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Crime and Courts Act 2013

Type Public General Act

Publication 2013-04-25

Last updated 2024-07-24

State In force

Department Statute Law Database

Source legislation.gov.uk

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(b) in any subsequent notification given by the inspectorate to the Director General.

(3) Nothing in this paragraph requires the Director General—

(a) to comply with an obligation imposed under sub-paragraph (1) before the earliest time at which it is practicable to do so, or

(b) to comply at all with any such obligation if it never becomes practicable to do so.

(4) An NCA officer may disclose information to any policing inspectorate for the purposes of the exercise by any policing inspectorate of an NCA inspection function.

(5) The Secretary of State may, by regulations, make—

(a) further provision about the disclosure of information under sub-paragraph (1) or (4);

(b) provision about the further disclosure of information that has been disclosed under sub-paragraph (1) or (4).

(6) Such regulations may, in particular—

(a) modify any provision of Schedule 7 in its application to such a disclosure, or

(b) disapply any such provision from such a disclosure.

Access to premises

6

(1) The Director General must secure that a policing inspectorate is given access to premises occupied for the purposes of the NCA and access to documents and other things on those premises if—

(a) the inspectorate requires such access, and

(b) the requirement is imposed for the purposes of the exercise of an NCA inspection function.

(2) Where there are reasonable grounds for not allowing the inspectorate to have the required access at the time at which the inspectorate seeks to have it, the obligation under sub-paragraph (1) has effect as an obligation to secure that the required access is allowed to the inspectorate at the earliest practicable time specified by the inspectorate after there cease to be any such grounds.

Interpretation

7

In this Part of this Schedule—

“HMIC” means Her Majesty's Inspectors of Constabulary;

“HMIC report” means a report under section 11(3);

“document” means anything in which information of any description is recorded;

“inspection” means an inspection under section 11(1) or (2);

“NCA inspection function” means a function in relation to the inspection of the NCA;

“policing inspectorate” means—HMIC or any person carrying out the functions of the HMIC, andthe Scottish inspectors or any person carrying out the functions of the Scottish inspectors.

“request” means a request under section 11(2) for an inspection;

“Scottish inspectors” means the inspectors of constabulary for which Part 1 of the Police and Fire Reform (Scotland) Act 2012 provides.

Part 2 — Complaints: other amendments

Police Reform Act 2002

8

The Police Reform Act 2002 is amended as follows.

9

(1) Section 10 (general functions of the IPCC) is amended in accordance with this paragraph.

(2) In subsection (1)—

(a) in paragraph (g), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

(b) omit paragraph (h).

(3) In subsection (3), for paragraphs (ba) and (bb) substitute—

(bc) any regulations under section 26C of this Act (the National Crime Agency);

(4) Omit subsection (9).

10

(1) Section 11 (reports to the Secretary of State) is amended in accordance with this paragraph.

(2) In subsection (6)—

(a) omit paragraphs (b) and (e);

(b) after paragraph (e) insert—

(f) to the National Crime Agency.

(3) In subsection (8), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(4) Omit subsection (9A).

(5) In subsection (10)—

(a) omit paragraphs (d) and (h);

(b) in paragraph (g), omit “and”;

; and (i) the National Crime Agency.

11

(1) Section 15 (general duties) is amended in accordance with this section.

(2) In subsection (1A), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3) Omit subsection (1B).

(4) In subsection (3)(c)—

(a) for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

(b) for “member of the staff of that Agency” substitute “ National Crime Agency officer ”.

(5) In subsections (4)(c) and (5)(c), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(6) In subsection (6)—

(a) for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

(b) in paragraph (a), for “member of the staff of the Agency” substitute “ a National Crime Agency officer ”.

(7) In subsection (7), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(8) In subsection (8), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(9) Omit subsection (8A).

(10) In subsection (9)—

(a) in paragraph (a), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”;

(b) in paragraph (b), for “member of the staff of the Agency” substitute “ National Crime Agency officer ”.

(11) In subsection (10), omit paragraph (b) (and the word “and” at the end of paragraph (a)).

12

(1) Section 16 (payment for assistance with investigations) is amended in accordance with this paragraph.

(2) In subsection (5)(a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3) In subsection (6), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

13

Omit section 16A (investigations: NPIA involvement).

14

In section 17, omit subsection (6).

15

Omit sections 26A and 26B (agreements about complaints about the Serious Organised Crime Agency or the National Policing Improvement Agency).

16

In section 29 (interpretation of Part 2), in subsection (3), for paragraphs (b) and (c) substitute—

(ca) a National Crime Agency officer; or

17

(1) Schedule 3 (handling of complaints and conduct matters etc) is amended in accordance with this paragraph.

(2) In paragraph 16(3), for paragraphs (b) and (c) substitute—

(d) a National Crime Agency officer,

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

Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007

18

(1) The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007(the “2007 Order”) is amended in accordance with this paragraph.

(2) In article 2 (interpretation), for paragraph (d) substitute—

(d) NCA” means the National Crime Agency; (e) “NCA officer” means a National Crime Agency officer.

(3) In article 4 (agreements to establish complaints procedures), in paragraph (7)—

(a) omit sub-paragraph (b)(iv);

(b) omit sub-paragraph (c)(iii);

(d) any statement made by a person who is, or has been, an NCA officer about the terms and conditions of their service;

(4) The amendments of the 2007 Order made by section 11 and this Schedule may be amended or revoked as if made in the exercise of the powers under which the 2007 Order was made.

Police (Northern Ireland) Act 1998

19

In section 61 of the Police (Northern Ireland) Act 1998 (reports), in subsection (5)(c), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

SCHEDULE 7

Part 1 — Statutory restrictions

1

(1) This Part of this Act does not authorise or require—

(a) a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions, or

(b) a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(2) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Part 2 — Restrictions on disclosures of particular types of information

HMRC & customs information

2

(1) An NCA officer must not disclose—

(a) HMRC information,

(b) personal customs information, or

unless the relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed—

(a) HMRC information,

(b) personal customs information, or

to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3) In this paragraph—

“HMRC information” means information obtained by the NCA from the Commissioners or a person acting on behalf of the Commissioners;

“personal customs information” and “personal customs revenue information” have the same meanings as in the Borders, Citizenship and Immigration Act 2009 (see section 15(4) of that Act);

“relevant authority” means—the Commissioners or an officer of Revenue and Customs (in the case of a disclosure or further disclosure of HMRC information);the Secretary of State or a designated general customs official (in the case of a disclosure or further disclosure of personal customs information);the Director of Border Revenue or a designated customs revenue official (in the case of a disclosure or further disclosure of personal customs revenue information).

3

(1) An NCA officer must not disclose social security information unless the relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed social security information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3) In this paragraph—

“relevant authority” means—the Secretary of State (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of the Secretary of State);the Department for Social Development in Northern Ireland (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of a Northern Ireland department);

“social security information” means information which, when disclosed to the NCA, was information held for the purposes of any of the following functions of the Secretary of State or a Northern Ireland Department—functions relating to social security, including functions relating to—statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992;maternity allowance under section 35 of that Act;statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;maternity allowance under section 35 of that Act;schemes and arrangements under section 2 of the Employment and Training Act 1973;functions relating to the investigation and prosecution of offences relating to tax credits.

Intelligence service information

4

(1) An NCA officer must not disclose intelligence service information unless the relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed intelligence service information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3) In this paragraph—

“intelligence service” means—the Security Service,the Secret Intelligence Service, orGCHQ (which has the same meaning as in the Intelligence Services Act 1994);

“intelligence service information” means information obtained from an intelligence service or a person acting on behalf of an intelligence service;

“relevant authority” means—the Director-General of the Security Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);the Chief of the Secret Intelligence Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);the Director of GCHQ (in the case of information obtained from GCHQ or a person acting on its behalf).

Arrangements for publishing information

5

The Director General must not disclose information if the disclosure would be in breach of a requirement that is imposed on the Director General by the framework document in accordance with section 6(2).

Part 3 — Restrictions on further disclosures of information

Information generally

6

(1) If an NCA officer has disclosed information to a person (the “original recipient”), that person must not further disclose the information unless—

(a) the disclosure is—

(i) for a purpose connected with any relevant function of the original recipient, or

(ii) otherwise for a permitted purpose, and

(b) the Director General consents to the disclosure.

(2) This paragraph does not apply to a further disclosure of information if—

(a) paragraph 7 or 8 applies, or

(b) the NCA officer's disclosure to the original recipient was a disclosure—

(i) to the Lord Advocate for the purposes of the exercise of the functions of the Lord Advocate under Part 3 of PCA 2002, or

(ii) to the Scottish Ministers for the purposes of the exercise of the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002;

and for provision about the further disclosure of such information, see section 441 of PCA 2002.

(3) In this paragraph “relevant function” means any function of the original recipient for the purposes of which the information was disclosed to that recipient.

Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners

7

(1) This paragraph applies to information disclosed by an NCA officer under section 7(7) to the Commissioners.

(2) The information may be further disclosed by the Commissioners only if the disclosure is—

(a) for a purpose connected with any relevant function of the Commissioners, or

(b) otherwise for a permitted purpose.

(3) The information may be further disclosed by a person other than the Commissioners only if—

(a) the disclosure is—

(i) for a purpose connected with any relevant function of the Commissioners, or

(ii) otherwise for a permitted purpose, and

(b) the Director General consents to the disclosure.

(4) In this paragraph “relevant function” means any function of the Commissioners for the purposes of which the information was disclosed.

Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate

8

Information disclosed by an NCA officer under section 7(7) to the Lord Advocate may be further disclosed only if the disclosure is—

(a) by the Lord Advocate to the Scottish Ministers, and

(b) for the purpose of the exercise by the Scottish Ministers of their functions under Part 5 of PCA 2002.

Part 4 — Published information: no restrictions on further disclosure

9

(1) This paragraph applies where an NCA officer discloses information, in accordance with this Part of this Act, by—

(a) the inclusion of the information in an annual plan, framework document or annual report, or

(b) the publication of the information in accordance with arrangements made under section 6.

(2) None of the relevant restrictions applies to the further disclosure of that information by any person.

(3) In this paragraph “relevant restriction” means any provision of this Part of this Act (however expressed) which prohibits or otherwise restricts the further disclosure of information disclosed by an NCA officer (including a provision which limits the purposes for which such information may be further disclosed or which requires a person's consent to be obtained before the further disclosure).

Part 5 — Offences relating to wrongful disclosure of information

10

(1) An NCA officer commits an offence if—

(a) the NCA officer discloses information, and

(b) that disclosure breaches the duty under—

(i) paragraph 2(1) (disclosure of HMRC information, personal customs information or personal revenue customs information), or

(ii) paragraph 3(1) (disclosure of social security information).

(2) A person commits an offence if—

(a) the person further discloses information, and

(b) that further disclosure breaches the duty under—

(i) paragraph 2(2) (further disclosure of HMRC information, personal customs information or personal revenue customs information), or

(ii) paragraph 3(2) (further disclosure of social security information).

(3) It is a defence for a person charged with an offence under this paragraph to prove that the person reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information disclosed had already and lawfully been made available to the public.

(4) A prosecution for an offence under this paragraph—

(a) may be brought in England and Wales only with the consent of the Director of Public Prosecutions;

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

(5) This paragraph is without prejudice to the pursuit of any remedy or the taking of any action in relation to a breach of a relevant duty.

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

(a) imprisonment for a term not exceeding 2 years;

(b) a fine.

(7) 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) the general limit in a magistrates’ court 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 the statutory maximum.

(8) In relation to an offence committed before 2 May 2022, the reference in sub-paragraph (7)(a)(i) to the period of the general limit in a magistrates’ court is to be read as a reference to the period of 6 months.

Part 6 — General

Consents

11

A consent to disclosure of information under any provision of this Schedule may be given in relation to—

(a) a particular disclosure, or

(b) disclosures made in circumstances specified or described in the consent.

Interpretation

12

In this Schedule—

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

“PCA 2002” means the Proceeds of Crime Act 2002.

SCHEDULE 8

Part 1 — Transitional, transitory and saving provision

Transfer schemes

1

(1) The Secretary of State may make—

(a) one or more staff transfer schemes, and

(b) one or more property transfer schemes.

(2) The Secretary of State may include—

(a) provision under paragraph 2(1)(a)(iv) in a staff transfer scheme, or

(b) provision under paragraph 3(1)(c) in a property transfer scheme,

only if the Secretary of State considers that the provision is appropriate in connection with an order under section 2 (modification of NCA functions).

(3) The Secretary of State must lay before Parliament each staff transfer scheme and each property transfer scheme that is made.

2

(1) A staff transfer scheme is a scheme which provides—

(a) for—

(i) a designated member of the staff of SOCA,

(ii) a designated constable in an England and Wales police force,

(iii) a designated member of the civilian staff of an England and Wales police force, or

(iv) a designated member of the personnel or staff of any other person,

to become an NCA officer and, accordingly, to become employed in the civil service of the state;

(b) for a designated member of the staff of the NPIA to become employed in the civil service of the state—

(i) as an NCA officer, or

(ii) in the Home Office;

(c) so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the designated transferee's employment to have effect as the person's terms and conditions of employment as an NCA officer or in the Home Office;

(d) for the transfer to the NCA or the Secretary of State of the rights, powers, duties and liabilities of the employer under or in connection with the designated transferee's contract of employment;

(e) for anything done (or having effect as if done) before that transfer by or in relation to the employer in respect of such a contract or the designated transferee to be treated as having been done by or in relation to the NCA or the Secretary of State.

(2) A staff transfer scheme may provide for a period before a person became employed in the civil service of the state under a staff transfer scheme to count as a period during which the person was employed in the civil service of the state (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3) A staff transfer scheme may provide for a person who would otherwise become employed in the civil service of the state under a staff transfer scheme not to become so employed if the person gives notice objecting to the operation of the scheme in relation to the person.

(4) A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

(5) A staff transfer scheme may provide for a person to become employed in the civil service of the state despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

(6) A staff transfer scheme may provide for a person's secondment to SOCA or the NPIA to continue as a secondment of that person to the NCA.

(7) In the application of this paragraph to the transfer of a constable—

(a) a reference to employment (other than employment in the civil service of the state) is a reference to service as a constable;

(b) a reference to a contract of employment is a reference to the terms and conditions of service as a constable;

(c) a reference to the employer is a reference to the chief officer of the police force, and the policing body for the police force, in which the constable serves.

3

(1) A property transfer scheme is a scheme providing for the transfer to the NCA of designated property, rights or liabilities from—

(a) SOCA,

(b) the chief officer of, or the policing body for, an England and Wales police force, or

or for the transfer to the NCA or the Secretary of State of designated property, rights or liabilities from the NPIA.

(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b) provide for anything done by or in relation to a transferor in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the NCA or the Secretary of State;

(c) provide for anything done by a transferor which gives rise to criminal liability to be treated as done by the NCA or the Secretary of State and, in such a case, provide that Crown immunity does not affect the criminal liability of the NCA or Secretary of State;

(d) apportion property, rights and liabilities;

(e) make provision about the continuation of legal proceedings.

(3) The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme.

4

(1) A staff transfer scheme or a property transfer scheme may make—

(a) provision for any reference to a transferor in any document or other instrument, contract or legal proceedings to have effect as, or as including, a reference to the NCA or the Secretary of State;

(b) supplementary, incidental, transitional and consequential provision.

(2) A staff transfer scheme may make provision which is the same or similar as provision made by the TUPE regulations (if those regulations do not apply to the transfer).

5

In paragraphs 2 to 4—

“civilian staff”, in relation to an England and Wales police force, means a person employed by the policing body for that force;

“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;

“designated transferee” means a person in respect of whom a staff transfer scheme makes provision of the kind referred to in paragraph 2(1)(a) or (b);

“Home Office” means the department of the Secretary of State having responsibility for policing;

“instrument” includes a designation, authorisation, warrant, or order of any court;

“transferor”, in relation to a staff transfer scheme or a property transfer scheme, means any of the following to which the scheme relates—SOCA;the NPIA;the chief officer of, or the policing body, for an England and Wales police force;any other person;

“TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006.

Continuity in relation to functions

6

(1) The abolition of SOCA or the NPIA does not affect the validity of anything done before the abolition.

(2) The transfer of a function does not affect the validity of anything done before the transfer.

(3) Sub-paragraphs (4) to (6) apply in relation to the transfer of a function.

(4) Where anything—

(a) relates to the transferred function, and

(b) is in the process of being made or done by or in relation to the transferor immediately before the transfer takes effect,

it may be continued afterwards by or in relation to the transferee.

(5) Where anything—

(a) relates to the transferred function,

(b) has been made or done by or in relation to the transferor, and

it has effect afterwards as if made or done by or in relation to the transferee.

(6) The transferee is to be substituted for the transferor in any documents and other instruments, contracts or legal proceedings which—

(a) relate to the transferred function, and

(b) are made or commenced before the transfer takes effect.

(7) The Secretary of State may, by direction, determine any question under this paragraph as to—

(a) whether there has been a transfer of a particular function, or

(b) the person to whom there has been a transfer of a particular function.

(8) The preceding provisions of this paragraph are without prejudice to the powers under section 60 (transitional, transitory or saving provision).

(9) The following provisions of this paragraph apply for the purposes of this paragraph.

(10) A reference to—

(a) the abolition of SOCA includes a reference to the ending of a person's membership of SOCA or membership of the staff of SOCA;

(b) the abolition of the NPIA includes a reference to the ending of a person's membership of the NPIA or membership of the staff of the NPIA.

(11) A reference to the transfer of a function is a reference to—

(a) the transfer of a SOCA function by or under this Act,

(b) the transfer of an NPIA function by or under this Act, and

(12) For that purpose—

(a) the reference to the transfer of a SOCA function or NPIA function by or under this Act includes a reference to a case where—

(i) a SOCA function or NPIA function is abolished, and

(ii) a corresponding function is conferred on another person,

by or under this Act;

(b) the reference to the assumption of a third party function by the NCA is a reference to the case where—

(i) a function (other than a SOCA function or an NPIA function) is exercisable before the changeover by a person (the “third party”),

(ii) a corresponding function is included in the NCA functions, and

(iii) a person employed by, or otherwise serving, the third party wholly or partly for the purpose of the exercise of the function becomes an NCA officer;

and references to the transferred function, the transferor and the transferee are to be read accordingly.

(13) A reference to a thing being, or having been, made or done includes—

(a) a reference to—

(i) a document or other instrument being, or having been, made or otherwise produced,

(ii) a contract being, or having been, agreed, and

(iii) legal proceedings being, or having been, brought; and

(b) a reference to a thing being, or having been, made or done under—

(i) a document or other instrument,

(ii) a contract, or

(iii) legal proceedings.

(14) A reference to a thing which relates to a transferred function includes a reference to a thing made or done for the purposes of, or otherwise in connection with, a transferred function.

(15) These expressions have the meanings given—

“instrument” includes a designation, authorisation, warrant, or order of any court;

“NPIA functions” means functions of—the NPIA,a member of the NPIA, ora member of the staff of the NPIA;

“SOCA functions” means functions of—SOCA,a member of SOCA, ora member of the staff of SOCA.

Continuity in relation to subordinate legislation

7

(1) After the changeover, the subordinate legislation specified in an entry in the first column of the following table—

(a) continues to have effect (subject to any subsequent amendment or revocation) as if made under the powers conferred by the provision of this Act specified in the corresponding entry in the second column; and

(b) may be amended or revoked by (in particular) the exercise of the powers conferred by that provision.

Subordinate legislation	Provision of this Act
The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987)	Paragraphs 27 to 29 of Schedule 5
The International Joint Investigation Teams (International Agreement) Order 2009 (S.I. 2009/3269), insofar as it is made under powers conferred by the Serious Organised Crime and Police Act 2005	Paragraph 5(1)(c) of Schedule 4
The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010 (S.I. 2010/1955)	Paragraph (p) of the definition of “permitted purpose” in section 16(1)

(2) Insofar as subordinate legislation continues to have effect by virtue of sub-paragraph (1), it does so subject to the following modifications.

Articles 2 and 4(4) and paragraph 21 of Schedule 1	The reference to section 43(1)(a) of the Serious Organised Crime and Police Act 2005 has effect as a reference to section 9 or 10 of this Act
Articles 3(b) and 4(1)(b)	The reference to Chapter 2 of Part 1 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 1 of this Act
Article 4(3)	The reference to section 46 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 4 of Schedule 5 to this Act
Article 5 and Paragraph 6 of Schedule 2	The reference to section 43(1)(c) of the Serious Organised Crime and Police Act 2005 has effect as a reference to section 9 or 10 of this Act
Articles 6(b) and 7(1)(b)	The reference to Chapter 2 of Part 1 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 1 of this Act
Schedule 1	Each reference to a SOCA office has effect as a reference to a place for the time being occupied by the National Crime Agency
Article 2(d)	The reference to sections 30(5)(c) and 57(6)(c) of the Serious Organised Crime and Police Act 2005 has effect as a reference to paragraph 5(1)(c) of Schedule 4 to this Act
---	---
Article 2	The reference to section 33 of the Serious Organised Crime and Police Act 2005 has effect as a reference to the definition of “permitted purpose” in section 16(1) of this Act
---	---

(3) The modifications applicable to any subordinate legislation by virtue of sub-paragraph (2) are in addition to any other modifications applicable to that subordinate legislation (whether by virtue of Part 4 of this Schedule or otherwise).

(4) The preceding provisions of this paragraph are without prejudice to sections 59 (consequential amendments) and 60 (transitional, transitory or saving provision).

Members of SOCA

8

(1) The Secretary of State may pay such amount (if any) as the Secretary of State thinks appropriate to a person who ceases to be a SOCA board member at the changeover.

(2) In this paragraph “SOCA board member” means a person who is a member of SOCA by virtue of paragraph 1(1)(a) or (c) of Schedule 1 to the Serious Organised Crime and Police Act 2005 (the chairman and ordinary members).

SOCA annual reports and accounts

9

(1) The repeal of sections 7 and 20 of the Serious Organised Crime and Police Act 2005 (annual reports and accounts) by this Act does not affect the application of those sections, after the changeover, in relation to times before the changeover.

(2) Sections 7 and 20 of the 2005 Act apply in relation to the final period as they apply to any financial year of SOCA (and, accordingly, references in those sections to a financial year of SOCA include references to the final period).

(3) After the changeover, the duties imposed on SOCA by sections 7 and 20 of the 2005 Act are to be discharged by the Director General of the National Crime Agency.

(4) In this paragraph “final period” means the period which—

(a) begins with the last 1 April to fall before the changeover, and

(b) ends with the changeover.

Saving of accrued pension rights etc

10

(1) The amendments of the Superannuation Act 1972 made by Part 2 of this Schedule do not affect the operation of that Act in relation to employment of any of the following kinds by any person—

(a) employment by SOCA;

(b) employment as a member of the staff of the NPIA.

(2) The amendments of the Police Pensions Act 1976 made by Part 2 of this Schedule do not affect the operation of that Act in relation to service of any of the following kinds by any person—

(a) service as an employee of SOCA;

(b) relevant service within paragraph (ca) or (cb) of section 97(1) of the Police Act 1996;

(d) service as a member of the staff of NPIA.

Scottish police reform

11

(1) The power conferred by section 60 may, in particular, be exercised to make provision to secure that the NCA provisions have full effect despite the coming into force of particular NCA provisions before the coming into force of particular Scottish police reform provisions.

(2) Such provision may, in particular, modify a reference in any of the NCA provisions to any person, body or other thing created by the Scottish police reform provisions.

(3) That includes the modification of a reference—

(a) to the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i) an existing Scottish police force;

(ii) the Scottish Crime and Drugs Enforcement Agency;

(b) to the chief constable of the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i) the chief constable of an existing Scottish police force;

(ii) the Scottish Crime and Drugs Enforcement Agency;

(iii) the Director General of that Agency;

(c) to the Scottish Police Authority, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i) an existing Scottish police authority;

(ii) the Scottish Crime and Drugs Enforcement Agency;

(iii) the Director General of that Agency;

(iv) the Scottish Police Services Authority;

(d) to constables in the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i) constables in existing Scottish police forces;

(ii) police members of the Scottish Crime and Drugs Enforcement Agency;

(iii) support staff members of the Scottish Crime and Drugs Enforcement Agency.

(4) In this paragraph—

“existing Scottish police authority” means a body which is a police authority by virtue of section 2 of the Police (Scotland) Act 1967 or a joint police board constituted in accordance with an amalgamation scheme made under that Act;

“existing Scottish police force” means a police force maintained under, or by virtue of, section 1 of the Police (Scotland) Act 1967;

“NCA provisions” means the provisions of this Part of this Act (including any amendments of other enactments made by this Part of this Act);

“Scottish police reform provisions” means the provisions of Part 1 of the Police and Fire Reform (Scotland) Act 2012.

Director of Revenue and Customs Prosecutions

12

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

Interpretation

13

In this Part of this Schedule—

“changeover” means the time when section 1 comes into force;

“NPIA” means the National Policing Improvement Agency;

“SOCA” means the Serious Organised Crime Agency.

Part 2 — Minor and consequential amendments and repeals

Explosives Act 1875 (c. 17)

14

(1) Section 75 of the Explosives Act 1875 is amended in accordance with this paragraph.

(2) In subsection (1), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(3) In subsection (2), for the words from “means” to “2005” substitute “ means a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013 ”.

Police (Property) Act 1897 (c. 30)

15

(1) Section 2A of the Police (Property) Act 1897 (application to SOCA) is amended in accordance with this paragraph.

(2) In the heading, for “SOCA” substitute “ the National Crime Agency ”.

(3) In subsection (1), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(4) In subsection (2)—

(a) for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

(b) in paragraph (a) for “member of staff of that Agency” substitute “ National Crime Agency officer ”.

(5) In subsection (3), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Public Records Act 1958 (c. 51)

16

In Schedule 1 to the Public Records Act 1958, in Part 2 of the table at the end of paragraph 3, omit—

(a) the entry relating to the National Policing Improvement Agency;

(b) the entry relating to the Serious Organised Crime Agency.

Offices, Shops and Railway Premises Act 1963 (c. 41)

17

In section 90 of the Offices, Shops and Railway Premises Act 1963 (interpretation), in subsection (4)(d), for the words from “Serious” to the end substitute “ National Crime Agency to serve as a National Crime Agency officer ”.

Parliamentary Commissioner Act 1967 (c. 13)

18

(1) Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) is amended in accordance with this paragraph.

(2) In the list of departments etc subject to investigation—

(a) insert at the appropriate place— “ National Crime Agency. ”;

(b) omit—

(i) the entry relating to the National Policing Improvement Agency;

(ii) the entry relating to the Serious Organised Crime Agency.

(3) In the notes after that list, in the note relating to the Serious Organised Crime Agency—

(a) for the title substitute “ National Crime Agency ”;

(b) in the note, for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Firearms Act 1968 (c. 27)

19

In the Firearms Act 1968, in section 54 (application of Parts 1 and 2 to Crown Servants), in subsection (3), omit paragraph (c) (and the word “or” at the end of paragraph (b)).

Superannuation Act 1972 (c. 11)

20

In the Superannuation Act 1972, in Schedule 1 (kinds of employment etc referred to in section 1)—

(a) omit the entry for employment by the Serious Organised Crime Agency;

(b) omit the entry for employment as a member of the staff of the National Policing Improvement Agency.

Health and Safety at Work etc. Act 1974 (c. 37)

21

(1) Section 51A of the Health and Safety at Work etc. Act 1974 (application of Part 1 to police) is amended in accordance with this paragraph.

(2) In subsection (2)(b), for “Serious Organised Crime Agency to serve as a member of its staff” substitute “ National Crime Agency to serve as a National Crime Agency officer ”.

(3) In subsection (2E), for paragraph (f) substitute—

(f) paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;

House of Commons Disqualification Act 1975 (c. 24)

22

In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a) in Part 2 (bodies of which all members are disqualified), omit—

(i) the entry for the National Policing Improvement Agency;

(ii) the entry for the Serious Organised Crime Agency;

(b) in Part 3 (other disqualifying offices), omit the entry for members of the staff of the Serious Organised Crime Agency.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

23

In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a) in Part 2 (bodies of which all members are disqualified), omit—

(i) the entry for the National Policing Improvement Agency;

(ii) the entry for the Serious Organised Crime Agency;

(b) in Part 3 (other disqualifying offices), omit the entry for members of the staff of the Serious Organised Crime Agency.

Police Pensions Act 1976 (c. 35)

24

The Police Pensions Act 1976 is amended as follows.

25

In section 7 (payment of pensions and contributions), in subsection (2)—

(a) omit—

(i) paragraphs (ca) to (cd);

(ii) paragraph (cf);

(b) after paragraph (d) insert—

(da) a National Crime Agency officer whose service as such is eligible service;

26

(1) Section 11 (interpretation) is amended in accordance with this paragraph.

(2) In subsection (1)—

(a) omit—

(i) paragraphs (ba) to (bd);

(ii) paragraph (bf);

(b) in paragraph (bfa) (inserted by Schedule 1 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013), in sub-paragraph (vi), for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(ca) eligible service as a National Crime Agency officer.

(3) In subsection (2A)—

(a) for paragraph (c) substitute—

(c) in relation to any such service as is mentioned in subsection (1)(bfa)(vi) or subsection (1)(ca) above, or any service of the kind described in section 97(1)(cj) of the Police Act 1996, “police pension authority” means the Director General of the National Crime Agency and “pension supervising authority” means the Secretary of State;

;

(b) omit paragraph (f).

(4) In subsection (5), omit the definition of “SOCA”.

(5) After subsection (8) insert—

(9) A person's service as a National Crime Agency officer is “eligible service” for the purposes of this Act in any of the following cases. (10) The first case is where— (a) the person's service as a National Crime Agency officer is— (i) service as the Director General, or (ii) service that is designated for this purpose by the Director General, and (b) the person is (immediately before beginning that service) a member, or eligible to be a member, of a police pension scheme. (11) The second case is where— (a) immediately before beginning the service as a National Crime Agency officer, the person— (i) is serving as a member of the staff of the Serious Organised Crime Agency, and (ii) by virtue of that service is, or is eligible to be, a member of a police pension scheme, and (b) the person becomes a National Crime Agency officer by virtue of a scheme under paragraph 2 of Schedule 8 to the Crime and Courts Act 2013. (12) The third case is where— (a) immediately before beginning the service as a National Crime Agency officer, the person— (i) is serving as a member of a police force, and (ii) by virtue of that service is, or is eligible to be, a member of a police pension scheme, and (b) the person becomes a National Crime Agency officer by virtue of a scheme under paragraph 2 of Schedule 8 to the Crime and Courts Act 2013. (13) In subsections (10) to (12) “police pension scheme” means a pension scheme provided for under— (a) section 1 above, or (b) section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland) Act 1998.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

27

In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Schedule 1 (ineligibility for and disqualification and excusal from jury service), in Group B in Part 1 (others concerned with the administration of justice), for paragraph (nc) substitute—

(nc) National Crime Agency officers;

Limitation Act 1980 (c. 58)

28

(1) In section 27A of the Limitation Act 1980 (actions for recovery of property obtained through unlawful conduct etc), in subsection (8), for paragraph (a) substitute—

(a) the National Crime Agency,

(2) In section 27B of that Act (actions for recovery of property for purposes of an external order), in subsection (8), for paragraph (a) substitute—

(a) the National Crime Agency,

Road Traffic Regulation Act 1984 (c. 27)

29

(1) Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits) is amended in accordance with this paragraph.

(2) In that section (before its amendment by the Road Safety Act 2006), in subsection (2)(a) and (b), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3) In that section (after its amendment by the Road Safety Act 2006), in subsection (1)(a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Prosecution of Offences Act 1985 (c. 23)

30

In section 3 of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions), in subsection (2)—

(a) before paragraph (b) insert—

(ac) to take over the conduct of any criminal proceedings instituted on behalf of the National Crime Agency;

;

(b) before paragraph (c) insert—

(bc) where it appears to him appropriate to do so, to institute and have the conduct of any criminal proceedings relating to a criminal investigation by the National Crime Agency;

;

(ed) to give advice, to such extent as he considers appropriate and to such person as he considers appropriate, in relation to— (i) criminal investigations by the National Crime Agency, or (ii) criminal proceedings arising out of such investigations;

Ministry of Defence Police Act 1987 (c. 4)

31

(1) Section 2C of the Ministry of Defence Police Act 1987 (constables serving with SOCA) is amended in accordance with this paragraph.

(2) In the title, for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3) In subsection (1)—

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

(b) in paragraph (a), for “Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(4) In subsection (2)(a), for “Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Road Traffic Act 1988 (c. 52)

32

(1) In section 124 of the Road Traffic Act 1988, subsection (1A) is amended in accordance with this paragraph.

(2) In the first sentence—

(a) for “SOCA instructor” substitute “ NCA instructor ”;

(b) for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3) In the second sentence—

(a) for “SOCA” substitute “ NCA ”;

(b) for “a member of staff of the Serious Organised Crime Agency” substitute “ an NCA officer ”;

Security Service Act 1989 (c. 5)

33

The Security Service Act 1989 is amended as follows.

34

In section 1 (the Security Service), in subsection (4), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

35

In section 2 (the Director General), in subsection (2)(c)—

(a) for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”;

(b) for “Serious Organised Crime Agency” (in the second place) substitute “ National Crime Agency ”.

Official Secrets Act 1989 (c. 6)

36

In the Official Secrets Act 1989, in section 12 (meanings of “crown servant” and “government contractor”), in subsection (1)(e), for “of the Serious Organised Crime Agency” substitute “ an NCA special (within the meaning of Part 1 of the Crime and Courts Act 2013) ”.

Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))

37

In Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for recovery of property obtained through unlawful conduct etc), in paragraph (8), for sub-paragraph (a) substitute—

(a) the National Crime Agency,

Police Act 1996 (c. 16)

38

The Police Act 1996 is amended as follows.

39

In section 57 (common services), in subsections (3A) and (4)(c), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

40

In section 59 (police federations), omit subsection (7A).

41

In section 61 (the Police Negotiating Board for Great Britain), in subsection (1), omit paragraph (bb).

42

(1) Section 62 (functions of the Police Negotiating Board with respect to regulations) is amended in accordance with this paragraph.

(2) In subsection (1), omit paragraph (d) (and the word “or” at the end of paragraph (c)).

(3) Omit subsections (1D) and (1E).

(4) In subsection (2), for “(1A), (1D) or (1E)” substitute “ or (1A) ”.

43

In section 63 (Police Advisory Boards for England and Wales and for Scotland), omit subsections (1C) and (3)(c).

44

In section 64 (membership of trade unions), omit subsections (4C) and (4D).

45

In section 88 (liability for wrongful acts of constables), in subsection (5A), for the words from “section 23” to “Agency” substitute “ Part 3 of Schedule 3 to the Crime and Courts Act 2013, a National Crime Agency officer ”.

46

In section 90 (impersonation etc), omit subsection (4)(ab).

47

In section 91 (causing disaffection), omit subsection (2)(aa).

48

(1) Section 97 (police officers engaged on service outside their force) is amended in accordance with this paragraph.

(2) In subsection (1)—

(a) omit—

(i) paragraph (cf);

(ii) paragraph (cg);

(b) after paragraph (ci) insert—

(cj) temporary service as a National Crime Agency officer on which a person is engaged with the consent of the appropriate authority;

(3) In subsection (6)(a)—

(a) omit “(cf), (cg)”;

(b) after “(ci)” insert “ , (cj) ”.

(4) In subsection (8), omit “(cf), (cg)”.

(5) After subsection (8) insert—

(8A) A person who is member of a police force engaged on relevant service within paragraph (cj) of subsection (1) shall be treated for the purposes of sections 59, 60 and 64 as if the person were a member of that police force.

Employment Rights Act 1996 (c. 18)

49

The Employment Rights Act 1996 is amended as follows.

50

In section 43KA (application of this Part and related provisions to police), in subsection (2)(b), for “Serious Organised Crime Agency to serve as a member of its staff” substitute “ National Crime Agency to serve as a National Crime Agency officer ”.

51

In section 134A (application to police), in subsection (3), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))

52

The Proceeds of Crime (Northern Ireland) Order 1996 is amended as follows.

53

(1) Article 49 (additional investigation powers) is amended in accordance with this paragraph.

(2) In paragraph (1A), for “a senior member of staff of the Serious Organised Crime Agency” substitute “ a senior National Crime Agency officer ”.

(3) In paragraph (1B), for “a member of staff of the Serious Organised Crime Agency” substitute “ a National Crime Agency officer ”.

(4) In paragraph (5), in the definition of “senior member of staff of the Serious Organised Crime Agency”—

(a) for “a senior member of staff of the Serious Organised Crime Agency” substitute “ a senior National Crime Agency officer ”;

(b) in paragraph (a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

54

In Schedule 2 (financial investigations), in paragraph 3A(4)(a), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Police Act 1997 (c. 50)

55

The Police Act 1997 is amended as follows.

56

(1) Section 93 (authorisations to interfere with property etc) is amended in accordance with this paragraph.

(2) In subsections (1B) and (3)(b), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(3) In subsection (5), for paragraph (f) substitute—

(f) the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;

57

In section 94 (authorisations given in absence of authorising officer), in subsection (2)(e), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

58

In section 97 (authorisations requiring approval), in subsection (6B)(b), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

59

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

60

In section 113B (enhanced criminal record certificates)—

(a) in subsection (10), omit paragraphs (f) and (g);

(b) in subsection (11)(b), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Police (Northern Ireland) Act 1998 (c. 32)

61

The Police (Northern Ireland) Act 1998 is amended as follows.

62

In section 27 (members of the Police Service of Northern Ireland engaged on other police service), in subsection (1)—

(a) in paragraph (cb), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”;

(b) omit paragraph (cc).

Northern Ireland Act 1998 (c. 47)

63

In the Northern Ireland Act 1998, in Schedule 3 (reserved matters), in paragraph 9(1), for sub-paragraph (g) substitute—

(g) the National Crime Agency;

Immigration and Asylum Act 1999 (c. 33)

64

The Immigration and Asylum Act 1999 is amended as follows.

65

In section 20 (supply of information to Secretary of State), in subsection (1)(b), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

66

(1) Section 21 (supply of information by Secretary of State) is amended in accordance with this paragraph.

(2) In subsection (2), for paragraph (b) substitute—

(b) the National Crime Agency, for use in connection with the discharge of any function of that Agency;

(3) Omit subsection (4).

Terrorism Act 2000 (c. 11)

67

The Terrorism Act 2000 is amended as follows.

68

In section 19 (disclosure of information: duty), in subsection (7B), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

69

In section 20 (disclosure of information: permission), in subsection (5), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

70

In section 21ZA (arrangements with prior consent), in subsection (5), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

71

In section 21ZB (disclosure after entering into arrangements), in subsection (4), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

72

In section 21A (failure to disclosure: regulated sector), in subsection (14), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

73

In section 21B (protected disclosures), in subsection (7), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

74

(1) Section 21C (disclosures to SOCA) is amended in accordance with this paragraph.

(2) In the title for “SOCA” substitute “ the National Crime Agency ”.

(3) In subsections (1) and (2), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

75

In section 21D (tipping off: regulated sector), in subsection (2)(d), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

76

In Schedule 14 (exercise of officers' powers), in paragraph 4 (information), for sub-paragraph (1)(d) substitute—

(d) to the National Crime Agency;

Regulation of Investigatory Powers Act 2000 (c. 23)

77

The Regulation of Investigatory Powers Act 2000 is amended as follows.

78

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

79

In section 17 (exclusion of matters from legal proceedings), in subsection (3), omit paragraph (c).

80

In section 19 (offence for unauthorised disclosures), in subsection (2), omit paragraph (c).

81

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

82

In section 32 (authorisation of intrusive surveillance), in subsection (6), for paragraph (k) substitute—

(k) the Director General of the National Crime Agency and any National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;

83

(1) Section 33 (rules of grant of authorisations) is amended in accordance with this paragraph.

(2) In subsection (1A), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3) In subsection (3A)—

(a) for “The Director General of the Serious Organised Crime Agency” substitute “ The Director General of the National Crime Agency ”;

(b) for “member of staff of the Agency” substitute “ National Crime Agency officer ”.

(4) In subsection (5)(a), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

84

(1) Section 34 (grant of authorisation in the senior officer's absence) is amended in accordance with this paragraph.

(2) In subsection (1)(a), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(3) In subsection (4)(j), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

85

(1) Section 35 (notifications of authorisations for intrusive surveillance) is amended in accordance with this paragraph.

(2) In subsection (1), for “SOCA” substitute “ the National Crime Agency ”.

(3) In subsection (10)—

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

(b) in paragraph (a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

86

(1) Section 36 (approval required for authorisations to take effect) is amended in accordance with this paragraph.

(2) In subsection (1), for paragraph (b) substitute—

(b) a National Crime Agency officer;

(3) In subsection (6)(b) and (d), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

87

In section 37 (quashing of police and Revenue and Customs authorisations etc), in subsection (1), for paragraph (b) substitute—

(b) a National Crime Agency officer;

88

In section 40 (information to be provided to Surveillance Commissioners), for paragraph (b) substitute—

(b) every National Crime Agency officer,

89

In section 46 (restrictions on authorisations extending to Scotland), in subsection (3), for paragraph (db) substitute—

(db) the National Crime Agency;

90

In section 49 (notices requiring disclosure), in subsection (1)(e), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

91

(1) Section 51 (cases in which key required) is amended in accordance with this paragraph.

(2) In subsection (2)—

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

(b) in paragraph (aa)—

(i) for “SOCA” substitute “ the National Crime Agency ”;

(ii) for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(3) In subsections (3) and (6), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

92

In section 54 (tipping-off), in subsection (3)(a) and (b), for “SOCA” substitute “ the National Crime Agency ”.

93

(1) Section 55 (general duties of specified authorities) is amended in accordance with this paragraph.

(2) In subsection (1), for paragraph (ba) substitute—

(ba) the Director General of the National Crime Agency;

(3) For subsection (3A) substitute—

(3A) The power of the Director General of the National Crime Agency to delegate functions under paragraph 10 of Schedule 1 to the Crime and Courts Act 2013 does not apply in relation to the Director General's duties under this section.

94

In section 56 (interpretation of Part 3), in subsection (1)—

(a) in paragraph (a) of the definition of “the police”, for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”;

(b) omit the definition of SOCA.

95

In section 58 (co-operation with and reports by section 57 Commissioner), in subsection (1), omit paragraph (b).

96

In section 65 (the Tribunal), in subsection (6), for paragraph (d) substitute—

(d) the National Crime Agency;

97

In section 68 (Tribunal procedure), in subsection (7), omit paragraph (b).

98

(1) Section 76A (foreign surveillance operations) is amended in accordance with this paragraph.

(2) In subsection (6)(a), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(3) In subsection (11), in the definition of “United Kingdom officer”, for paragraph (b) substitute—

(b) a National Crime Agency officer;

99

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

100

(1) Schedule 2 (persons having the appropriate permission) is amended in accordance with this paragraph.

(2) In paragraph 2 (data obtained under warrant etc), in sub-paragraphs (3) and (5), for “SOCA” substitute “ the National Crime Agency, ”.

(3) In paragraph 4 (data obtained under statute by other persons but without a warrant), in sub-paragraph (2), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

(4) In paragraph 5 (data obtained without the exercise of statutory powers), in sub-paragraph (3)(b), for “SOCA” substitute “ the National Crime Agency ”.

(5) In paragraph 6 (general requirements relating to the appropriate permission), in sub-paragraphs (3A) and (6), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Freedom of Information Act 2000 (c. 36)

101

The Freedom of Information Act 2000 is amended as follows.

102

In section 23 (information supplied by, or relating to, bodies dealing with security matters), in subsection (3), after paragraph (m) insert—

(n) the National Crime Agency.

103

In section 84 (interpretation), in the definition of “government department”—

(a) omit “or” at the end of paragraph (b);

(b) after paragraph (b) insert—

(ba) the National Crime Agency, or

104

In Schedule 1 (public authorities), in Part 6 (other public bodies and offices: general), omit the entry relating to the National Policing Improvement Agency.

Criminal Justice and Court Services Act 2000 (c. 43)

105

(1) Section 71 of the Criminal Justice and Court Services Act 2000 (access to driver licensing records) is amended in accordance with this paragraph.

(2) In subsection (1)—

(a) omit “to the National Policing Improvement Agency”;

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

(3) In subsection (2)—

(a) omit “to the National Policing Improvement Agency”;

(b) in paragraph (a)—

(i) after “which” insert “ information may be made available to ”;

(ii) for “members of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officers ”;

(iii) omit “may be given access to the information”;

Vehicles (Crime) Act 2001 (c. 3)

106

In section 18 of the Vehicles (Crime) Act 2001 (register of registration plate suppliers), in subsection (7) omit “to the National Policing Improvement Agency”.

Criminal Justice and Police Act 2001 (c. 16)

107

In section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces), in subsection (4), omit paragraph (a).

Proceeds of Crime Act 2002 (c. 29)

108

The Proceeds of Crime Act 2002 is amended as follows.

109

In section 2A (contribution to the reduction of crime), in subsections (2)(a) and (3)(a), for “SOCA” substitute “ the National Crime Agency ”.

110

(1) Section 2B (SOCA and members of SOCA's staff) is amended in accordance with this paragraph.

(2) For the title substitute “ The National Crime Agency and its officers ”.

(3) Omit subsection (1).

(4) In subsection (2)—

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

(b) for “SOCA” (in each other place) substitute “ that Agency ”.

(5) Omit subsection (3).

111

(1) Section 3 (accreditation and training of financial investigators) is amended in accordance with this paragraph.

(2) In subsection (1), for “National Policing Improvement Agency” substitute “ National Crime Agency ”.

(3) In subsection (2), at the end of paragraph (b) insert

, and (c) securing that decisions under that system which concern— (i) the grant or withdrawal of accreditations, or (ii) the monitoring of the performance of accredited financial investigators, are taken without regard to their effect on operations by the National Crime Agency or any other person.

(4) In subsection (7), for “National Policing Improvement Agency” substitute “ National Crime Agency ”.

112

In section 41A (restraint orders: power to retain seized property etc), in subsection (3), for paragraph (d) substitute—

(d) a National Crime Agency officer,

113

In section 55 (sums received by designated officer), in subsection (8), for paragraph (h) substitute—

(h) a National Crime Agency officer,

114

In section 72 (serious default in England and Wales), in subsection (9)(ba)—

(a) for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(b) for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

115

In section 120A (restraint orders: power to retain seized property etc), in subsection (3), for paragraph (c)—

(c) a National Crime Agency officer;

116

In section 139 (serious default in Scotland), in subsection (9)(ca)—

(a) for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(b) for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

117

In section 190A (restraint orders: power to retain seized property etc — Northern Ireland), in subsection (3), for paragraph (d)—

(d) a National Crime Agency officer;

118

In section 195S (Codes of practice: Secretary of State), in subsection (1)(c), for “members of staff of SOCA” substitute “ NCA officers ”.

119

In section 203 (sums received by chief clerk), in subsection (8), for paragraph (h)—

(h) a National Crime Agency officer.

120

In section 220 (serious default in Northern Ireland), in subsection (9)(ba)—

(a) for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(b) for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

121

In section 316 (general interpretation), in subsection (1), in paragraphs (a) and (c) of the definition of “enforcement authority”, for “SOCA” substitute “ the National Crime Agency ”.

122

(1) Section 317 (SOCA's general Revenue functions) is amended in accordance with this paragraph.

(2) In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

(3) For “SOCA” (in each place) substitute “ the National Crime Agency ”.

123

In section 318 (revenue functions regarding employment), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

124

In section 319 (source of income), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

125

(1) Section 321 (SOCA's functions: transfers of value) is amended in accordance with this paragraph.

(2) In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

(3) For “SOCA” (in each place) substitute “ the National Crime Agency ”.

126

(1) Section 322 (SOCA's functions: certain settlements) is amended in accordance with this paragraph.

(2) In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

(3) For “SOCA” (in each place) substitute “ the National Crime Agency ”.

127

In section 324 (exercise of Revenue functions), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

128

(1) In section 325 (declarations), in subsection (2)—

(a) for “member of SOCA's staff” substitute “ National Crime Agency officer ”;

(b) for “any of SOCA's functions” substitute “ any function of the National Crime Agency ”;

129

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Crime and Courts Act 2013

Access to premises

6

Interpretation

7

Part 2 — Complaints: other amendments

Police Reform Act 2002

8

9

10

11

12

13

14

15

16

17

Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007

18

Police (Northern Ireland) Act 1998

19

SCHEDULE 7

Part 1 — Statutory restrictions

1

Part 2 — Restrictions on disclosures of particular types of information

HMRC & customs information

2

Social security information

3

Intelligence service information

4

Arrangements for publishing information

5

Part 3 — Restrictions on further disclosures of information

Information generally

6

Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners

7

Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate

8

Part 4 — Published information: no restrictions on further disclosure

9

Part 5 — Offences relating to wrongful disclosure of information

10

Part 6 — General

Consents

11

Interpretation

12

SCHEDULE 8

Part 1 — Transitional, transitory and saving provision

Transfer schemes

1

2

3

4

5

Continuity in relation to functions

6

Continuity in relation to subordinate legislation

7

Members of SOCA

8

SOCA annual reports and accounts

9

Saving of accrued pension rights etc

10

Scottish police reform

11

Director of Revenue and Customs Prosecutions

12

Interpretation

13

Part 2 — Minor and consequential amendments and repeals

Explosives Act 1875 (c. 17)

14

Police (Property) Act 1897 (c. 30)

15

Public Records Act 1958 (c. 51)

16