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

articles Not indexed

Reform history JSON API

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

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

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

(b) because of misconduct by the Director General.

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

(3) The Secretary of State must consult—

(a) the Scottish Ministers, and

(b) the Department of Justice in Northern Ireland.

(4) The Secretary of State must—

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

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

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

Selection of other NCA officers for appointment

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

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

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

Delegation of Director General’s functions

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

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

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

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

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

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

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

Continuity

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

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

Persons with operational powers who become NCA officers

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

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

(b) but is revived if the person—

(i) ceases to be an NCA officer, and

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

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

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

Secondments to NCA

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

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

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

Secondments by NCA

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

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

NCA specials

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

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

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

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

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

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

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

(5) The Director General—

(a) may designate an NCA special under section 10 as a person having the powers and privileges of a constable; but

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

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

(7) The Director General may not—

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

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

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

(9) The no-strike provisions in section 13 do not apply in relation to NCA specials.

(10) No determination under regulations under section 14 may be made in relation to the pay and allowances and other terms and conditions of employment of NCA specials.

(11) If a person is both—

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

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

none of the operational powers which the person has as an NCA special are exercisable at any time when the person is exercising any power or privilege which the person has as a special constable or as a member of the Police Service of Northern Ireland Reserve.

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

SCHEDULE 2

Part 1 — The framework document

The document

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

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

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

(2) Section 6(2) makes further provision about what may be included in the framework document.

Duty to issue document

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The Secretary of State must—

(a) issue the framework document;

(b) keep the framework document under review; and

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

Duty to have regard to document

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

Role of Director General

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(1) The Secretary of State must—

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

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

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

Consultation with devolved administrations

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The Secretary of State must consult—

(a) the Scottish Ministers, and

(b) the Department of Justice in Northern Ireland,

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

Publication & distribution

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

(2) The Secretary of State must—

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

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

(i) the Scottish Ministers, and

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

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

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

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

Part 2 — The annual report

Duty to issue report

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

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

Publication & distribution

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(1) The Director General must—

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

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

(i) the strategic partners, and

(ii) the Secretary of State.

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

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

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

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

SCHEDULE 3

Part 1 — Co-operation

Duty to co-operate

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

(2) It is the duty of—

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

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

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

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

(a) constables in UK police forces;

(b) officers of Revenue and Customs;

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

(e) members of the Serious Fraud Office;

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

Co-operation arrangements

2

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

Part 2 — Exchange of information

Duty to keep NCA informed & disclose information: police forces

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

(a) the crime-reduction function,

(b) the criminal intelligence function, or

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

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

Duty to keep police forces informed

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

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

Duty to keep NCA informed: government bodies

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

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

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

(i) the crime-reduction function,

(ii) the criminal intelligence function, or

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

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

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

(4) This paragraph does not require the Director of the Serious Fraud Office to keep the Director General informed of, or to disclose to the NCA, any information obtained under section 2(2) or (3) of the Criminal Justice Act 1987 (information which the Director of the SFO may require a person to produce etc).

Duty to keep government bodies informed

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

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

Meaning of “specified body” & “relevant function”

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In paragraphs 5 and 6—

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

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

Part 3 — Assistance within the UK

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

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(1) The Director General may provide assistance to—

(a) a UK police force, or

(b) an Island police force;

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

(2) The Director General may provide assistance to—

(a) a UK law enforcement agency, or

(b) an Island law enforcement agency,

if the agency requests assistance to be provided.

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

(4) A request under this paragraph must—

(a) state the special need for assistance, and

(b) specify the assistance that is wanted.

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

Voluntary assistance to NCA: the UK

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

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

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

(4) A request under this paragraph must—

(a) state the special need for assistance, and

(b) specify the assistance that is wanted.

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

Directed assistance by NCA: England and Wales police etc

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

(a) an England and Wales police force,

(b) a special police force,

(d) the Director of the Serious Fraud Office;

(e) the Director of Border Revenue;

(f) any other person operating—

(i) in England, or

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

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

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

Directed assistance to NCA: England and Wales police etc

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

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

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

(d) the Director of the Serious Fraud Office;

(e) the Director of Border Revenue.

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

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

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

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

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

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

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

Directed assistance by NCA: Scotland

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

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

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

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

Directed assistance to NCA: Scotland

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

Directed assistance by NCA: Northern Ireland

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

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

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

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

Directed assistance to NCA: Northern Ireland

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

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

(a) the Northern Ireland Policing Board, and

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

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

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

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

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

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

Voluntary or directed assistance: particular assistance that may be provided

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

(a) equipment;

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

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

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

(3) In this paragraph—

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

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

Voluntary or directed assistance: control of individuals provided for assistance

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

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

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

(2) That rule applies despite anything contained in—

(a) any other enactment, or

(b) any agreement made under any other enactment.

(3) In this paragraph “individual” includes—

(a) an NCA officer;

(b) a constable;

Part 4 — Use of police facilities etc by NCA

Voluntary arrangements: police forces outside London

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

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

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

(b) the chief constable of that police force.

Voluntary arrangements: the metropolitan police force

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

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

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

(b) the Commissioner of Police of the Metropolis.

Voluntary arrangements: the City of London police force

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

Voluntary arrangements: immigration or customs facilities

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

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

(3) In this paragraph—

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

“immigration facilities” means facilities provided in connection with the exercise of—functions of the Secretary of State relating to immigration, asylum or nationality, orfunctions of an immigration officer;

“relevant person” means—the Secretary of State, orthe Director of Border Revenue.

Directed arrangements: England and Wales police forces

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

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

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

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

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

(a) the Director General, and

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

Voluntary arrangements: Police Service of Northern Ireland

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

Directed arrangements: Police Service of Northern Ireland

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

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

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

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

Arrangements: terms, variation and termination

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

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

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

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

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

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

Consultation before direction

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

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

(b) consider any representations made by P.

Facilities

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In this Part of this Schedule “facilities” means—

(a) premises,

(b) equipment, and

Part 5 — Payment for tasks, assistance or facilities

Payments by Director General

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

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

(i) in response to a request under section 5, or

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

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

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

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

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

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

(a) that agency performs a task in response to a request under section 5;

(b) that agency provides the NCA with assistance—

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

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

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

Payments by police

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

(a) the Director General performs a task in response to a request by the chief officer of that police force under section 5; or

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

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

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

Payments by law enforcement agencies

31

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

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

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

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

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

The “appropriate amount”

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

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

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

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

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

(4) In this paragraph—

“Northern Ireland body” means—the Police Service of Northern Ireland,a Northern Ireland department, andany other person operating in Northern Ireland, and not operating in any other part of the United Kingdom, charged with the duty of investigating or prosecuting offences;

“Scottish body” means—the Scottish Police Authority,the Scottish Administration, andany other person operating in Scotland, and not operating in any other part of the United Kingdom, charged with the duty of investigating or prosecuting offences.

Part 6 — General

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

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(1) The Secretary of State may, by order, amend section 5 or paragraph 11 of this Schedule by making any of the following kinds of provision—

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

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

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

(ii) a person within a category of persons so added;

(d) provision removing a requirement for consent imposed by virtue of sub-paragraph (b).

(2) But the Secretary of State may not add any of the following to the relevant list—

(a) the Commissioners for Her Majesty's Revenue and Customs;

(b) the Chief Constable of the Police Service of Scotland;

(d) the Chief Constable of the Police Service of Northern Ireland;

(e) any person operating only in Northern Ireland.

(3) Before making an order under this paragraph which adds a person or category of persons to the relevant list, the Secretary of State must consult that person or the persons within that category.

(4) In this paragraph “relevant list” means—

(a) in relation to section 5, the list of persons in subsection (5) to whom the Director General may give directions, or

(b) in relation to paragraph 11 of this Schedule, the list of persons in sub-paragraph (1) to whom the Director General may give directions.

Duty to provide information etc: power to amend specified bodies etc

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(1) The Secretary of State may, by order, amend paragraph 7 of this Schedule by making any of the following kinds of provision—

(a) provision adding a person to the specified bodies in the relevant table;

(b) provision specifying in the relevant table one or more relevant functions in relation to—

(i) the Secretary of State, or

(ii) a person added to the specified bodies by virtue of sub-paragraph (a);

(2) But the Secretary of State may not add any of the following to the specified bodies—

(a) a person operating only in Scotland;

(b) a person operating only in Northern Ireland.

(3) Before making provision under this paragraph which adds a person to the specified bodies, the Secretary of State must consult that person.

(4) In this paragraph “relevant table” means the table in paragraph 7.

Directions

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(1) A person given a direction under this Schedule must comply with it.

(2) A direction under this Schedule may not relate to the prosecution functions of any person.

Interpretation

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In this Schedule—

“fundholding body” means—the policing body (in relation to any UK police force other than the Police Service of Northern Ireland);the Police Service of Northern Ireland (in relation to that Police Service);

“specified”, in relation to a direction under any provision of this Schedule, means specified in the direction.

SCHEDULE 4

Regulations as to equipment

1

(1) The Secretary of State may make regulations requiring equipment used by the NCA to satisfy such requirements as to design and performance as may be prescribed by the regulations.

(2) The Secretary of State may, by regulations, make any of the following kinds of provision—

(a) provision requiring the NCA, when using equipment for the purposes specified in the regulations, to use only—

(i) the equipment which is specified in the regulations,

(ii) equipment which is of a description so specified, or

(iii) equipment which is of a type approved by the Secretary of State in accordance with the regulations;

(b) provision prohibiting the NCA from using equipment of a type approved as mentioned in sub-paragraph (a)(iii) except—

(i) where the conditions subject to which the approval was given are satisfied, and

(ii) in accordance with the other terms of that approval;

(c) provision requiring equipment used by the NCA to comply with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;

(d) provision prohibiting the NCA from using equipment specified in the regulations, or any equipment of a description so specified.

(3) Before making regulations under this section, the Secretary of State must consult—

(a) the Director General, and

(b) such other persons as the Secretary of State considers appropriate.

(4) In this paragraph “equipment” includes—

(a) vehicles, and

(b) headgear and protective and other clothing.

Liability of NCA for unlawful acts

2

(1) In any of the following cases, the NCA is liable in respect of unlawful conduct of a person in the same manner as an employer is liable in respect of unlawful conduct of employees in the course of their employment.

(2) The first case is where the unlawful conduct is conduct of a constable or other person which occurs when the person is carrying out, or purporting to carry out, functions whilst—

(a) seconded to the NCA to serve as an NCA officer, or

(b) provided for the assistance of the NCA under Part 3 of Schedule 3.

(3) The second case is where the unlawful conduct is conduct of a person (other than an NCA officer) who is a member of an NCA-led international joint investigation team which occurs when the person is carrying out, or purporting to carry out, functions as a member of the team.

(4) The third case is where the unlawful conduct is conduct of a person carrying out surveillance under section 76A of the Regulation of Investigatory Powers Act 2000 (foreign surveillance operations).

(5) If (in any of those cases) the unlawful conduct is a tort, the NCA is accordingly to be treated as a joint tortfeasor.

(6) If—

(a) the NCA pays a sum by virtue of this paragraph, and

(b) the Secretary of State receives under any international agreement a sum by way of reimbursement (in whole or in part) of the sum paid by the NCA,

the Secretary of State must pay to the NCA the sum received by way of reimbursement.

(7) This paragraph does not affect the liability of the NCA for the conduct of NCA officers.

(8) References in this paragraph to unlawful conduct by a person include references to unlawful conduct by a person in reliance, or purported reliance, on a designation under section 9 or 10.

Assaults or obstruction in connection with joint investigation teams

3

(1) A person commits an offence if the person assaults a member of an NCA-led international joint investigation team who is carrying out functions as a member of the team.

(2) A person guilty of that offence is liable on summary conviction to either or both of the following—

(a) imprisonment for a term not exceeding—

(i) 51 weeks on conviction in England and Wales;

(ii) 12 months on conviction in Scotland;

(iii) 6 months on conviction in Northern Ireland;

(b) a fine not exceeding level 5 on the standard scale.

(3) A person commits an offence if the person resists or wilfully obstructs a member of an NCA-led international joint investigation team who is carrying out functions as a member of that team.

(4) A person guilty of that offence is liable on summary conviction to either or both of the following—

(a) imprisonment for a term not exceeding—

(i) 51 weeks on conviction in England and Wales;

(ii) 12 months on conviction in Scotland;

(iii) 1 month on conviction in Northern Ireland;

(b) a fine not exceeding level 3 on the standard scale.

(5) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences)—

(a) the reference in sub-paragraph (2)(a) to the period of 51 weeks is to be read as a reference to the period of 6 months; and

(b) the reference in sub-paragraph (4)(a) to the period of 51 weeks is to be read as a reference to the period of 1 month.

Application of discrimination legislation to secondees: Northern Ireland

4

(1) An NCA secondee is to be treated, for the purposes of the provisions listed in sub-paragraph (2), as being employed by the NCA as respects any act done by the NCA in relation to that person.

(2) Those provisions are—

(a) Part 2 of the Sex Discrimination (Northern Ireland) Order 1976;

(b) Part 2 of the Disability Discrimination Act 1995;

(d) the Fair Employment and Treatment (Northern Ireland) Order 1998, except Part VII.

(3) For the purposes of the provisions listed in sub-paragraph (4)—

(a) an NCA secondee is to be treated as being employed by the NCA (and as not being employed by any other person); and

(b) anything done by an NCA secondee in the performance, or purported performance, of his functions as an NCA secondee is to be treated as done in the course of that employment.

(4) Those provisions are—

(a) Article 42 of the Sex Discrimination (Northern Ireland) Order 1976;

(b) section 58 of the Disability Discrimination Act 1995;

(d) Article 36 of the Fair Employment and Treatment (Northern Ireland) Order 1998.

(5) In this paragraph “NCA secondee” means any constable or other person who has been seconded to the NCA to serve as an NCA officer.

Interpretation

5

(1) In this Schedule “NCA-led international joint investigation team” means any investigation team which is formed under the leadership of an NCA officer and is formed in accordance with—

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any international agreement to which the United Kingdom is a party and which is specified in an order made by the Secretary of State.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

Part 1 — Director General: Commissioners' powers exercisable under section 9(1)

Powers only exercisable in relation to customs matters

1

If a power of the Commissioners is exercisable both—

(a) in relation to a customs matter, and

(b) in relation to any other matter,

the power is exercisable by the Director General under section 9(1) only in relation to the customs matter.

Powers exercisable under warrant

2

(1) This paragraph applies to an enactment if it provides for the issuing of warrants which authorise the Commissioners to exercise any power in relation to a customs matter.

(2) For the purpose of enabling the Director General to exercise that power in relation to a customs matter, the enactment has effect as if the Director General were one of the Commissioners.

Certain powers of Commissioners not exercisable by Director General

3

The following powers of the Commissioners are not exercisable by the Director General under section 9(1)—

(a) the powers under paragraph 2(1) of Schedule 7 to consent to a disclosure of HMRC information by an NCA officer;

(b) the power under paragraph 2(2) of Schedule 7 to consent to a further disclosure of HMRC information by any person.

Part 2 — Director General: designation under section 9

Advisory panel

4

(1) The Secretary of State must appoint an advisory panel (to enable recommendations to be made as to the operational powers which the Director General should have)—

(a) whenever there is an appointment of a Director General; and

(b) at any other time when the Secretary of State considers that it is appropriate to do so.

(2) But that duty is subject to regulations under paragraph 5.

(3) An advisory panel is to consist of—

(a) a person to chair the panel, who must not be a civil servant; and

(b) an appropriate number of other members (the “expert members”) who, when taken together, have appropriate knowledge of the following matters—

(i) the training of constables in England and Wales police forces;

(ii) the training of officers of Revenue and Customs and general customs officials to exercise powers in relation to customs matters;

(iii) the training of immigration officers;

(iv) the training of NCA officers.

(4) The expert members of the advisory panel must—

(a) consider the question of the adequacy of the Director General's training, and

(b) give the panel's chair such information in respect of their consideration of that question as the chair may require.

(5) The panel's chair must then—

(a) consider the information given by the expert members,

(b) decide the question of the adequacy of the Director General's training, and

(6) The report must not recommend that the Director General should have a particular operational power unless the panel's chair has decided that the Director General has received adequate training in respect of that power.

(7) That process for producing a report is to be conducted in accordance with the terms of appointment of the advisory panel (which may include terms about the particular operational powers in respect of which the question of the adequacy of the Director General's training is to be considered).

(8) A reference in this paragraph to the question of the adequacy of the Director General's training is a reference to—

(a) which operational powers the Director General has received adequate training in respect of, and

(b) which operational powers the Director General has not received adequate training in respect of.

(9) In this paragraph—

“adequate training”, in relation to a particular operational power, means training that is adequate to enable that power to be properly exercised;

“appropriate” means appropriate in the Secretary of State's view;

“report” means a report for the purposes of section 9 containing recommendations as to the operational powers which the Director General should have.

No advisory panel

5

(1) The Secretary of State may, by regulations, make provision about the circumstances in which the Director General may be designated as a person having operational powers otherwise than on recommendations made in accordance with paragraph 4.

(2) Regulations under this paragraph may, in particular, provide that the Secretary of State must designate the Director General as a person having particular operational powers if specified conditions are met.

(3) Those conditions may, in particular, relate to training received by a person before appointment as the Director General.

(4) In this paragraph “specified” means specified in regulations under this paragraph.

Part 3 — Further provision about designations under section 9 or 10

Limitations in designation

6

(1) A designation may be made subject to any limitations specified in the designation.

(2) In particular, a designation may include—

(a) limitations on which operational powers the designated officer has;

(b) limitations on the purposes for which the designated officer may exercise operational powers which the person has.

Duration of designation

7

(1) A designation has effect without limitation of time, unless the designation specifies a period for which it is to have effect.

(2) But that is subject to any modification or withdrawal of the designation.

NCA officers having operational powers from another office

8

(1) The Director General or any other NCA officer may be designated as a person having operational powers whether or not that person already has, or previously had, any such powers.

(2) But see paragraph 12 of Schedule 1 for provision about persons who already have operational powers upon becoming NCA officers.

(3) If a person is both—

(a) an NCA officer designated as a person having operational powers, and

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

none of the operational powers which the person has as an NCA officer are exercisable at any time when the person is exercising any power or privilege which the person has as a special constable or as a member of the Police Service of Northern Ireland Reserve.

Evidence of designation

9

(1) A designated officer must produce evidence of the designation if—

(a) the officer exercises, or purports to exercise, any operational power in relation to another person in reliance on the designation, and

(b) the other person requests the officer to produce such evidence.

(2) If the designated officer fails to produce such evidence, that failure does not make the exercise of the operational power invalid.

Part 4 — Designations: powers and privileges of constables

The Director General

10

(1) If the Director General is designated as a person having the powers and privileges of a constable, the Director General has—

(a) in England and Wales and the adjacent United Kingdom waters, all the powers and privileges of an English and Welsh constable; and

(b) outside the United Kingdom and the United Kingdom waters, all the powers and privileges of a constable that are exercisable overseas.

(2) But that is subject to any limitations included in the designation.

Other NCA officers

11

(1) If an NCA officer (other than the Director General) is designated as a person having the powers and privileges of a constable, the NCA officer has—

(a) in England and Wales and the adjacent United Kingdom waters, all the powers and privileges of an English and Welsh constable;

(b) in Scotland and the adjacent United Kingdom waters, all the powers and privileges of a Scottish constable;

(c) in Northern Ireland and the adjacent United Kingdom waters, all the powers and privileges of a Northern Ireland constable; and

(d) outside the United Kingdom and the United Kingdom waters, all the powers and privileges of a constable that are exercisable overseas.

(2) But that is subject to—

(a) any limitations included in the designation; and

(b) sub-paragraphs (3) and (6).

(3) An NCA officer may only exercise the powers and privileges of a Scottish constable in one or other of the following cases.

(4) The first case is where—

(a) a Scottish general authorisation is in force, and

(b) the powers and privileges are exercised in accordance with that authorisation.

(5) The second case is where—

(a) a Scottish operational authorisation is in force in relation to a particular operation, and

(b) the powers and privileges are exercised—

(i) in connection with that operation, and

(ii) in accordance with that authorisation.

(6) An NCA officer may only exercise the powers and privileges of a Northern Ireland constable if—

(a) a Northern Ireland general authorisation is in force,

(b) the powers and privileges are exercised in accordance with that authorisation, and

(i) the NCA officer exercises the powers and privileges with the agreement of the Chief Constable of the Police Service of Northern Ireland;

(ii) the NCA officer exercises the powers and privileges in relation to the conduct of a police officer.

(7) The Chief Constable may arrange for a member of the Police Service of Northern Ireland at the rank of Superintendent or above to give agreement for the purposes of sub-paragraph (6)(c)(i) (whether in all cases or in cases specified in the arrangements).

(9) In this paragraph—

“Northern Ireland general authorisation” means an agreement between—the Director General, andthe Department of Justice in Northern Ireland,about the exercise of the powers and privileges of Northern Ireland constables by NCA officers;

“Scottish general authorisation” means an agreement between—the Director General, andthe Scottish Ministers,about the exercise of the powers and privileges of Scottish constables by NCA officers;

“Scottish operational authorisation” means an agreement between—the Director General, andan officer in the Police Service of Scotland who is at or above the rank of Assistant Chief Constable,about the exercise of the powers and privileges of Scottish constables by NCA officers in connection with a particular operation.

Application of territorial restrictions

12

Any power or privilege of a constable is, when exercisable by the Director General or any other NCA officer, subject to any territorial restrictions on its exercise to which it is subject when exercisable by a constable.

Powers exercisable under warrant

13

(1) This paragraph applies to an enactment if it provides for the issuing of warrants which authorise a constable to exercise any power or privilege of a constable.

(2) For the purpose of enabling a designated officer to exercise that power or privilege, the enactment has effect as if the designated officer were a constable.

Direction and control of NCA officers exercising powers in Scotland

14

When exercising the function of direction and control of the NCA in relation to the exercise by NCA officers of the powers and privileges of Scottish constables, the Director General must comply with any instruction given by the Lord Advocate or procurator fiscal in relation to the investigation of offences.

Employment law

15

(1) An NCA officer who is designated as having the powers and privileges of a constable is not to be regarded, by virtue of having those powers and privileges, as in police service for the purposes of any provision of the relevant employment legislation.

(2) In this paragraph “relevant employment legislation” means—

(a) the Trade Union and Labour Relations (Consolidation) Act 1992;

(b) the Employment Rights Act 1996;

(d) the Employment Rights (Northern Ireland) Order 1996.

Part 5 — Designations: powers of officers of Revenue and Customs

NCA officers

16

(1) If an NCA officer is designated as a person having the powers of an officer of Revenue and Customs, the NCA officer has, in relation to any customs matter, the same powers as an officer of Revenue and Customs would have.

(2) But that is subject to any limitations included in the designation.

Powers only exercisable in relation to customs matters

17

If a power of an officer of Revenue and Customs is exercisable both—

(a) in relation to a customs matter, and

(b) in relation to any other matter,

the power is exercisable by a designated officer only in relation to the customs matter.

Powers exercisable under warrant

18

(1) This paragraph applies to an enactment if it provides for the issuing of warrants which authorise an officer of Revenue and Customs to exercise any power in relation to a customs matter.

(2) For the purpose of enabling a designated officer to exercise that power in relation to a customs matter, the enactment has effect as if the designated officer were an officer of Revenue and Customs.

Part 6 — Designations: powers of immigration officers

NCA officers

19

(1) If an NCA officer is designated as a person having the powers of an immigration officer, the NCA officer has, in relation to any relevant matter, the same powers as an immigration officer would have.

(2) But that is subject to any limitation included in the designation.

(3) In this paragraph “relevant matter”, in relation to a particular power of an immigration officer, means a matter in relation to which that power may be exercised.

Powers exercisable under warrant

20

(1) This paragraph applies to an enactment if it provides for the issuing of warrants which authorise an immigration officer to exercise any power of an immigration officer.

(2) For the purpose of enabling a designated officer to exercise that power or privilege, the enactment has effect as if the designated officer were an immigration officer.

Part 7 — Offences relating to designations

Resistance or wilful obstruction of designated officers etc

21

(1) A person commits an offence if the person resists or wilfully obstructs—

(a) a designated officer acting in the exercise of an operational power, or

(b) a person who is assisting a designated officer in the exercise of such a power.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

(a) imprisonment for a term not exceeding—

(i) 51 weeks on conviction in England and Wales;

(ii) 12 months on conviction in Scotland;

(iii) 1 month on conviction in Northern Ireland;

(b) a fine not exceeding level 3 on the standard scale.

Assault on designated officers etc

22

(1) A person commits an offence if the person assaults—

(a) a designated officer acting in the exercise of an operational power, or

(b) a person who is assisting a designated officer in the exercise of such a power.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

(a) imprisonment for a term not exceeding—

(i) 51 weeks on conviction in England and Wales;

(ii) 12 months on conviction in Scotland;

(iii) 6 months on conviction in Northern Ireland;

(b) a fine not exceeding level 5 on the standard scale.

Impersonation of designated officer etc

23

(1) A person commits an offence if, with intent to deceive—

(a) the person impersonates a designated officer,

(b) the person makes any statement or does any act calculated falsely to suggest that the person is a designated officer, or

(c) the person makes any statement or does any act calculated falsely to suggest that the person has powers as a designated officer that exceed the powers the person actually has.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

(a) imprisonment for a term not exceeding—

(i) 51 weeks on conviction in England and Wales;

(ii) 12 months on conviction in Scotland;

(iii) 6 months on conviction in Northern Ireland;

(b) a fine not exceeding level 5 on the standard scale.

Transitional provision relating to offences

24

In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences)—

(a) the reference in paragraph 21(2)(a)(i) to the period of 51 weeks is to be read as a reference to the period of 1 month;

(b) the references in paragraphs 22(2)(a)(i) and 23(2)(a)(i) to the period of 51 weeks are to be read as references to the period of 6 months.

Part 8 — General

Payment of revenue to the Commissioners

25

(1) The Director General must pay to the Commissioners any money received by way of proceeds of forfeitures—

(a) by the Director General in the exercise of any power of the Commissioners, or

(b) by the Director General or any other NCA officer in the exercise of any power of an officer of Revenue and Customs.

(2) In this section “proceeds of forfeitures” means—

(a) the proceeds of forfeitures made under the customs and excise Acts (within the meaning of section 1 of the Customs and Excise Management Act 1979), and

(b) a sum paid, or the proceeds of sale, under paragraph 16 of Schedule 3 to that Act.

Modification of references

26

If, in accordance with section 9(1) or any provision of this Schedule—

(a) a power of the Commissioners is exercisable by the Director General, a reference to the Commissioners in any enactment which relates to that power is to be taken to be, or to include, a reference to the Director General;

(b) a power or privilege of a constable is exercisable by any NCA officer, a reference to a constable in any enactment which relates to that power or privilege is to be taken to be, or to include, a reference to any NCA officer by whom that power or privilege is exercisable;

(c) a power of an officer of Revenue and Customs is exercisable by any NCA officer, a reference to an officer of Revenue and Customs in any enactment which relates to that power is to be taken to be, or to include, a reference to any NCA officer by whom that power is exercisable;

(ca) a power of a general customs official is exercisable by any NCA officer, a reference to a general customs official in any enactment which relates to that power is to be taken to be, or to include, a reference to any NCA officer by whom that power is exercisable;

(d) a power of an immigration officer is exercisable by any NCA officer, a reference to an immigration officer in any enactment which relates to that power is to be taken to be, or to include, a reference to any NCA officer by whom that power is exercisable.

Power to make further provision

27

(1) The relevant national authority may, by order, make such provision as that authority considers appropriate in consequence of—

(a) the Director General having the powers of the Commissioners under section 9(1), or

(b) designated officers having operational powers.

(2) An order under this paragraph may, in particular—

(a) provide for the Director General or designated officers to benefit from exemptions or other protection in respect of the exercise of operational powers;

(b) provide for the disclosure of information to, or the doing of other things in relation to, the Director General or designated officers;

(d) provide for a class of NCA officers (whether identified by reference to a grade or pay scale or otherwise) to be treated as the equivalent of—

(i) one or more ranks in a UK police force;

(ii) one or more grades of, or pay scales applicable to, officers of Revenue and Customs;

(iia) one or more grades of, or pay scales applicable to, general customs officials;

(iii) one or more grades of, or pay scales applicable to, immigration officers.

(3) In this paragraph “designated officers” includes a description of such officers.

Functions of third parties relating to constables etc: extension to NCA

28

(1) The relevant national authority may, by order, provide for a relevant function of a person to be exercisable by that person in relation to—

(a) the NCA,

(b) the Director General, or

(2) In this paragraph “relevant function” means a function exercisable by any person in relation to—

(a) a constable,

(b) a UK police force,

(ca) a general customs official,

(d) the Commissioners, or

(e) an immigration officer.

General provision about orders

29

(1) The power to make an order under paragraph 27 or 28 may, in particular, be exercised by—

(a) amending, repealing, revoking or otherwise modifying any provision made by or under an enactment, or

(b) applying an enactment (with or without modifications).

(2) The Secretary of State must consult—

(a) the Commissioners before exercising the power conferred by paragraph 27 or 28 in relation to an enactment which (expressly or otherwise) confers any function on the Commissioners or an officer of Revenue and Customs;

(b) the Scottish Ministers before exercising the power conferred by paragraph 27 or 28 in relation to an enactment which extends to Scotland;

(c) the Department of Justice in Northern Ireland before exercising the power conferred by paragraph 27 or 28 in relation to an enactment which extends to Northern Ireland.

(3) In this paragraph “enactment” includes a description of enactments.

Interpretation

30

In this Schedule—

“Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

“designated officer” means the Director General or any other NCA officer if designated as having operational powers;

“designation” means—a designation of the Director General under section 9, ora designation of any other NCA officer under section 10;and “designated” and cognate expressions are to be construed accordingly;

“limitation” means a limitation included in a designation under paragraph 6;

“Northern Ireland devolved provision”, in relation to provision of an order under this Schedule, means provision which would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Northern Ireland Assembly;

“powers and privileges of a constable that are exercisable overseas” means the powers and privileges of a constable if, and to the extent that, they are exercisable outside the United Kingdom and the United Kingdom waters;

“powers and privileges of an English and Welsh constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in England and Wales or the adjacent United Kingdom waters;

“powers and privileges of a Northern Ireland constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Northern Ireland or the adjacent United Kingdom waters;

“powers and privileges of a Scottish constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Scotland or the adjacent United Kingdom waters;

“relevant national authority”, in relation to a power to make an order under this Schedule, means—the Secretary of State, except in relation to Scottish devolved provision and Northern Ireland devolved provision;the Scottish Ministers, in relation to Scottish devolved provision;the Department of Justice in Northern Ireland, in relation to Northern Ireland devolved provision;

“Scottish devolved provision”, in relation to provision of an order under this Schedule, means provision that would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament, except for any provision of the kind referred to in paragraph 27 (2)(d);

“United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.

SCHEDULE 6

Part 1 — Inspections

Inspections in Scotland

1

(1) Before making a request for an inspection that would fall to be carried out wholly or partly in Scotland, the Secretary of State must consult the Scottish Ministers.

(2) HMIC may carry out an inspection jointly with the Scottish inspectors—

(a) if it is carried out wholly in Scotland, or

(b) in a case where it is carried out partly in Scotland, to the extent that it is carried out there.

(3) Before deciding whether or not to carry out such an inspection jointly with the Scottish inspectors, HMIC must consult the Scottish inspectors.

Inspections in Northern Ireland

2

Before making a request for an inspection that would fall to be carried out wholly or partly in Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland.

Publication of HMIC reports

3

(1) The Secretary of State must arrange for every HMIC report received to be published in such manner as the Secretary of State considers appropriate.

(2) But the Secretary of State may exclude from publication any part of an HMIC report if, in the Secretary of State's opinion, the publication of that part—

(a) would be against the interests of national security,

(b) could prejudice the prevention or detection of crime, the apprehension of offenders, or the prosecution of offences, or

(3) The Secretary of State must send a copy of the published report—

(a) to the NCA; and

(b) if the inspection was carried out wholly or partly in Scotland, to the Scottish Ministers; and

(c) if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

NCA response

4

(1) The Director General must—

(a) prepare comments on each HMIC report as published by the Secretary of State; and

(b) arrange for those comments to be published in such manner as the Director General considers appropriate.

(1A) The comments must be published before the end of the period of 56 days beginning with the day on which the HMIC report is published by the Secretary of State.

(1B) If the HMIC report includes a recommendation, the comments must include an explanation of—

(a) the action the Director General has taken or proposes to take in response to the recommendation, or

(b) why the Director General has not taken, or does not propose to take, any action in response.

(2) The Director General must send a copy of any document published under sub-paragraph (1)(b)—

(a) to the Secretary of State; and

(b) if the inspection was carried out wholly or partly in Scotland, to the Scottish Ministers; and

(c) if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

Disclosure of information

5

(1) The Director General must—

(a) provide to a policing inspectorate such information and documents specified or described in a notification given by the inspectorate to the Director General, and

(b) produce or deliver up to the inspectorate all such evidence and other things so specified or described,

as appear to the inspectorate to be required for the purposes of the exercise of an NCA inspection function.

(2) Anything that the Director General is obliged to provide, produce or deliver up by virtue of a requirement imposed under sub-paragraph (1) must be provided, produced or delivered up in such form and manner, and within such period, as may be specified—

(a) in the notification imposing the requirement, or

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