference to a claim made by virtue of Article 82 of the UK GDPR or section 168 or 169 of the Data Protection Act 2018 (compensation for contravention of the data protection legislation) ;

• (b) the reference to a claim made in respect of harassment is a reference to a claim made under the Protection from Harassment Act 1997.

• (5A) In subsection (5)(a), “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).

• (6) The “material time”, in relation to a relevant claim, is the time of the events giving rise to the claim.

• (7) “News-related material” means—

• (a) news or information about current affairs,

• (b) opinion about matters relating to the news or current affairs, or

• (c) gossip about celebrities, other public figures or other persons in the news.

• (8) A relevant claim is related to the publication of news-related material if the claim results from—

• (a) the publication of news-related material, or

• (b) activities carried on in connection with the publication of such material (whether or not the material is in fact published).

• (9) A reference to the “publication” of material is a reference to publication—

• (a) on a website,

• (b) in hard copy, or

• (c) by any other means;

and references to a person who “publishes” material are to be read accordingly.

• (10) A reference to “conduct” includes a reference to omissions; and a reference to a person's conduct includes a reference to a person's conduct after the events giving rise to the claim concerned.

Self-defence

Use of force in self-defence at place of residence

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• (1) Section 76 of the Criminal Justice and Immigration Act 2008 (use of reasonable force for purposes of self-defence etc) is amended as follows.

• (2) Before subsection (6) (force not regarded as reasonable if it was disproportionate) insert—

(5A) In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.

• (3) In subsection (6) at the beginning insert “ In a case other than a householder case, ”.

• (4) After subsection (8) insert—

(8A) For the purposes of this section “a householder case” is a case where— (a) the defence concerned is the common law defence of self-defence, (b) the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both), (c) D is not a trespasser at the time the force is used, and (d) at that time D believed V to be in, or entering, the building or part as a trespasser. (8B) Where— (a) a part of a building is a dwelling where D dwells, (b) another part of the building is a place of work for D or another person who dwells in the first part, and (c) that other part is internally accessible from the first part, that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling. (8C) Where— (a) a part of a building is forces accommodation that is living or sleeping accommodation for D, (b) another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and (c) that other part is internally accessible from the first part, that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation. (8D) Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3). (8E) The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A). (8F) In subsections (8A) to (8C)— - “building” includes a vehicle or vessel, and - “forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.

• (5) In subsection (9) (section intended to be clarificatory) after “This section” insert “ , except so far as making different provision for householder cases, ”.

• (6) An amendment made by this section does not apply in respect of force used before the amendment comes into force.

Community and other non-custodial sentencing

Dealing non-custodially with offenders

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Schedule 16 (which makes provision about community orders, restorative justice, community requirements in suspended sentence orders, compensation orders and fines etc) has effect.

Deferred prosecution agreements

Deferred prosecution agreements

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Schedule 17 makes provision about deferred prosecution agreements.

Proceeds of crime

Restraint orders and legal aid

46

• (1) Section 41 of the Proceeds of Crime Act 2002 (confiscation in England and Wales: restraint orders) is amended in accordance with subsections (2) to (6).

• (2) After subsection (2) insert—

(2A) A restraint order must be made subject to an exception enabling relevant legal aid payments to be made (a legal aid exception). (2B) A relevant legal aid payment is a payment that the specified person is obliged to make— (a) by regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and (b) in connection with services provided in relation to an offence which falls within subsection (5), whether the obligation to make the payment arises before or after the restraint order is made.

• (3) In subsection (3)—

• (a) after “subject to” insert “ other ”, and

• (b) omit paragraph (c).

• (4) In subsection (4), for “But an exception to a restraint order” substitute “ But where an exception to a restraint order is made under subsection (3), it ”.

• (5) After subsection (5) insert—

(5A) A legal aid exception— (a) must be made subject to prescribed restrictions (if any) on— (i) the circumstances in which payments may be made in reliance on the exception, or (ii) the amount of the payments that may be made in reliance on the exception, (b) must be made subject to other prescribed conditions (if any), and (c) may be made subject to other conditions. (5B) Any other exception to a restraint order may be made subject to conditions.

• (6) After subsection (9) insert—

(10) In this section “prescribed” means prescribed by regulations made by the Secretary of State.

• (7) In section 459 of that Act (orders and regulations)—

• (a) in subsection (4)(a), after “section” insert “ 41(5A), ”, and

• (b) in subsection (6)(a), after “section” insert “ 41(5A), ”.

Restraint orders and legal aid: supplementary

47

• (1) The Secretary of State may by regulations—

• (a) make provision about the making of relevant legal aid payments out of property that is the subject of a restraint order under Part 2 of the Proceeds of Crime Act 2002 (“the 2002 Act”), and

• (b) make provision in connection with cases in which such payments are or may be made out of such property,

whether by modifying the operation of Part 2 of the 2002 Act or Chapter 1, 2 or 4 of Part 8 of that Act or otherwise.

• (2) The provision that may be made by regulations under this section includes—

• (a) provision about how much property may be subject to a restraint order, including provision made by reference to the amount or estimated amount of relevant legal aid payments;

• (b) provision for a restraint order or other order under Part 2 of the 2002 Act to remain in force, where a relevant legal aid payment remains unpaid, in circumstances in which the order would otherwise have to be discharged;

• (c) provision about powers of investigation for the purpose of identifying property that may be used to make relevant legal aid payments, including powers exercisable where an order continues in force in accordance with provision described in paragraph (b);

• (d) provision about the use of property in cases in which there is or has been a restraint order, including provision about the order in which different obligations to make payments may or must be satisfied in such cases;

• (e) provision about powers of entry, search and seizure;

• (f) provision about the payment of compensation by the Lord Chancellor;

• (g) provision about the disclosure and use of documents, information and other evidence.

• (3) The provision that may be made by regulations under this section (whether by virtue of this section or section 58(12)) includes—

• (a) provision conferring, removing or otherwise modifying a function;

• (b) provision amending, repealing, revoking or otherwise modifying provision made by or under any enactment (including provision inserted or amended by this Act).

• (4) In this section—

• “function” means a function of any description, including a power or duty (whether conferred by an enactment or arising otherwise);

• “property” has the same meaning as in Part 2 of the 2002 Act;

• “relevant legal aid payment” means—a payment that is a relevant legal aid payment for the purposes of section 41 of the 2002 Act, anda payment that would be such a payment if a restraint order were made.

• (5) In subsection (2)(a) and (c) the references to relevant legal aid payments include any payment that is likely to be a relevant legal aid payment when the obligation to make the payment arises.

Civil recovery of the proceeds etc of unlawful conduct

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• (1) Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct) is amended as follows.

• (2) After section 282 insert—

(282A) (1) An order under this Chapter may be made by the High Court in England and Wales or the Court of Session— (a) in respect of property wherever situated, and (b) in respect of a person wherever domiciled, resident or present, subject to subsection (2). (2) Such an order may not be made by the High Court in England and Wales or the Court of Session in respect of— (a) property that is outside the United Kingdom, or (b) property that is in the United Kingdom but outside the relevant part of the United Kingdom, unless there is or has been a connection between the case and the relevant part of the United Kingdom. (3) The circumstances in which there is or has been such a connection include those described in Schedule 7A. (4) “The relevant part of the United Kingdom” means— (a) in relation to an order made by the High Court in England and Wales, England and Wales, and (b) in relation to an order made by the Court of Session, Scotland.

• (3) After Schedule 7 insert—

Schedule 7A (1) There is a connection where the unlawful conduct occurred entirely or partly in the relevant part of the United Kingdom. (2) There has been a connection where the property in question has been in the relevant part of the United Kingdom, but only if it was recoverable property in relation to the unlawful conduct for some or all of the time it was there. (3) There is a connection where there is other property in the relevant part of the United Kingdom that is recoverable property in relation to the unlawful conduct. (4) There has been a connection where, at any time, there has been other property in the relevant part of the United Kingdom that, at the time, was recoverable property in relation to the unlawful conduct. (5) (1) There is or has been a connection where a person described in sub-paragraph (2)— (a) is linked to the relevant part of the United Kingdom, (b) was linked to that part of the United Kingdom at a time when the unlawful conduct, or some of the unlawful conduct, was taking place, or (c) has been linked to that part of the United Kingdom at any time since that conduct took place. (2) Those persons are— (a) a person whose conduct was, or was part of, the unlawful conduct; (b) a person who was deprived of property by the unlawful conduct; (c) a person who holds the property in question; (d) a person who has held the property in question, but only if it was recoverable property in relation to the unlawful conduct at the time; (e) a person who holds other property that is recoverable property in relation to the unlawful conduct; (f) a person who, at any time, has held other property that was recoverable property in relation to the unlawful conduct at the time. (3) A person is linked to the relevant part of the United Kingdom if the person is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, (b) a person who, under the British Nationality Act 1981, is a British subject, (c) a British protected person within the meaning of that Act, (d) a body incorporated or constituted under the law of any part of the United Kingdom, or (e) a person domiciled, resident or present in the relevant part of the United Kingdom. (6) (1) There is a connection where the property in question is property held on trust, or an interest in property held on trust, and— (a) the trust arises under the law of any part of the United Kingdom, (b) the trust is entirely or partly governed by the law of any part of the United Kingdom, (c) one or more of the trustees is linked to the relevant part of the United Kingdom, or (d) one or more of the beneficiaries of the trust is linked to the relevant part of the United Kingdom. (2) A person is linked to the relevant part of the United Kingdom if the person falls within paragraph 5(3). (3) “Beneficiaries” includes beneficiaries with a contingent interest in the trust property and potential beneficiaries. (7) “The relevant part of the United Kingdom” has the meaning given in section 282A(4). (8) “The unlawful conduct” means— (a) in a case in which the property in question was obtained through unlawful conduct, that conduct, (b) in a case in which the property in question represents property obtained through unlawful conduct, that conduct, or (c) in a case in which it is shown that the property in question was obtained through unlawful conduct of one of a number of kinds or represents property so obtained (see section 242(2)(b)), one or more of those kinds of conduct.

• (4) Omit section 286 (scope of powers: Scotland).

• (5) In section 316 (general interpretation), after subsection (8A) insert—

(8B) An enforcement authority in relation to England and Wales or Scotland may take proceedings there for an order under Chapter 2 of this Part in respect of any property or person, whether or not the property or person is (or is domiciled, resident or present) in that part of the United Kingdom.

• (6) In Schedule 18 to this Act (proceeds of crime: civil recovery of the proceeds etc of unlawful conduct)—

• (a) Part 1 makes provision about the enforcement of interim orders in the United Kingdom, and

• (b) Part 2 makes provision about enforcement where property or evidence is outside the United Kingdom.

• (7) The amendments made by this section and Part 2 of Schedule 18 are deemed always to have had effect.

• (8) The amendments made by this section and Schedule 18 do not affect the extent to which provisions of the Proceeds of Crime Act 2002 (other than Chapter 2 of Part 5), or of any other enactment, apply in respect of persons or property outside the United Kingdom or outside a particular part of the United Kingdom.

Investigations

49

In Schedule 19 (proceeds of crime: investigations)—

• (a) Part 1 makes provision about orders and warrants sought under Part 8 of the Proceeds of Crime Act 2002 in connection with civil recovery investigations,

• (b) Part 2 makes provision about obtaining evidence overseas, and

• (c) Part 3 makes consequential amendments relating to immigration officers and to the National Crime Agency.

Extradition

Extradition

50

Schedule 20 (extradition) has effect.

Part 3 — Miscellaneous and general

Border control

Immigration cases: appeal rights; and facilitating combined appeals

51

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 99 of that Act (pending appeals lapse on issue of certificates)—

• (a) in subsection (1) (list of provisions under which certificates may be issued) omit “96(1) or (2),”, and

• (b) in the title, for “96 to” substitute “ 97 and ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against refusal of entry clearance to visit the UK

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on right of appeal from within the United Kingdom

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deportation on national security grounds: appeals

54

• (1) Section 97A of the Nationality, Immigration and Asylum Act 2002 (deportation on national security grounds: appeal rights) is amended as follows.

• (2) After subsection (1) insert—

(1A) This section also applies where the Secretary of State certifies, in the case of a person in respect of whom a deportation order has been made which states that it is made in accordance with section 32(5) of the UK Borders Act 2007, that the person's removal from the United Kingdom would be in the interests of national security.

• (3) For subsection (2)(c) substitute—

(c) section 2(5) of the Special Immigration Appeals Commission Act 1997 (whether appeals brought against decisions certified under section 97 may be brought from within the United Kingdom) does not apply, but see instead the following provisions of this section.

• (4) After subsection (2) insert—

(2A) The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997— (a) against the decision to make the deportation order, or (b) against any refusal to revoke the deportation order, unless the person has made a human rights claim while in the United Kingdom. (2B) Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person— (a) to the country or territory to which the person is proposed to be removed, and (b) despite the appeals process not having been begun or not having been exhausted, would not breach the United Kingdom's obligations under the Human Rights Convention. (2C) The grounds upon which a certificate may be given under subsection (2B) include (in particular)— (a) that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed; (b) that the whole or part of any human rights claim made by the person is clearly unfounded. (2D) Subsection (2A) does not allow the person while in the United Kingdom to bring an appeal on a non-human-rights ground, or to continue an appeal so far as brought on non-human-rights grounds, if the Secretary of State certifies that removal of the person— (a) to the country or territory to which the person is proposed to be removed, and (b) despite the appeals process, so far as relating to appeal on non-human-rights grounds, not having been begun or not having been exhausted, would not breach the United Kingdom's obligations under the Human Rights Convention. (2E) In subsection (2D) “non-human-rights ground” means any ground other than the ground that removal of the person from the United Kingdom in consequence of the decision to make the deportation order would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with a person's Convention rights. (2F) If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate. (2G) If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings. (2H) The Commission's determination of a review under subsection (2F) is final. (2J) The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission. (2K) Sections 5 and 6 of the Special Immigration Appeals Commission Act 1997 apply in relation to reviews under subsection (2F) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals). (2L) Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously.

• (5) In subsection (3) (appeal against certificate under subsection (2)(c)(iii)) for “(2)(c)(iii)” substitute “ (2D) ”.

Powers of immigration officers

55

• (1) In the Police Act 1997, in section 93 (authorisations to interfere with property etc: authorising officers), in subsection (5), after paragraph (h) insert—

(ha) an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;

.

• (2) In the Regulation of Investigatory Powers Act 2000, in section 32(6) (authorisation of intrusive surveillance: senior authorising officers), after paragraph (m) insert—

(ma) a senior official in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated for the purposes of this paragraph by the Secretary of State; and

.

• (3) The Proceeds of Crime Act 2002 is amended in accordance with subsections (4) and (5).

• (4) In the 2002 Act—

• (a) in section 47A (search and seizure powers under sections 47B to 47S: meaning of “appropriate officer”), in subsection (1), after paragraph (a) insert—

(aa) an immigration officer;

;

• (b) in section 127A (search and seizure powers in Scotland under sections 127B to 127R: meaning of “appropriate officer”), in subsection (1), after paragraph (a) insert—

(aa) an immigration officer, or

;

• (c) in section 195A (search and seizure powers in Northern Ireland under sections 195B to 195S: meaning of “appropriate officer”), in subsection (1), after paragraph (a) insert—

(aa) an immigration officer, or

.

• (5) In section 378 of the 2002 Act (appropriate officers and senior appropriate officers for the purposes of investigations under Part 8 of that Act)—

• (a) in subsection (1) (appropriate officers for confiscation investigations), after paragraph (d) insert—

(e) an immigration officer.

;

• (b) in subsection (2) (senior appropriate officers for confiscation investigations), after paragraph (c) insert—

(ca) an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;

;

• (c) in subsection (3A) (appropriate officers for detained cash investigations), after paragraph (b) insert—

(c) an immigration officer.

;

• (d) in subsection (4) (appropriate officers for money laundering investigations), after paragraph (c) insert—

(d) an immigration officer.

;

• (e) in subsection (6) (senior appropriate officers in relation to money laundering investigations), after paragraph (b) insert—

(ba) an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;

.

• (6) In the UK Borders Act 2007, in section 24 (seizure of cash by immigration officers under Proceeds of Crime Act 2002)—

• (a) in subsection (2), for paragraphs (a) and (b) substitute—

(a) unlawful conduct”, in or in relation to section 289, means conduct which— (i) relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or (ii) is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment, and (in either case) constitutes an offence,

;

• (b) after subsection (2) insert—

(2A) In subsection (2)(a)(ii) “relevant nationality enactment” means any enactment in— (a) the British Nationality Act 1981, (b) the Hong Kong Act 1985, (c) the Hong Kong (War Wives and Widows) Act 1996, (d) the British Nationality (Hong Kong) Act 1997, (e) the British Overseas Territories Act 2002, or (f) an instrument made under any of those Acts.

.

• (7) Sections 136 to 139 of the Criminal Justice and Public Order Act 1994 (execution of warrants and powers of arrest and search) apply to an immigration officer as they apply to a constable (but subject to subsection (8) below and paragraphs 41 to 43 of Schedule 21).

• (8) An immigration officer may exercise a power under sections 136 to 139 of the 1994 Act only—

• (a) in the exercise of a function which relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including a function which relates to conditions or other controls on any such entitlement),

• (b) in exercising a function under, or for the purposes of—

• (i) the British Nationality Act 1981,

• (ii) the Hong Kong Act 1985,

• (iii) the Hong Kong (War Wives and Widows) Act 1996,

• (iv) the British Nationality (Hong Kong) Act 1997,

• (v) the British Overseas Territories Act 2002,

• (vi) an instrument made under any of those Acts, or

• (c) in connection with the prevention, investigation or prosecution of any of the following offences (insofar as that does not involve the exercise of a function which falls within paragraph (a) or (b))—

• (i) an offence under section 26(1)(a), (b) or (g) of the Immigration Act 1971 (refusal or failure to submit to examination or to furnish information etc, or obstruction of immigration officer);

• (ii) an offence under section 22 of the UK Borders Act 2007 (assaulting an immigration officer).

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) In the Criminal Procedure (Scotland) Act 1995, in section 307 (interpretation)—

• (a) in subsection (1), in the definition of “officer of law”, after paragraph (ba) insert—

(bb) subject to subsection (1AA) below, an immigration officer acting with the authority (which may be general or specific) of the Secretary of State;

;

• (b) after subsection (1A) insert—

(1AA) The inclusion of immigration officers as “officers of law” shall have effect only in relation to immigration offences and nationality offences (within the meaning of Part 3 of the Criminal Law (Consolidation) (Scotland) Act 1995).

;

• (c) in subsection (1B), for the words from “this Act” to “had the authority” substitute

this Act— (a) a certificate of the Commissioners for Her Majesty's Revenue and Customs that an officer of Revenue of Customs, or (b) a certificate of the Secretary of State that an immigration officer, had the authority

.

• (14) Schedule 21 (powers of immigration officers: further provision) has effect.

Drugs and driving

Drugs and driving

56

• (1) After section 5 of the Road Traffic Act 1988 (“the 1988 Act”) insert—

(5A) (1) This section applies where a person (“D”)— (a) drives or attempts to drive a motor vehicle on a road or other public place, or (b) is in charge of a motor vehicle on a road or other public place, and there is in D's body a specified controlled drug. (2) D is guilty of an offence if the proportion of the drug in D's blood or urine exceeds the specified limit for that drug. (3) It is a defence for a person (“D”) charged with an offence under this section to show that— (a) the specified controlled drug had been prescribed or supplied to D for medical or dental purposes, (b) D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and (c) D's possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions). (4) The defence in subsection (3) is not available if D's actions were— (a) contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or (b) contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug. (5) If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (6) It is a defence for a person (“D”) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D's blood or urine remained likely to exceed the specified limit for that drug. (7) The court may, in determining whether there was such a likelihood, disregard any injury to D and any damage to the vehicle. (8) In this section, and in sections 3A, 6C(1), 6D and 10, “specified” means specified in regulations made— (a) by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales; (b) by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland. (9) A limit specified under subsection (2) may be zero.

• (2) In section 11 of the 1988 Act (interpretation of sections 3A to 10), in subsection (2)—

• (a) before the definition of “drug” insert—

“controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971,

;

• (b) at the end insert—

“specified”, in relation to a controlled drug, has the meaning given by section 5A(8)

.

• (3) In section 195 of the 1988 Act (provisions as to regulations), in subsection (3), and in subsections (4) and (4A) (regulations subject to affirmative resolution procedure), before “8(3)” insert “ 5A, ”.

• (4) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), after the entry beginning “RTA section 5(1)(b)” insert—

RTA section 5A(1)(a) and (2)	Driving or attempting to drive with concentration of specified controlled drug above specified limit.	Summarily.	On conviction in England and Wales: 51 weeks or level 5 on the standard scale or both. On conviction in Scotland: 6 months or level 5 on the standard scale or both.	Obligatory.	Obligatory.	3-11
RTA section 5A(1)(b) and (2)	Being in charge of a motor vehicle with concen-tration of specified controlled drug above specified limit.	Summarily.	On conviction in England and Wales: 51 weeks or level 4 on the standard scale or both. On conviction in Scotland: 3 months or level 4 on the standard scale or both.	Discretionary.	Obligatory.	10

.

• (5) In the entry inserted by subsection (4) beginning “RTA section 5A(1)(a) and (2)”, in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction in England and Wales) is to be read as a reference to 6 months.

• (6) In the entry inserted by subsection (4) beginning “RTA section 5A(1)(b) and (2)”, in relation to an offence committed before the commencement of section 280(2) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction in England and Wales) is to be read as a reference to 3 months.

• (7) Schedule 22 (drugs and driving: minor and consequential amendments) has effect.

Public order

Public order offences

57

• (1) The Public Order Act 1986 is amended as follows.

• (2) In section 5(1) (harassment, alarm or distress) for “, abusive or insulting” in the two places where it occurs substitute “ or abusive ”.

• (3) In section 6(4) (mental element: miscellaneous) for “, abusive or insulting” in the two places where it occurs substitute “ or abusive ”.

General

Orders and regulations

58

• (1) Orders and regulations made by the Secretary of State or Lord Chancellor under this Act are to be made by statutory instrument.

• (2) An order made by the Secretary of State under section 2 is subject to super-affirmative procedure.

• (3) Schedule 23 (super-affirmative procedure) has effect.

• (4) The Secretary of State or Lord Chancellor may not make a statutory instrument containing any of the following (whether or not also containing other provisions) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

• (a) an order under paragraph 33 or 34 of Schedule 3;

• (b) regulations under paragraph 5 of Schedule 5;

• (c) an order under paragraph 27 or 28 of Schedule 5 which amends or repeals any provision of primary legislation;

• (d) an order under section 13;

• (e) an order under paragraph (p) of the definition of “permitted purpose” in section 16(1);

• (f) an order under paragraph 87 of Schedule 13;

• (g) an order under section 32(1);

• (h) an order under paragraph 3(1)(c) or 31 of Schedule 17;

• (i) regulations under section 47;

• (j) an order under section 59 which amends or repeals any provision of primary legislation;

• (k) an order under section 61 bringing anything in Part 4 of Schedule 16 into force or bringing section 44 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 61(8) or (9);

• (l) an order under paragraph 5 of Schedule 24.

• (5) A 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 or repeal any provision of primary legislation;

• (c) regulations under paragraph 5 of Schedule 6;

• (d) regulations under section 14;

• (e) an order under section 59 which does not amend or repeal any provision of primary legislation;

• (f) an order under paragraph 1, 2, 3 or 4 of Schedule 24;

• (g) an order under Schedule 25.

• (6) Subsection (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 reliance 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 on 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 of 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 (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 Chancellor, 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) In this section—

• “primary legislation” means—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, orNorthern Ireland legislation;

• “super-affirmative procedure” means the procedure provided for by Schedule 23.

Consequential amendments

59

• (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) The 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 National Assembly for Wales and Northern Ireland legislation.

Transitional, transitory or saving provision

60

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

• (b) where Part 4 of Schedule 16 and section 44 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 under section 61(9).

Short title, commencement and extent

61

• (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 purposes and, in the case of Part 4 of Schedule 16 and section 44 so far as relating to that Part of that Schedule, for different areas.

• (3) Sections 17, 20 to 30 and 32 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) Subsection (3) does not apply to—

• (a) Part 5 of Schedule 13, or section 20 so far as relating to that Part;

• (b) section 26(2).

• (5) Section 19 comes into force on the day after the day on which this Act is passed.

• (6) Sections 26(2), 31 and 33 come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (7) Sections 34 to 39 come into force at the end of the period of one year beginning with the day on which a body is established by Royal Charter with the purpose of carrying on activities relating to the recognition of independent regulators of relevant publishers (as defined by section 41).

• (8) 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 (9) “the monitoring provisions” means Part 4 of Schedule 16, and section 44 so far as relating to that Part of that Schedule.

• (9) An order containing the provision permitted by subsection (8) 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.

• (10) An order which includes provision for the commencement of section 49 or Schedule 19 may not be made unless the Secretary of State has consulted the Scottish Ministers.

• (11) The following come into force on the day on which this Act is passed—

• (a) Part 5 of Schedule 13, and section 20 so far as relating to that Part;

• (b) section 43;

• (c) section 48 (except subsection (6)(a));

• (d) Part 2 of Schedule 18;

• (e) sections 58 to 60 and this section;

• (f) Schedules 24 and 25.

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

• (13) The following extend to England and Wales only—

• (a) section 24;

• (b) section 32;

• (c) section 33;

• (d) sections 34 to 42;

• (e) paragraph 30 of Schedule 16 and section 44 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;

• (f) the 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;

• (g) paragraphs 1 to 31 and 39 of Schedule 17, and section 45 so far as relating to those paragraphs.

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (15) Except as provided by subsections (13) ..., an amendment, repeal or revocation has the same extent as the provision amended, repealed or revoked (ignoring extent by virtue of an Order in Council).

• (16) Subsection (15) applies to section 43 only so far as the provisions amended extend to England and Wales or apply in relation to service offences.

• (17) Subsection (15) does not apply to amendments made by section 27(13) and (14) or 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).

• (18) This section is subject to Schedule 24 (the NCA: Northern Ireland).

• (19) This section is subject to Schedule 25 (proceeds of crime provisions: Northern Ireland).

• (20) Her Majesty may by Order in Council provide for any provision of section 51, 52, 53 or 54 to extend, with or without modifications, to—

• (a) any of the Channel Islands, or

• (b) the Isle of Man.

• (21) Her Majesty may by Order in Council provide for provisions of Part 8 of Schedule 16 (amendments of Armed Forces Act 2006) to extend, with or without modifications, to—

• (a) any of the Channel Islands,

• (b) the Isle of Man, or

• (c) any of the British overseas territories.

• (22) 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 amendment of that Act that is made by or under this Act.

• (23) The power conferred by section 52(2) of the Civil Jurisdiction and Judgments Act 1982 (power to extend to Channel Islands, Isle of Man and British overseas territories) is exercisable in relation to any amendment of that Act that is made by or under this Act.

SCHEDULE 1

Part 1 — The 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 discharged 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) After 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) This 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.

Activities 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.

Activities 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) In 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 procurator 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) The 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 State 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) The 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 provide 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 Director General.