Crime and Courts Act 2013

2013 Chapter 22

An Act to establish, and make provision about, the National Crime Agency; to abolish the Serious Organised Crime Agency and the National Policing Improvement Agency; to make provision about the judiciary and the structure, administration, proceedings and powers of courts and tribunals; to make provision about deferred prosecution agreements; to make provision about border control; to make provision about drugs and driving; and for connected purposes.

[25th April 2013]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1The National Crime Agency

d

the mitigation of the consequences of crime (or that kind of crime);

and references to the carrying out of activities to combat crime (or a particular kind of crime) are to be construed accordingly.

12

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

2Modification of NCA functions

1

The Secretary of State may, by order, make—

a

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

b

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

2

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

3

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

4

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

5

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

6

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

3Strategic priorities

1

The Secretary of the State must determine strategic priorities for the NCA.

2

In determining strategic priorities for the NCA (including deciding whether there should be such priorities), the Secretary of State must consult—

a

the strategic partners,

b

the Director General, and

c

any other persons whom the Secretary of State considers it is appropriate to consult.

to other matters;

Schedule 3 (relationships between NCA and other agencies) has effect.

11

This section has effect subject to Part 5 (payment for tasks etc) of Schedule 3.

12

Paragraph 33 of Schedule 3 gives the Secretary of State power to amend this section.

6Duty to publish information

1

d

to any person for the purposes of compliance with an order of a court or tribunal (whether or not in the United Kingdom).

8

A disclosure of information which is authorised or required by this Part does not breach—

a

an obligation of confidence owed by the person making the disclosure, or

b

any other restriction on the disclosure of information (however imposed).

9

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

10

In this section—

“GCHQ” has the same meaning as in the Intelligence Services Act 1994;

“intelligence service disclosure arrangements” means—

arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service,

arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service, or

arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ.

8Other functions etc

1

In section 11 of the Children Act 2004 (arrangements to safeguard and promote welfare of children: England), in subsection (1), after paragraph (i) insert—

ia

the National Crime Agency;

2

In section 28 of the Children Act 2004 (arrangements to safeguard and promote welfare of children: Wales), in subsection (1), after paragraph (e) insert—

ea

the National Crime Agency;

3

The Director General may provide assistance to—

a

a government in a country or territory outside the British Islands, or

b

another overseas body exercising functions of a public nature in a country or territory outside the British Islands,

if the government, or the body, requests assistance to be provided.

4

If such a request is made, the Director General may provide such assistance as the Director General considers appropriate in all the circumstances.

5

Subsection (3) does not apply to any request for assistance which could be made under section 13 of the Crime (International Co-operation) Act 2003, unless the NCA has functions under that section in relation to the request by virtue of an order under section 27(2) of that Act.

6

Schedule 4 (NCA: general) has effect.

9Director General: customs powers of Commissioners & operational powers

1

The Director General has, in relation to any customs matter, the same powers as the Commissioners for Her Majesty’s Revenue and Customs would have.

2

The Secretary of State may designate the Director General as a person having one or more of the following—

a

the powers and privileges of a constable;

b

the powers of an officer of Revenue and Customs;

c

the powers of an immigration officer.

3

The Secretary of State may modify or withdraw a designation of the Director General by giving notice of the modification or withdrawal to the Director General.

4

Schedule 5 (police, customs and immigration powers) has effect.

5

If, in accordance with paragraph 4 of Schedule 5, recommendations are made to the Secretary of State as to the operational powers which the Director General should have, the Secretary of State must exercise the powers of designation to give effect to those recommendations (unless the recommendations are already given effect to by a previous exercise of the powers of designation).

6

The Secretary of State may not exercise the powers of designation unless—

a

required to do so by subsection (5); or

b

required or otherwise authorised to do so by regulations under paragraph 5 of Schedule 5.

7

In this section “powers of designation” means the powers conferred by subsections (2) and (3).

8

In this Part—

“customs matter” means any matter other than—

a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 applies (former Inland Revenue matters), or

any tax or duty not mentioned in Schedule 1 to that Act (which lists such matters);

“operational power” means any of the following—

a power or privilege of a constable;

a power of an officer of Revenue and Customs;

a power of an immigration officer.

10Operational powers of other NCA officers

6

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

26CThe National Crime Agency

1

The Secretary of State must make regulations conferring functions on the Independent Police Complaints Commission in relation to the exercise of functions by the Director General and other National Crime Agency officers.

2

Regulations under this section may, in particular—

a

apply (with or without modifications), or make provision similar to, any provision of or made under this Part of this Act;

b

make provision for payment by the National Crime Agency to, or in respect of, the Independent Police Complaints Commission.

3

Regulations under this section must relate only to the exercise of functions in, or in relation to, England and Wales.

4

The Independent Police Complaints Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

a

the Independent Police Complaints Commission has functions by virtue of this section, and

b

the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

5

A National Crime Agency officer may disclose information to the Independent Police Complaints Commission, or to a person acting on the Commission’s behalf, for the purposes of the exercise by the Commission, or by any person acting on the Commission’s behalf, of an NCA complaints function.

6

The Independent Police Complaints Commissioner and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

a

by virtue of this section, or

b

under the Parliamentary Commissioner Act 1967.

7

Regulations under this section may, in particular, make—

a

further provision about the disclosure of information under subsection (5) or (6);

b

provision about the further disclosure of information that has been so disclosed;

including provision which applies (with or without modifications), or is similar to, any provision of Schedule 7 to the Crime and Courts Act 2013.

8

Except as provided for in regulations under this section, that Schedule to that Act does not apply to—

a

the disclosure of information under subsection (5) or (6), or

b

the further disclosure of information so disclosed.

9

In this section “NCA complaints function” means a function in relation to the exercise of functions by the Director General or any other National Crime Agency officer.

7

In the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007, in article 4(4) (agreements to establish complaints procedures)—

a

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

b

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

8

In section 60ZA of the Police (Northern Ireland) Act 1998 (Serious Organised Crime Agency: complaints)—

a

in the title, for “Serious Organised Crime Agency” substitute “The National Crime Agency”;

b

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

c

in subsection (6), for “member of the staff of the Agency” substitute “National Crime Agency officer”;

d

omit subsection (7).

9

Schedule 6 (inspections and complaints) has effect.

12Information: restrictions on disclosure etc

1

Schedule 7 (information: restrictions on disclosure) has effect.

2

Schedule 7 applies to disclosures made for the purposes of the criminal intelligence function.

3

Any duty to disclose information imposed on an NCA officer (including the duty of the Director General under paragraph 4 or 6 of Schedule 3 to disclose information by keeping other persons informed of information obtained by the NCA), and any power of an NCA officer to disclose information, has effect subject to Schedule 7.

4

Subsections (2) and (3) do not limit Schedule 7.

13NCA officers with operational powers: labour relations

1

A person must not induce the Director General or any NCA officer designated under section 10 to withhold (or to continue to withhold) services as an NCA officer.

2

The duty imposed by subsection (1) is a duty owed to the Secretary of State.

3

A breach of that duty which causes the Secretary of State to sustain loss or damage is to be actionable, at the Secretary of State’s suit or instance, against the person in breach.

4

Subsection (3) is without prejudice to the right of the Secretary of State, by virtue of subsections (1) and (2), to bring civil proceedings in respect of any apprehended contravention of subsection (1).

5

The no-strike provisions must be disregarded in determining for the purposes of any of the relevant employment legislation whether any trade union is an independent trade union.

6

Nothing in the relevant employment legislation is to affect the rights of the Secretary of State by virtue of the no-strike provisions.

7

The Secretary of State may, by order, suspend, or later revive, the operation of the no-strike provisions.

8

In this section—

“no-strike provisions” means subsections (1) to (3) of this section;

“relevant employment legislation” means—

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

the Employment Rights Act 1996;

the Trade Union and Labour Relations (Northern Ireland) Order 1995;

the Employment Rights (Northern Ireland) Order 1996.

14NCA officers with operational powers: pay and allowances

1

The Secretary of State may, by regulations, provide for the establishment, maintenance and operation of procedures for the determination from time to time of—

a

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

b

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

2

Regulations under this section may—

a

provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations;

b

authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined.

3

In this section “associated terms and conditions” means such terms and conditions as may appear to the Secretary of State to fall to be determined in association with the determination of rates of pay and allowances.

15Abolition of SOCA and NPIA

1

The Serious Organised Crime Agency is abolished.

2

The National Policing Improvement Agency is abolished.

3

Schedule 8 (abolition of SOCA and NPIA) has effect.

16Interpretation of Part 1

1

In this Part—

“chief officer” means—

the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

the Commissioner of Police of the Metropolis;

the Commissioner of Police for the City of London;

the chief constable of the Police Service of Scotland;

the Chief Constable of the Police Service of Northern Ireland;

the chief constable of the British Transport Police;

the chief constable of the Civil Nuclear Constabulary;

the chief constable of the Ministry of Defence Police;

“customs revenue official” has the same meaning as in the Borders, Citizenship and Immigration Act 2009 (see section 11 of that Act);

“Director General” means the Director General of the National Crime Agency;

“Director of Border Revenue” means the person designated under section 6 of the Borders, Citizenship and Immigration Act 2009;

“enactment” means any enactment, whenever passed or made, contained in—

an Act of Parliament;

an Act of the Scottish Parliament;

Northern Ireland legislation;

a Measure or Act of the National Assembly for Wales;

an instrument made under any such Act, legislation or Measure;

any other subordinate legislation (within the meaning of the Interpretation Act 1978);

“England and Wales police force” means—

a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

the metropolitan police force;

the City of London police force;

“functions” means all functions of any description, including powers and duties, whether conferred by an enactment or arising otherwise;

“general customs official” has the same meaning as in Borders, Citizenship and Immigration Act 2009 (see section 3 of that Act);

“Island law enforcement agency” means any person charged with the duty of investigating or prosecuting offences who operates in any of the Channel Islands or in the Isle of Man (apart from an Island police force);

“Island police force” means—

the States of Jersey Police Force;

the salaried police force of the Island of Guernsey;

the Isle of Man Constabulary;

“local policing body” means—

a police and crime commissioner;

the Mayor’s Office for Policing and Crime;

the Common Council of the City of London as police authority for the City of London police area;

“NCA” means the National Crime Agency;

“NCA functions” means—

functions of the NCA,

functions of the Director General, and

functions of other NCA officers;

“NCA officers” means—

the Director General,

the other National Crime Agency officers appointed under paragraph 9 of Schedule 1,

persons who have been seconded to the NCA to serve as National Crime Agency officers under paragraph 13 of Schedule 1 (unless the context otherwise requires), and

NCA specials;

“permitted purpose” means any of the following purposes—

the prevention or detection of crime, whether in the United Kingdom or elsewhere;

the investigation or prosecution of offences, whether in the United Kingdom or elsewhere;

the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or the law of any country or territory outside the United Kingdom;

the exercise of any NCA functions (so far as not falling within any of paragraphs (a) to (c));

purposes relating to civil proceedings (whether or not in the United Kingdom) which relate to a matter in respect of which the NCA has functions;

compliance with an order of a court or tribunal (whether or not in the United Kingdom);

the exercise of any function relating to the provision or operation of the system of accreditation of financial investigators under section 3 of the Proceeds of Crime Act 2002;

the exercise of any function of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002;

the exercise of any function of—

the Director of Public Prosecutions,

the Director of the Serious Fraud Office,

iii

the Director of Public Prosecutions for Northern Ireland, or

the Scottish Ministers,

under, or in relation, to Part 5 or 8 of the Proceeds of Crime Act 2002;

the exercise of any function of—

an officer of Revenue and Customs,

a general customs official,

iii

a customs revenue official,

an immigration officer,

an accredited financial investigator, or

a constable,

under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002;

investigations or proceedings outside the United Kingdom which have led, or may lead, to the making of an external order (within the meaning of section 447 of the Proceeds of Crime Act 2002);

the exercise of any function of any intelligence service (within the meaning of the Regulation of Investigatory Powers Act 2000);

the exercise of any function under—

Part 2 of the Football Spectators Act 1989, or

sections 104 to 106 of the Policing and Crime Act 2009;

the exercise of any function relating to public health;

the exercise of any function of the Financial Services Authority;

the exercise of any function designated by the Secretary of State by order;

but a function may be designated under paragraph (p) only if the function appears to the Secretary of State to be a function of a public nature;

“policing body” means—

a police and crime commissioner;

the Mayor’s Office for Policing and Crime;

the Common Council of the City of London as police authority for the City of London police area;

the Scottish Police Authority;

the Northern Ireland Policing Board;

the British Transport Police Authority;

the Civil Nuclear Police Authority;

the Secretary of State, in relation to the Ministry of Defence Police;

“special police force” means—

the British Transport Police;

the Civil Nuclear Constabulary;

the Ministry of Defence Police;

“strategic partners” means—

the Scottish Ministers;

the Department of Justice in Northern Ireland;

such persons as appear to the Secretary of State to represent the views of local policing bodies;

such persons as appear to the Secretary of State to represent the views of the chief officers of England and Wales police forces;

the chief constable of the Police Service of Scotland;

the Chief Constable of the Police Service of Northern Ireland;

the Commissioners for Her Majesty’s Revenue and Customs;

the Director of the Serious Fraud Office;

“UK law enforcement agency” means—

the Commissioners for Her Majesty’s Revenue and Customs;

the Director of the Serious Fraud Office;

the Director of Border Revenue;

the Scottish Administration;

a Northern Ireland department;

any other person operating in England, Scotland, Northern Ireland or Wales charged with the duty of investigating or prosecuting offences (apart from a UK police force);

“UK police force” means—

an England and Wales police force;

the Police Service of Scotland;

the Police Service of Northern Ireland;

a special police force.

2

In this Part—

a

a reference to the powers and privileges of a constable is a reference to any powers and privileges of the constable, whether arising under an enactment or otherwise;

b

a reference to the Police Service of Northern Ireland includes a reference to the Police Service of Northern Ireland Reserve.

3

In any enactment—

a

a reference to a National Crime Agency officer is to be construed as a reference to an NCA officer within the meaning of this Part;

b

a reference to a function of the National Crime Agency is to be construed as a reference to an NCA function within the meaning of this Part (unless the context otherwise requires).

4

Definitions of the following terms used in this Part, or other provision relating to the meanings of such terms, are contained in the provisions (outside this section) which are indicated.

Term	Provision containing definition etc
activities to combat crime (or a particular kind of crime)	section 1(11)
annual plan	section 4(3)
annual report	Part 2 of Schedule 2
crime-reduction function	section 1(4)
criminal intelligence function	section 1(5)
customs matter	section 9(8)
framework document	Part 1 of Schedule 2
NCA special	paragraph 15 of Schedule 1
operational power	section 9(8)
strategic priorities	section 3

Part 2Courts and Justice

Administration of justice

17Civil and family proceedings in England and Wales

1

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

The county court

A1Establishment of a single county court

1

There is to be a court in England and Wales, called the county court, for the purpose of exercising the jurisdiction and powers conferred on it—

a

by or under this or any other Act, or

b

by or under any Act, or Measure, of the National Assembly for Wales.

2

The county court is to be a court of record and have a seal.

2

Sections 1 and 2 of that Act (county courts to be held for districts) are repealed.

3

In the Matrimonial and Family Proceedings Act 1984 before Part 5 insert—

Part 4AThe family court

31AEstablishment of the family court

1

There is to be a court in England and Wales, called the family court, for the purpose of exercising the jurisdiction and powers conferred on it—

a

by or under this or any other Act, or

b

by or under any Act, or Measure, of the National Assembly for Wales.

2

The family court is to be a court of record and have a seal.

4

Part 2 of the Children, Schools and Families Act 2010 (family proceedings) is repealed, as are the following related provisions of that Act: Part 2 of each of Schedules 3 and 4; section 29(4); and “, (4)” in section 29(6).

5

Schedule 9 (amendments in connection with the county court replacing the existing county courts) has effect.

6

Schedules 10 and 11 (amendments in connection with the establishment of the family court) have effect.

18Youth courts to have jurisdiction to grant gang-related injunctions

1

Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence) is amended as follows.

2

In section 49(1) (interpretation of Part 4) for the definition of “court” substitute—

“court” (except in Schedule 5A)—

a

in the case of a respondent aged under 18, means a youth court, and

b

in any other case, means the High Court or the county court,

but this is subject to any provision in rules of court that is or could be made under section 48(4);

3

In section 43(7) (judge before whom person arrested on suspicion of breaching injunction under Part 4 is to be brought) for the words from “means” to the end substitute

means a judge of the court that granted the injunction, except that where—

a

the respondent is aged 18 or over, but

b

the injunction was granted by a youth court,

it means a judge of the county court.

4

In section 48 (rules of court in relation to injunctions under Part 4) after subsection (3) insert—

4

In relation to a respondent attaining the age of 18 after the commencement of proceedings under this Part, rules of court may—

a

provide for the transfer of the proceedings from a youth court to the High Court or the county court;

b

prescribe circumstances in which the proceedings may or must remain in a youth court.

5

Schedule 12 (which makes consequential and related amendments in the Policing and Crime Act 2009) has effect.

6

Nothing in any provision of this section or of that Schedule affects proceedings in relation to applications made before the coming into force of that provision.

19Varying designations of authorities responsible for remanded young persons

1

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

2

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

3

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

4

After subsection (7) insert—

7A

In a case to which subsection (7)(b) applies, the court is to designate a local authority in whose area it appears to the court that the child habitually resides (a “home authority”) except where the court—

a

considers as respects the home authority, or each home authority, that it is inappropriate to designate that authority, or

b

is unable to identify any place in England and Wales where the child habitually resides.

7B

If in a case to which subsection (7)(b) applies—

a

the court is not required by subsection (7A) to designate a home authority, but

b

it appears to the court that the offence was not, or none of the offences was, committed in England and Wales,

the court is to designate a local authority which it considers appropriate in the circumstances of the case.

5

After subsection (7B) insert—

7C

Where a child has been remanded to youth detention accommodation, the court—

a

which remanded the child, or

b

to which the child was remanded,

may designate a local authority (“B”) as the designated authority for the child in substitution for the authority previously designated (whether that previous designation was made when the child was remanded or under this subsection).

7D

Where a child has at any one time been subject to two or more remands to youth detention accommodation, a court which has jurisdiction to make a replacement designation under subsection (7C) in connection with one or some of the remands also has jurisdiction to make such a replacement designation in connection with each of the other remands.

7E

Where a replacement designation is made under subsection (7C) after the end of the period of remand concerned, the substitution of B for the previously-designated authority has effect only for the purposes of regulations under section 103.

7F

Where a replacement designation is made under subsection (7C) during the period of remand concerned, the substitution of B for the previously-designated authority—

a

has effect, as respects the part of that period ending with the making of the replacement designation, only for the purposes of regulations under section 103, and

b

has effect, as respects the remainder of that period, for all of the purposes listed in subsection (6).

7G

A court may make a replacement designation under subsection (7C) only if it considers that, had everything it knows been known by the court which made the previous designation, that court would have designated B instead.

7H

Where a replacement designation is made under subsection (7C) in relation to a remand, the previously-designated authority is to be repaid any sums it paid in respect of the remand pursuant to regulations under section 103.

7J

A court which has jurisdiction to make a replacement direction under subsection (7C) may exercise that jurisdiction on an application by a local authority or of its own motion.

6

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

7

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

20Judicial appointments

Schedule 13 has effect. In that Schedule—

Part 1 provides for there to be no more than the equivalent of 12 full-time judges of the Supreme Court, rather than exactly 12 judges, and makes provision about their selection,

Part 2 contains provisions to facilitate greater diversity among judges,

Part 3 amends provisions about membership of the Judicial Appointments Commission,

Part 4—

makes provision about selection for certain judicial appointments, and

provides for the transfer, from the Lord Chancellor to the Lord Chief Justice or the Senior President of Tribunals, of functions in connection with selection for and appointment to judicial offices,

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

Part 6 makes provision for the exercise of certain functions where the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division or the Chancellor of the High Court is incapable of exercising the functions or one of those offices is vacant, and

Part 7 abolishes the office of assistant Recorder.

21Deployment of the judiciary

1

The Lord Chief Justice’s deployment responsibility includes (so far as it would not otherwise do so, and subject to having regard to the responsibilities of the Senior President of Tribunals) responsibility for the maintenance of appropriate arrangements for—

a

the deployment to tribunals of judiciary deployable to tribunals, and

b

the deployment to courts in England and Wales of judiciary deployable to such courts.

2

In subsection (1) “the Lord Chief Justice’s deployment responsibility” means the responsibility that the Lord Chief Justice of England and Wales, as President of the Courts of England and Wales, has under section 7(2)(c) of the Constitutional Reform Act 2005 for the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales.

3

Each of the following is a tribunal for the purposes of subsection (1)(a)—

the Upper Tribunal,

the First-tier Tribunal,

the Employment Appeal Tribunal, and

an employment tribunal in England and Wales.

4

Schedule 14 (which makes provision for deployment of judiciary to courts and tribunals, and updates references to chairmen of employment tribunals following their being renamed as Employment Judges) has effect.

22Transfer of immigration or nationality judicial review applications

1

In section 31A of the Senior Courts Act 1981 (transfer from the High Court to the Upper Tribunal)—

a

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

b

omit subsection (2A),

c

4

A decision of the High Court on an appeal under this section is final.

5

Subsection (4) does not apply to a decision disbarring a person.

6

The High Court may make such order as it thinks fit on an appeal under this section.

7

A right conferred under subsection (2) or (3) may be removed by the person who conferred it; and a right conferred under subsection (2) by two or more Inns of Court acting collectively may, so far as relating to any one of the Inns concerned, be removed by that Inn.

25Enforcement by taking control of goods

1

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

2

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

3

After paragraph 18 insert—

18A

1

This paragraph applies if these conditions are met—

a

the enforcement agent has power to enter the premises under paragraph 14;

b

the enforcement agent reasonably believes that the debtor carries on a trade or business on the premises;

c

the enforcement agent is acting under a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;

d

the sum so payable is not a traffic contravention debt.

2

“Traffic contravention debt” has the meaning given by section 82(2) of the Traffic Management Act 2004.

4

After paragraph 19 insert—

19A

1

This paragraph applies if these conditions are met—

a

the enforcement agent has power to enter the premises under paragraph 16;

b

the enforcement agent has taken control of the goods by entering into a controlled goods agreement with the debtor;

c

the debtor has failed to comply with any provision of the controlled goods agreement relating to the payment by the debtor of the debt;

d

the debtor has been given notice of the intention of the enforcement agent to enter the premises to inspect the goods or to remove them for storage or sale;

e

neither paragraph 18 nor paragraph 19 applies.

2

For the purposes of a notice under sub-paragraph (1)(d), regulations must state—

a

the minimum period of notice;

b

the form of the notice;

c

what it must contain;

d

how it must be given;

e

who must give it.

3

The enforcement agent must keep a record of the time when a notice under sub-paragraph (1)(d) is given.

4

If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.

5

The order may be subject to conditions.

5

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

6

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

7

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

8

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

a

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

b

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

9

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

a

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

b

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

c

in paragraph 85 (amendment of section 436 of the Insolvency Act 1986) for “436” substitute “436(1)”,

d

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

e

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

26Payment of fines and other sums

1

In the Magistrates’ Courts Act 1980 after section 75 insert—

75ACosts of collecting sums adjudged to be paid by a conviction

1

Where a sum is adjudged to be paid by a conviction, the person liable to pay the sum is also liable to pay amounts in respect of costs of doing things for the purpose of collecting sums of that kind.

2

Where the person is charged such an amount, the sum adjudged to be paid is treated as increased by that amount.

3

No such amount may be charged unless a collection order or other notice of the person’s liability to pay such amounts has been served on the person.

4

Where time has been allowed for payment of the sum, no such amount may be charged before the end of that time.

5

Where payment is to be by instalments, no such amount may be charged—

a

before the first occasion on which there is default in the payment of an instalment, or

b

at any other time when the instalments are up to date.

6

No such amount may be charged in respect of costs that may be recovered under paragraph 62 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (costs related to taking control of goods and selling them).

7

This section applies in relation to a sum even if a collection order is in force in relation to the sum.

2

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

36AAll functions of fines officers may be contracted-out

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

3

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

ca

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

4

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

5

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

5

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

6

In that Act after section 139 insert—

139ADisposal of amounts received in respect of collection costs

1

The Secretary of State may give directions requiring that money received on account of an amount charged as mentioned in section 75A is to be paid to the person who charged the amount.

2

For the purposes of this section, money is received on account of an amount charged as mentioned in section 75A if—

a

the money is received on account of a sum whose amount has been increased under that section,

b

the total received on account of the sum is more than the figure the sum would be if increases under that section are excluded, and

c

the money is—

i

the balance after deducting that figure from the total received, or

ii

if less, so much of that balance as equals the amount charged.

3

Directions under this section—

a

may be general or apply only in cases specified in them;

b

may make different provision for different purposes;

c

may be revoked by directions given by the Secretary of State.

7

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

ba

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

8

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

27Disclosure of information to facilitate collection of fines and other sums

1

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

2

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

3

Accordingly, after paragraph 9 insert—

PART 3ADISCLOSURE OF INFORMATION, AND MEANING OF “RELEVANT BENEFIT” ETC

4

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

5

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

9A

1

The Secretary of State or a Northern Ireland department, or a person providing services to the Secretary of State or a Northern Ireland department, may disclose social security information to a relevant person.

1A

Her Majesty’s Revenue and Customs, or a person providing services to the Commissioners for Her Majesty’s Revenue and Customs, may disclose finances information to a relevant person.

1B

The disclosure authorised by sub-paragraph (1) or (1A) is disclosure of the information concerned for the purpose of facilitating the making, by the relevant court or a fines officer, of any of the following—

a

a decision as to whether to make an attachment of earnings order in respect of P,

b

a decision as to whether to make an application for benefit deductions in respect of P, and

c

such an order or application.

2

In this paragraph—

“finances information” means information which—

a

is about a person’s income, gains or capital, and

b

is held—

i

by Her Majesty’s Revenue and Customs, or

ii

by a person providing services to the Commissioners for Her Majesty’s Revenue and Customs in connection with the provision of those services,

or information which is held with information so held;

“social security information” means information which is held for the purposes of functions relating to social security—

a

by the Secretary of State or a Northern Ireland Department, or

b

by a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services,

or information which is held with information so held.

2A

The reference in sub-paragraph (2) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).

3

In this paragraph “relevant person” means a person who is appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4).

6

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

a

for “9A(3)” substitute “9A”, and

b

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

7

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

8

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

a

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

b

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

or use—

i

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

ii

9

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

liable—

a

on conviction on indictment—

i

to imprisonment for a term not exceeding 2 years, or

ii

to a fine, or

iii

to both;

b

on summary conviction—

i

to imprisonment for a term not exceeding 12 months, or

ii

to a fine not exceeding the statutory maximum, or

iii

to both.

10

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

6

Sub-paragraph (5)(b) applies in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on power of magistrates’ courts to impose imprisonment) as if the reference to 12 months were a reference to 6 months.

7

A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.

11

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

12

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

a

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

b

after sub-paragraph (3) insert—

3A

Relevant court” has the same meaning as in Part 3 of this Schedule.

3B

In paragraphs 9A and 10 (as in the provisions of this Schedule which extend to England and Wales only)—

“fines officer” has the meaning given by section 36;

“P” has the meaning given by paragraph 1.

13

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

14

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

to imprisonment for a period not exceeding 12 months, or

ii

to a fine not exceeding the statutory maximum, or

iii

to both.

8

Subsection (7)(b) applies—

a

in England and Wales in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s power to impose imprisonment), and

b

in Northern Ireland,

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

9

A prosecution for an offence under subsection (5)—

a

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

b

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

10

In this section—

“fee-remission application” means an application for any relief available to recipients of a social security benefit, or tax credit, from fees under any of—

section 92 of the Courts Act 2003 (court fees),

section 52 of the Constitutional Reform Act 2005 (Supreme Court fees),

section 54 of the Mental Capacity Act 2005 (Court of Protection fees),

section 58 of that Act (Public Guardian fees),

section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal fees),

paragraph 9 of Schedule 12 to the Commonhold and Leasehold Reform Act 2002 (leasehold valuation tribunal fees),

paragraph 11 of Schedule 13 to the Housing Act 2004 (residential property tribunal fees), and

section 7 of the Gender Recognition Act 2004 (Gender Recognition Panel fees);

“finances information” means information which—

is about a person’s income, gains or capital, and

is held—

by Her Majesty’s Revenue and Customs, or

by a person providing services to the Commissioners for Her Majesty’s Revenue and Customs, in connection with the provision of those services;

“relevant person” means—

the Lord Chancellor,

the Secretary of State,

a person providing services to the Lord Chancellor or to the Secretary of State,

any of the officers or staff of the Supreme Court, or

any of the officers or staff of, or a person providing services to, the Public Guardian appointed for the purposes of the Mental Capacity Act 2005;

“social security information” means information which is held for the purposes of functions relating to social security—

by the Secretary of State or a Northern Ireland Department, or

by a person providing services to the Secretary of State or a Northern Ireland Department, in connection with the provision of those services,

or information which is held with information so held;

“tax credit information” means information as to whether a person has been awarded child tax credit or working tax credit which is held—

by Her Majesty’s Revenue and Customs, or

by a person providing services to the Commissioners for Her Majesty’s Revenue and Customs, in connection with the provision of those services.

29Supreme Court chief executive, officers and staff

1

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

2

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

2

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

3

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

a

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

b

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

4

After subsection (2) insert—

2A

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

5

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

30Supreme Court security officers

1

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

Court security

51ASecurity officers

1

A Supreme Court security officer is a person who is—

a

appointed by the President of the Supreme Court under section 49(1) or provided under a contract, and

b

designated by the President as a Supreme Court security officer.

2

The President may give directions as to—

a

training courses to be completed by Supreme Court security officers;

b

conditions to be met before a person may be designated as a Supreme Court security officer.

3

For the purposes of sections 51B to 51E, a Supreme Court security officer who is not readily identifiable as such (whether by means of uniform or badge or otherwise) is not to be regarded as acting in the execution of the officer’s duty.

4

In those sections “court building” means any building—

a

where the business of the Supreme Court, or of the Judicial Committee of the Privy Council, is carried on, and

b

to which the public has access.

51BPowers of search, exclusion, removal and restraint

1

A Supreme Court security officer acting in the execution of the officer’s duty may search—

a

any person who is in, or seeking to enter, a court building, and

b

any article in the possession of such a person.

2

Subsection (1) does not authorise a Supreme Court security officer to require a person to remove any of the person’s clothing other than a coat, jacket, headgear, gloves or footwear.

3

A Supreme Court security officer acting in the execution of the officer’s duty may exclude or remove from a court building, or a part of a court building, any person who refuses—

a

to permit a search under subsection (1), or

b

to surrender an article in the person’s possession when asked to do so under section 51C(1).

4

A Supreme Court security officer acting in the execution of the officer’s duty may—

a

restrain any person who is in a court building, or

b

exclude or remove any person from a court building, or a part of a court building,

if it is reasonably necessary to do so for one of the purposes given in subsection (5).

5

The purposes are—

a

enabling business of the Supreme Court, or of the Judicial Committee of the Privy Council, to be carried on without interference or delay;

b

maintaining order;

c

securing the safety of any person in the court building.

6

A Supreme Court security officer acting in the execution of the officer’s duty may remove any person from a courtroom at the request of—

a

a judge of the Supreme Court, or

b

a member of the Judicial Committee of the Privy Council.

7

The powers given by subsections (3), (4) and (6) include power to use reasonable force, where necessary.

51CSurrender, seizure and retention of knives and other articles

1

If a Supreme Court security officer acting in the execution of the officer’s duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (2), the officer must ask the person to surrender the article; and, if the person refuses to surrender the article, the officer may seize it.

2

The grounds are that the article—

a

may jeopardise the maintenance of order in the court building (or a part of it),

b

may put the safety of any person in the court building at risk, or

c

may be evidence of, or in relation to, an offence.

3

Subject to subsection (4), a Supreme Court security officer may retain an article which was—

a

surrendered in response to a request under subsection (1), or

b

seized under that subsection,

until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.

4

If a Supreme Court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, the officer may retain it until—

a

the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or

b

the end of the permitted period,

whichever is the later.

5

In subsection (4) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme Court security officer to draw the article to the attention of a constable.

6

Subsections (3) to (5) do not apply where a knife is—

a

surrendered to a Supreme Court security officer in response to a request under subsection (1), or

b

seized by a Supreme Court security officer under that subsection,

but, instead, the knife must be retained in accordance with regulations under section 51D(3) unless returned or disposed of in accordance with those regulations or regulations under section 51D(1).

7

If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable.

8

In this section “knife” includes—

a

a knife-blade, and

b

any other article which—

i

has a blade or is sharply pointed, and

ii

is made or adapted for use for causing injury to the person.

51DRegulations about retention of knives and other articles

1

The Lord Chancellor may by regulations make provision as to—

a

the provision to persons—

i

by whom articles have been surrendered in response to a request under subsection (1) of section 51C, or

ii

from whom articles have been seized under that subsection,

of written information about the powers of retention of Supreme Court security officers,

b

the keeping of records about articles which have been so surrendered or seized,

c

the period for which unclaimed articles have to be kept, and

d

the disposal of unclaimed articles at the end of that period.

2

In subsection (1) “unclaimed article” means an article—

a

which has been retained under section 51C,

b

which a person is entitled to have returned,

c

which has not been returned, and

d

whose return has not been requested by a person entitled to it.

3

Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to—

a

the procedure to be followed when a knife is retained under section 51C;

b

the making of requests by eligible persons for the return of knives so retained;

c

the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.

4

In subsection (3)—

“eligible person”, in relation to a knife retained under section 51C, means—

a

the person who surrendered the knife under subsection (1) of section 51C or from whom the knife was seized under that subsection, or

b

any other person specified in regulations under subsection (3);

“knife” has the same meaning as in section 51C.

51EAssaulting and obstructing Supreme Court security officers

1

Any person who assaults a Supreme Court security officer acting in the execution of the officer’s duty commits an offence.

2

A person guilty of an offence under subsection (1) is liable on summary conviction—

a

to imprisonment for a term not exceeding 12 months, or

b

to a fine not exceeding level 5 on the standard scale, or

c

to both.

3

Subsection (2) applies—

a

in England and Wales in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s power to impose imprisonment), and

b

in Northern Ireland,

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

4

A person who resists or wilfully obstructs a Supreme Court security officer acting in the execution of the officer’s duty commits an offence.

5

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

2

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

31Making, and use, of recordings of Supreme Court proceedings

1

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

2

After subsection (1) insert—

1A

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

3

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

a

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

b

for “if granted may” substitute

if granted—

a

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

c

after “leave; and” insert—

b

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

and

4

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

d

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

32Enabling the making, and use, of films and other recordings of proceedings

other photographs, and

sketches and portraits;

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

6

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

7

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

1A

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

8

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

5

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

33Abolition of scandalising the judiciary as form of contempt of court

1

This section applies where the court decides to award exemplary damages under section 34.

2

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

a

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

b

the amount must be proportionate to the seriousness of the conduct.

3

The court must take account of these matters in determining the amount of exemplary damages—

a

the nature and extent of any loss or harm caused, or intended to be caused, by the defendant’s conduct;

b

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

4

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

5

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

37Multiple claimants

1

This section applies where a relevant publisher—

a

is a defendant to a relevant claim, and

b

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

2

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

3

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

4

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

5

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

38Multiple defendants

1

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

2

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

3

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

39Awards of aggravated damages

1

This section applies where—

a

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

b

the defendant was a relevant publisher at the material time,

c

the claim is related to the publication of news-related material, and

d

the defendant is found liable in respect of the claim.

2

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

3

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

a

are awarded against a person in respect of the person’s motive or exceptional conduct, but

b

are not exemplary damages or restitutionary damages.

4

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

This section is not to be read as limiting any power to make rules of court.

6

This section does not apply until such time as a body is first recognised as an approved regulator.

41Meaning of “relevant publisher”

1

In sections 34 to 40, “relevant publisher” means a person who, in the course of a business (whether or not carried on with a view to profit), publishes news-related material—

a

which is written by different authors, and

b

which is to any extent subject to editorial control.

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

2

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

a

the content of the material,

b

how the material is to be presented, and

c

the decision to publish it.

3

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

4

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

5

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

6

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

7

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

by any other means;

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

10

A reference to “conduct” includes a reference to omissions; and a reference to a person’s conduct includes a reference to a person’s conduct after the events giving rise to the claim concerned.

Self-defence

43Use of force in self-defence at place of residence

1

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

2

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

5A

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

3

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

4

After subsection (8) insert—

8A

For the purposes of this section “a householder case” is a case where—

a

the defence concerned is the common law defence of self-defence,

b

the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),

c

D is not a trespasser at the time the force is used, and

d

at that time D believed V to be in, or entering, the building or part as a trespasser.

8B

Where—

a

a part of a building is a dwelling where D dwells,

b

another part of the building is a place of work for D or another person who dwells in the first part, and

c

that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.

8C

Where—

a

a part of a building is forces accommodation that is living or sleeping accommodation for D,

b

another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and

c

that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.

8D

Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).

8E

The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).

8F

In subsections (8A) to (8C)—

“building” includes a vehicle or vessel, and

“forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.

5

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

6

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

Community and other non-custodial sentencing

44Dealing non-custodially with offenders

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

Deferred prosecution agreements

45Deferred prosecution agreements

Schedule 17 makes provision about deferred prosecution agreements.

Proceeds of crime

46Restraint orders and legal aid

1

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

2

After subsection (2) insert—

2A

A restraint order must be made subject to an exception enabling relevant legal aid payments to be made (a legal aid exception).

2B

A relevant legal aid payment is a payment that the specified person is obliged to make—

a

by regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and

b

in connection with services provided in relation to an offence which falls within subsection (5),

whether the obligation to make the payment arises before or after the restraint order is made.

3

In subsection (3)—

a

after “subject to” insert “other”, and

b

omit paragraph (c).

4

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

5

After subsection (5) insert—

5A

A legal aid exception—

a

must be made subject to prescribed restrictions (if any) on—

i

the circumstances in which payments may be made in reliance on the exception, or

ii

the amount of the payments that may be made in reliance on the exception,

b

must be made subject to other prescribed conditions (if any), and

c

may be made subject to other conditions.

5B

Any other exception to a restraint order may be made subject to conditions.

6

After subsection (9) insert—

10

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

7

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

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

b

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

c

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

d

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

e

provision about powers of entry, search and seizure;

f

provision about the payment of compensation by the Lord Chancellor;

g

provision about the disclosure and use of documents, information and other evidence.

3

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

a

provision conferring, removing or otherwise modifying a function;

b

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

4

In this section—

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

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

“relevant legal aid payment” means—

a payment that is a relevant legal aid payment for the purposes of section 41 of the 2002 Act, and

a payment that would be such a payment if a restraint order were made.

5

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

48Civil recovery of the proceeds etc of unlawful conduct

1

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

2

After section 282 insert—

Scope of powers

282AScope of powers

1

An order under this Chapter may be made by the High Court in England and Wales or the Court of Session—

a

in respect of property wherever situated, and

b

in respect of a person wherever domiciled, resident or present,

subject to subsection (2).

2

Such an order may not be made by the High Court in England and Wales or the Court of Session in respect of—

a

property that is outside the United Kingdom, or

b

property that is in the United Kingdom but outside the relevant part of the United Kingdom,

unless there is or has been a connection between the case and the relevant part of the United Kingdom.

3

The circumstances in which there is or has been such a connection include those described in Schedule 7A.

4

“The relevant part of the United Kingdom” means—

a

in relation to an order made by the High Court in England and Wales, England and Wales, and

b

in relation to an order made by the Court of Session, Scotland.

3

After Schedule 7 insert—

Schedule 7AConnection with relevant part of United Kingdom

Section 282A

1Unlawful conduct

There is a connection where the unlawful conduct occurred entirely or partly in the relevant part of the United Kingdom.

Property

2

There has been a connection where the property in question has been in the relevant part of the United Kingdom, but only if it was recoverable property in relation to the unlawful conduct for some or all of the time it was there.

3

There is a connection where there is other property in the relevant part of the United Kingdom that is recoverable property in relation to the unlawful conduct.

4

There has been a connection where, at any time, there has been other property in the relevant part of the United Kingdom that, at the time, was recoverable property in relation to the unlawful conduct.

5Person

1

There is or has been a connection where a person described in sub-paragraph (2)—

a

is linked to the relevant part of the United Kingdom,

b

was linked to that part of the United Kingdom at a time when the unlawful conduct, or some of the unlawful conduct, was taking place, or

c

has been linked to that part of the United Kingdom at any time since that conduct took place.

2

Those persons are—

a

a person whose conduct was, or was part of, the unlawful conduct;

b

a person who was deprived of property by the unlawful conduct;

c

a person who holds the property in question;

d

a person who has held the property in question, but only if it was recoverable property in relation to the unlawful conduct at the time;

e

a person who holds other property that is recoverable property in relation to the unlawful conduct;

f

a person who, at any time, has held other property that was recoverable property in relation to the unlawful conduct at the time.

3

A person is linked to the relevant part of the United Kingdom if the person is—

a

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

b

a person who, under the British Nationality Act 1981, is a British subject,

c

a British protected person within the meaning of that Act,

d

a body incorporated or constituted under the law of any part of the United Kingdom, or

e

a person domiciled, resident or present in the relevant part of the United Kingdom.

6Property held on trust

1

There is a connection where the property in question is property held on trust, or an interest in property held on trust, and—

a

the trust arises under the law of any part of the United Kingdom,

b

the trust is entirely or partly governed by the law of any part of the United Kingdom,

c

one or more of the trustees is linked to the relevant part of the United Kingdom, or

d

one or more of the beneficiaries of the trust is linked to the relevant part of the United Kingdom.

2

A person is linked to the relevant part of the United Kingdom if the person falls within paragraph 5(3).

3

“Beneficiaries” includes beneficiaries with a contingent interest in the trust property and potential beneficiaries.

Interpretation

7

“The relevant part of the United Kingdom” has the meaning given in section 282A(4).

8

“The unlawful conduct” means—

a

in a case in which the property in question was obtained through unlawful conduct, that conduct,

b

in a case in which the property in question represents property obtained through unlawful conduct, that conduct, or

c

in a case in which it is shown that the property in question was obtained through unlawful conduct of one of a number of kinds or represents property so obtained (see section 242(2)(b)), one or more of those kinds of conduct.

4

Omit section 286 (scope of powers: Scotland).

5

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

8B

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

6

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

a

Part 1 makes provision about the enforcement of interim orders in the United Kingdom, and

b

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

7

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

8

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

49Investigations

In Schedule 19 (proceeds of crime: investigations)—

a

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

b

Part 2 makes provision about obtaining evidence overseas, and

c

Part 3 makes consequential amendments relating to immigration officers and to the National Crime Agency.

Extradition

50Extradition

Schedule 20 (extradition) has effect.

Part 3Miscellaneous and general

Border control

51Immigration cases: appeal rights; and facilitating combined appeals

1

In section 84(1)(b) of the Nationality, Immigration and Asylum Act 2002 (grounds of appeal: decision unlawful because of race discrimination etc by Northern Ireland public authority) after “1997” insert “or by virtue of section 29 of the Equality Act 2010 (discrimination in the exercise of public functions etc) so far as relating to race as defined by section 9(1) of that Act”.

2

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

a

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

b

in the title, for “96 to” substitute “97 and”.

3

For section 47(1) of the Immigration, Asylum and Nationality Act 2006 (decision that person is to be removed from the United Kingdom may be made while person can bring appeal) substitute—

1

Where the Secretary of State gives written notice of a pre-removal decision to the person affected, the Secretary of State may—

a

in the document containing that notice,

b

in a document enclosed in the same envelope as that document,

c

otherwise on the occasion when that notice is given to the person, or

d

at any time after that occasion but before an appeal against the pre-removal decision is brought under section 82(1) of the Nationality, Immigration and Asylum Act 2002,

also give the person written notice that the person is to be removed from the United Kingdom under this section in accordance with directions given by an immigration officer if and when the person’s leave to enter or remain in the United Kingdom expires.

1A

In subsection (1) “pre-removal decision” means—

a

a decision on an application—

i

for variation of limited leave to enter or remain in the United Kingdom, and

ii

made before the leave expires,

b

a decision to revoke a person’s leave to enter or remain in the United Kingdom, or

c

a decision to vary a person’s leave to enter or remain in the United Kingdom where the variation will result in the person having no leave to enter or remain in the United Kingdom.

52Appeals against refusal of entry clearance to visit the UK

1

Section 88A of the Nationality, Immigration and Asylum Act 2002 as inserted by the 2006 Act (appeals against refusal of entry clearance) is amended in accordance with subsections (3) to (5).

2

In section 4(1) of the 2006 Act, the section 88A to be inserted into the Nationality, Immigration and Asylum Act 2002 is amended in accordance with subsections (3) to (5).

3

In section 88A(1) omit paragraph (a) (power to allow the making of appeals by certain visitors).

4

In section 88A(2) omit paragraph (a) (provision supplementing subsection (1)(a)).

5

In section 88A(2)(c) (provision supplementing subsection (1)(a) and (b)) for “circumstances of the applicant, of the person whom the applicant seeks to visit or” substitute “circumstances of the applicant or of the person”.

6

In section 4(3)(e) of the 2006 Act for “88A(1)(a) or (b)” substitute “88A(1)(b)”.

7

After the coming into force of this subsection, the power under section 62 of the 2006 Act (power to make commencement orders) so far as exercisable in relation to section 4(1) of the 2006 Act is power to provide for the coming into force of section 4(1) of the 2006 Act as amended by this section.

8

In this section “the 2006 Act” means the Immigration, Asylum and Nationality Act 2006.

53Restriction on right of appeal from within the United Kingdom

1

The Nationality, Immigration and Asylum Act 2002 is amended as follows.

2

In section 92 (appeals from within the United Kingdom: general), after subsection (2) insert—

2A

So far as it relates to an immigration decision of a kind specified in section 82(2)(e), subsection (2) is subject to section 97B.

3

After section 97A insert—

97BVariation of leave on grounds of public good: rights of appeal

1

This section applies to an immigration decision of a kind referred to in section 82(2)(e) if the Secretary of State, acting in person, certifies that the decision is or was taken wholly or partly on the ground that it is no longer conducive to the public good for the person to have leave to enter or remain in the United Kingdom.

2

If the person concerned is outside the United Kingdom when the immigration decision is taken, an appeal under section 82(1) against that decision may be brought only from outside the United Kingdom.

3

Accordingly, the person concerned may not enter the United Kingdom for the purposes of an appeal against that decision and the person’s appeal against that decision is not one of a kind to which section 92 applies.

54Deportation on national security grounds: appeals

1

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

2

After subsection (1) insert—

1A

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

3

For subsection (2)(c) substitute—

c

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

4

After subsection (2) insert—

2A

The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997—

a

against the decision to make the deportation order, or

b

against any refusal to revoke the deportation order,

unless the person has made a human rights claim while in the United Kingdom.

2B

Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person—

a

to the country or territory to which the person is proposed to be removed, and

b

despite the appeals process not having been begun or not having been exhausted,

would not breach the United Kingdom’s obligations under the Human Rights Convention.

2C

The grounds upon which a certificate may be given under subsection (2B) include (in particular)—

a

that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed;

b

that the whole or part of any human rights claim made by the person is clearly unfounded.

2D

Subsection (2A) does not allow the person while in the United Kingdom to bring an appeal on a non-human-rights ground, or to continue an appeal so far as brought on non-human-rights grounds, if the Secretary of State certifies that removal of the person—

a

to the country or territory to which the person is proposed to be removed, and

b

despite the appeals process, so far as relating to appeal on non-human-rights grounds, not having been begun or not having been exhausted,

would not breach the United Kingdom’s obligations under the Human Rights Convention.

2E

In subsection (2D) “non-human-rights ground” means any ground other than the ground that removal of the person from the United Kingdom in consequence of the decision to make the deportation order would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with a person’s Convention rights.

2F

If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate.

2G

If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings.

2H

The Commission’s determination of a review under subsection (2F) is final.

2J

The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission.

2K

Sections 5 and 6 of the Special Immigration Appeals Commission Act 1997 apply in relation to reviews under subsection (2F) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals).

2L

Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously.

5

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

55Powers of immigration officers

1

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

ha

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

2

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

ma

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

3

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

4

In the 2002 Act—

a

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

aa

an immigration officer;

b

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

aa

an immigration officer, or

c

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

aa

an immigration officer, or

5

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

a

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

e

an immigration officer.

b

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

ca

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

c

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

c

an immigration officer.

d

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

d

an immigration officer.

e

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

ba

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

6

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

a

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

a

unlawful conduct”, in or in relation to section 289, means conduct which—

i

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

ii

is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment,

and (in either case) constitutes an offence,

b

after subsection (2) insert—

2A

In subsection (2)(a)(ii) “relevant nationality enactment” means any enactment in—

a

the British Nationality Act 1981,

b

the Hong Kong Act 1985,

c

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

d

the British Nationality (Hong Kong) Act 1997,

e

the British Overseas Territories Act 2002, or

f

an instrument made under any of those Acts.

7

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

8

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

a

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

b

in exercising a function under, or for the purposes of—

i

the British Nationality Act 1981,

ii

the Hong Kong Act 1985,

iii

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

iv

the British Nationality (Hong Kong) Act 1997,

v

the British Overseas Territories Act 2002,

vi

an instrument made under any of those Acts, or

c

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

i

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

ii

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

9

The Criminal Law (Consolidation) (Scotland) Act 1995 is amended in accordance with subsections (10) to (12).

10

In section 24 of the 1995 Act (detention and questioning at office of Revenue and Customs)—

a

in subsection (1), in the words before paragraph (a), for the words from the beginning to “the officer may” substitute—

A1

The powers conferred by subsection (1) are exercisable—

a

by an officer of Revenue and Customs where the officer has reasonable grounds for suspecting that a person has committed or is committing a Revenue and Customs offence punishable by imprisonment, or

b

by an immigration officer where the officer has reasonable grounds for suspecting that a person has committed or is committing an immigration offence or nationality offence punishable by imprisonment.

1

The officer may

b

in subsection (1), in the words after paragraph (b)—

i

after “Customs” (in the first place) insert “(in a case falling within subsection (A1)(a)) or police station (in a case falling within subsection (A1)(b)”;

ii

after “premises” (in the first place) insert “(in either of those cases)”;

iii

for “or, as the case may be,” substitute “or police station, or”;

iv

at the end insert “(as the case may be)”.

11

In section 26A of the 1995 Act (power of arrest)—

a

the existing provision becomes subsection (1) of section 26A;

b

in subsection (1), for “an authorised officer” substitute “an authorised officer of Revenue and Customs”;

c

after subsection (1) insert—

2

Where an authorised immigration officer has reasonable grounds for suspecting that an immigration offence or nationality offence or immigration enforcement offence has been or is being committed, the officer may arrest without warrant any person whom the officer has reasonable grounds for suspecting to be guilty of the offence.

3

In this section—

a

“authorised officer of Revenue and Customs” means an officer of Revenue and Customs acting with the authority (which may be general or specific) of the Commissioners for Her Majesty’s Revenue and Customs;

b

“authorised immigration officer” means an immigration officer acting with the authority (which may be general or specific) of the Secretary of State.

12

In section 26B of the 1995 Act (interpretation of Part 3 etc), in subsection (1), after the definition of “authorised officer” insert—

“immigration offence” means an offence involving conduct which relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement);

“immigration enforcement offence” means any of the following offences (insofar as they are not immigration or nationality offences)—

a

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

b

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

“nationality offence” means an offence involving conduct which is undertaken for the purposes of, or otherwise in relation to, an enactment in—

a

the British Nationality Act 1981,

b

the Hong Kong Act 1985,

c

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

d

the British Nationality (Hong Kong) Act 1997,

e

the British Overseas Territories Act 2002, or

f

an instrument made under any of those Acts.

13

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

a

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

bb

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

b

after subsection (1A) insert—

1AA

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

c

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

this Act—

a

a certificate of the Commissioners for Her Majesty’s Revenue and Customs that an officer of Revenue of Customs, or

b

a certificate of the Secretary of State that an immigration officer,

had the authority

14

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

Drugs and driving

56Drugs and driving

1

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

5ADriving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit

1

This section applies where a person (“D”)—

a

drives or attempts to drive a motor vehicle on a road or other public place, or

b

is in charge of a motor vehicle on a road or other public place,

and there is in D’s body a specified controlled drug.

2

D is guilty of an offence if the proportion of the drug in D’s blood or urine exceeds the specified limit for that drug.

3

It is a defence for a person (“D”) charged with an offence under this section to show that—

a

the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,

b

D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and

c

D’s possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).

4

The defence in subsection (3) is not available if D’s actions were—

a

contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or

b

contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.

5

If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

6

It is a defence for a person (“D”) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D’s blood or urine remained likely to exceed the specified limit for that drug.

7

The court may, in determining whether there was such a likelihood, disregard any injury to D and any damage to the vehicle.

8

In this section, and in sections 3A, 6C(1), 6D and 10, “specified” means specified in regulations made—

a

by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;

b

by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.

9

A limit specified under subsection (2) may be zero.

2

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

a

before the definition of “drug” insert—

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

b

at the end insert—

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

3

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

4

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

RTA section 5A(1)(a) and (2)

Driving or attempting to drive with concentration of specified controlled drug above specified limit.

Summarily.

On conviction in England and Wales: 51 weeks or level 5 on the standard scale or both. On conviction in Scotland: 6 months or level 5 on the standard scale or both.

Obligatory.

Obligatory.

3-11

RTA section 5A(1)(b) and (2)

Being in charge of a motor vehicle with concen-tration of specified controlled drug above specified limit.

Summarily.

On conviction in England and Wales: 51 weeks or level 4 on the standard scale or both. On conviction in Scotland: 3 months or level 4 on the standard scale or both.

Discretionary.

Obligatory.

10

5

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

6

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

7

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

Public order

57Public order offences

1

The Public Order Act 1986 is amended as follows.

2

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

3

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

General

58Orders and regulations

1

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

2

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

3

Schedule 23 (super-affirmative procedure) has effect.

4

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

a

an order under paragraph 33 or 34 of Schedule 3;

b

regulations under paragraph 5 of Schedule 5;

c

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

d

an order under section 13;

e

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

f

an order under paragraph 87 of Schedule 13;

g

an order under section 32(1);

h

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

i

regulations under section 47;

j

an order under section 59 which amends or repeals any provision of primary legislation;

k

an order under section 61 bringing anything in Part 4 of Schedule 16 into force or bringing section 44 into force so far as relating to anything in that Part of that Schedule, other than an order which makes the provision permitted by section 61(8) or (9);

l

an order under paragraph 5 of Schedule 24.

5

A statutory instrument made by the Secretary of State or Lord Chancellor containing any of the following is subject to annulment in pursuance of a resolution of either House of Parliament—

a

regulations under paragraph 1 of Schedule 4;

b

an order under paragraph 27 or 28 of Schedule 5 which does not amend or repeal any provision of primary legislation;

c

regulations under paragraph 5 of Schedule 6;

d

regulations under section 14;

e

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

f

an order under paragraph 1, 2, 3 or 4 of Schedule 24;

g

an order under Schedule 25.

6

Subsection (5) does not apply to a statutory instrument that is subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament.

7

Any provision that may be made by the Secretary of State by order under this Act may be made by the Secretary of State by regulations (and where, in reliance on this subsection, provision is made by regulations instead of by order, this Act applies in relation to the regulations as it would otherwise apply in relation to the order).

8

Any provision that may be made by the Secretary of State by regulations under this Act may be made by the Secretary of State by order (and where, in reliance on this subsection, provision is made by order instead of by regulations, this Act applies in relation to the order as it would otherwise apply in relation to the regulations).

9

An order made by the Scottish Ministers under paragraph 27 or 28 of Schedule 5 is subject to the negative procedure unless it amends or repeals any provision of primary legislation, in which case it is subject to the affirmative procedure.

10

An order made by the Department of Justice in Northern Ireland under paragraph 27 or 28 of Schedule 5 is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

11

A statutory rule containing such an order is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954) unless it amends or repeals any provision of primary legislation, in which case it may not be made unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

12

An order or regulations made under this Act by the Secretary of State, the Lord Chancellor, the Scottish Ministers or the Department of Justice in Northern Ireland may—

a

make different provision for different purposes or areas,

b

include supplementary, incidental or consequential provision, or

c

make transitional, transitory or saving provision.

13

In this section—

“primary legislation” means—

an Act of Parliament,

an Act of the Scottish Parliament,

a Measure or Act of the National Assembly for Wales, or

Northern Ireland legislation;

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

59Consequential amendments

1

The Secretary of State or Lord Chancellor may by order make such provision as the Secretary of State or Lord Chancellor (as the case may be) considers appropriate in consequence of this Act.

2

The power to make an order under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment.

3

In this section “enactment” means an enactment whenever passed or made, and includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation.

60Transitional, transitory or saving provision

The Secretary of State or Lord Chancellor may by order make such transitional, transitory or saving provision as the Secretary of State or Lord Chancellor (as the case may be) considers appropriate—

a

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

b

where Part 4 of Schedule 16 and section 44 so far as relating to that Part of that Schedule are brought into force in relation to a specified area for a specified period, in connection with those provisions ceasing to be in force at the end of that period or at the end of that period as continued under section 61(9).

The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.

23

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

SCHEDULES

SCHEDULE 1The NCA & NCA officers

Section 1

Part 1The NCA

1Functions exercisable on behalf of Crown

NCA functions are exercisable on behalf of the Crown.

2Efficiency and effectiveness

It is the duty of the Director General to secure that NCA functions are discharged efficiently and effectively.

3Financial year

1

The first financial year of the NCA is the period that—

a

begins with the day on which section 1 comes into force, and

b

ends with the following 31 March.

2

After that, the financial year of the NCA is the period of 12 months ending with 31 March.

4Charging

1

3

If an NCA officer suspects that an offence has been committed (or is being committed) in Scotland, the NCA officer must report the matter to the procurator fiscal (or ensure that the matter is so reported by another NCA officer) as soon as is practicable.

Part 2NCA officers

7Selection and appointment of the Director General

1

The Secretary of State is to select and appoint the Director General, after consultation with—

a

the Scottish Ministers, and

b

the Department of Justice in Northern Ireland.

2

A person may not be appointed as Director General unless the Secretary of State is satisfied that the person—

a

is capable of effectively exercising operational powers; and

b

is a suitable person to exercise operational powers.

3

A person need not be an NCA officer before appointment as the Director General.

4

The Director General is to hold and vacate office in accordance with the terms and conditions of the appointment (subject to paragraph 8).

5

The terms and conditions of an appointment as Director General are to be determined by the Secretary of State.

6

The terms and conditions of an appointment as Director General must provide for that appointment to last for a period which does not exceed 5 years; and a person who has previously been, or currently is, Director General may be appointed again as Director General.

7

Sections 10 to 14 of the Constitutional Reform and Governance Act 2010 (appointments of civil servants) do not apply to the appointment of the Director General.

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

9Selection of other NCA officers for appointment

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.

10Delegation of Director General’s functions

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.

11Continuity

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.

12Persons with operational powers who become NCA officers

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.

13Secondments to NCA

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.

14Secondments by NCA

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).

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 2The framework document & annual report

Section 4

Part 1The framework document

1The document

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.

2Duty to issue document

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).

3Duty to have regard to document

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.

4Role of Director General

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).

5Consultation with devolved administrations

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.

6Publication & distribution

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

c

lay the framework document before Parliament.

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 2The annual report

7Duty to issue report

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.

8Publication & distribution

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 3Relationships between NCA and other agencies

Section 5

Part 1Co-operation

1Duty to co-operate

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

c

members of Her Majesty’s coastguard,

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

3

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

a

constables in UK police forces;

b

officers of Revenue and Customs;

c

immigration officers;

d

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

e

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.

2Co-operation arrangements

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 2Exchange of information

3Duty to keep NCA informed & disclose information: police forces

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

c

functions conferred by the Proceeds of Crime Act 2002.

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.

4Duty to keep police forces informed

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.

5Duty to keep NCA informed: government bodies

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).

6Duty to keep government bodies informed

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.

7Meaning of “specified body” & “relevant function”

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.

Specified bodies	Relevant functions
The Secretary of State.	Functions relating to immigration, nationality or customs.
The Director of Border Revenue.	All functions.
The Director of the Serious Fraud Office.	Investigatory functions (but not any prosecution functions).

Part 3Assistance within the UK

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.

9Voluntary assistance to NCA: the UK

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.

10Directed assistance by NCA: England and Wales police etc

1

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

a

an England and Wales police force,

b

a special police force,

c

the Commissioners for Her Majesty’s Revenue and Customs;

d

the Director of the Serious Fraud Office;

e

the Director of Border Revenue;

f

any other person operating—

i

in England, or

ii

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.

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).

12Directed assistance by NCA: Scotland

1

16When is it appropriate for a person to receive directed assistance?

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.

17Voluntary or directed assistance: particular assistance that may be provided

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);

c

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

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.

the chief constable of that police force.

20Voluntary arrangements: the metropolitan police force

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.

21Voluntary arrangements: the City of London police force

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.

22Voluntary arrangements: immigration or customs facilities

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, or

functions of an immigration officer;

“relevant person” means—

the Secretary of State, or

the Director of Border Revenue.

23Directed arrangements: England and Wales police forces

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.

24Voluntary arrangements: Police Service of Northern Ireland

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.

25Directed arrangements: Police Service of Northern Ireland

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.

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.

32The “appropriate amount”

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, and

any 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, and

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

34Duty to provide information etc: power to amend specified bodies etc

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);

c

provision removing from the relevant table provision made by virtue of sub-paragraph (a) or (b).

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.

35Directions

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.

36Interpretation

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 4NCA: general

Section 8

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.

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

5Interpretation

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

any framework decision on joint investigation teams adopted under Article 87 of the Treaty on the Functioning of the European Union;

b

the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union and the Protocol to that Convention established in accordance with that Article of the Treaty; or

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

A reference in this paragraph to Article 87 of the Treaty on the Functioning of the European Union includes a reference to Article 34 of the Treaty on European Union (as it had effect before 1 December 2009).

SCHEDULE 5Police, customs and immigration powers

Section 9

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

1Powers only exercisable in relation to customs matters

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.

“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.

5No advisory panel

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 3Further provision about designations under section 9 or 10

6Limitations in designation

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.

7Duration of designation

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.

8NCA officers having operational powers from another office

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.

In this paragraph—

“Northern Ireland general authorisation” means an agreement between—

the Director General, and

the Department of Justice in Northern Ireland,

about the exercise of the powers and privileges of Northern Ireland constables by NCA officers;

“Northern Ireland operational authorisation” means an agreement, which is in conformity with the Northern Ireland general authorisation that is in force, between—

the Director General, and

an officer in the Police Service of Northern Ireland who is at or above the rank of Assistant Chief Constable,

about the exercise of the powers and privileges of Northern Ireland constables by NCA officers in connection with a particular operation;

“Scottish general authorisation” means an agreement between—

the Director General, and

the 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, and

an 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.

12Application of territorial restrictions

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.

13Powers exercisable under warrant

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.

14Direction and control of NCA officers exercising powers in Scotland

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.

15Employment law

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;

c

the Trade Union and Labour Relations (Northern Ireland) Order 1995;

d

the Employment Rights (Northern Ireland) Order 1996.

Part 5Designations: powers of officers of Revenue and Customs

16NCA officers

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.

17Powers only exercisable in relation to customs matters

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.

18Powers exercisable under warrant

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 6Designations: powers of immigration officers

19NCA officers

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.

20Powers exercisable under warrant

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 7Offences relating to designations

21Resistance or wilful obstruction of designated officers etc

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.

22Assault on designated officers etc

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.

23Impersonation of designated officer etc

27Power to make further provision

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;

c

confer functions on the Director General or any other person;

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;

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.

28Functions of third parties relating to constables etc: extension to NCA

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

c

NCA officers (or any description of NCA officers).

2

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

a

a constable,

b

a UK police force,

c

an officer of Revenue and Customs,

d

the Commissioners, or

e

an immigration officer.

29General provision about orders

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.

30Interpretation

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, or

a 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 6Inspections and complaints

Section 11

Part 1Inspections

1Inspections in Scotland

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.

2Inspections in Northern Ireland

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.

3Publication of HMIC reports

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

c

might jeopardise the safety of any person.

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.

4NCA response

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.

2

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.

6Access to premises

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.

7Interpretation

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, and

the 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 2Complaints: 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”;

c

after paragraph (h) insert

; and

i

the National Crime Agency.

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

In paragraph 17(2), for paragraphs (b) and (c) substitute—

d

a National Crime Agency officer,

18Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007

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);

c

after sub-paragraph (c) insert—

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.

19Police (Northern Ireland) Act 1998

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 7Information: restrictions on disclosure

Section 12

Part 1Statutory restrictions

1

This Part of this Act does not authorise or require—

a

a disclosure, in contravention of any provisions of the Data Protection Act 1998, of personal data which are not exempt from those provisions, or

b

a disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

Part 2Restrictions on disclosures of particular types of information

2HMRC & customs information

1

An NCA officer must not disclose—

a

HMRC information,

b

personal customs information, or

c

personal customs revenue information,

unless the relevant authority consents to the disclosure.

2

If an NCA officer has disclosed—

a

HMRC information,

b

personal customs information, or

c

personal customs revenue information,

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).

3Social security information

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;

iii

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.

4Intelligence service information

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, or

GCHQ (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).

5Arrangements for publishing information

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 3Restrictions on further disclosures of information

6Information generally

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.

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.

12Interpretation

In this Schedule—

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

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

SCHEDULE 8Abolition of SOCA and NPIA

Section 15

Part 1Transitional, transitory and saving provision

Transfer schemes

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—

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.

6Continuity in relation to functions

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

c

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, or

a member of the staff of the NPIA;

“SOCA functions” means functions of—

SOCA,

a member of SOCA, or

a member of the staff of SOCA.

7Continuity in relation to subordinate legislation

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.

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)

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

The International Joint Investigation Teams (International Agreement) Order 2009 (S.I. 2009/3269)

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

The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010 (S.I. 2010/1955)

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).

8Members of SOCA

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).

9SOCA annual reports and accounts

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.

10Saving of accrued pension rights etc

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;

c

relevant service within section 38A(1)(ba) of the Police (Scotland) Act 1967;

d

service as a member of the staff of NPIA.

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.

12Director of Revenue and Customs Prosecutions

1

This paragraph applies if, before the changeover, there has been no merger of the offices of—

a

the Director of Public Prosecutions, and

b

the Director of Revenue and Customs Prosecutions.

2

In relation to the DRCP transitional period, the reference to the Director of Public Prosecutions in paragraph (i)(i) of the definition of permitted purpose in section 16(1) has effect as if it included a reference to the Director of Revenue and Customs Prosecutions.

3

In this paragraph—

a

a reference to a merger of offices is a reference to a Minister merging the offices by order under section 2 of the Public Bodies Act 2011;

b

“DRCP transitional period” means the period which—

i

begins with the changeover, and

ii

ends when there is a merger of the offices of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions.

13Interpretation

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 2Minor and consequential amendments and repeals

14Explosives Act 1875 (c. 17)

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”.

15Police (Property) Act 1897 (c. 30)

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”.

16Public Records Act 1958 (c. 51)

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.

17Offices, Shops and Railway Premises Act 1963 (c. 41)

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”.

18Parliamentary Commissioner Act 1967 (c. 13)

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”.

19Firearms Act 1968 (c. 27)

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)).

20Superannuation Act 1972 (c. 11)

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.

21Health and Safety at Work etc. Act 1974 (c. 37)

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;

22House of Commons Disqualification Act 1975 (c. 24)

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.

23Northern Ireland Assembly Disqualification Act 1975 (c. 25)

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”;

c

after paragraph (c) insert—

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.

27Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

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;

28Limitation Act 1980 (c. 58)

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,

29Road Traffic Regulation Act 1984 (c. 27)

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”.

30Prosecution of Offences Act 1985 (c. 23)

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;

c

after paragraph (ec) insert—

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;

31Ministry of Defence Police Act 1987 (c. 4)

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”.

32Road Traffic Act 1988 (c. 52)

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”;

c

for “members of the Agency’s staff” substitute “NCA officers”.

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”.

36Official Secrets Act 1989 (c. 6)

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)”.

37Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))

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”;

c

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

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

In section 107 (supplementary provisions relating to Commissioners), in subsection (4)(b), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

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).

63Northern Ireland Act 1998 (c. 47)

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

In section 6 (application for issue of an interception warrant), in subsection (2), for paragraph (d) substitute—

d

the Director General of the National Crime Agency;

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

1

Section 25 (interpretation of Chapter 2) is amended in accordance with this paragraph.

2

In subsection (1), in the definition of “relevant public authority”, for paragraph (b) substitute—

b

the National Crime Agency;

3

In subsection (3A), for the words from “Serious” to the end substitute “National Crime Agency include references to any National Crime Agency officer.”.

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

In Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for purposes of sections 28 and 29), for paragraph 2 substitute—

2

The National Crime Agency.

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.

105Criminal Justice and Court Services Act 2000 (c. 43)

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”;

c

in paragraph (b), for “to which they have been given access” substitute “made available to them”.

106Vehicles (Crime) Act 2001 (c. 3)

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

107Criminal Justice and Police Act 2001 (c. 16)

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

127

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

In section 377 (code of practice of Secretary of State etc), in subsection (1), for paragraphs (a) and (b) substitute—

a

the Director General of the National Crime Agency;

b

other National Crime Agency officers;

144

1

Section 378 (officers) is amended in accordance with this paragraph.

2

In subsection (1), for paragraph (a) substitute—

a

a National Crime Agency officer;

3

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

a

a senior National Crime Agency officer;

4

In subsection (3)—

a

in paragraph (a), for “member of SOCA’s staff” substitute “National Crime Agency officer”;

b

in paragraph (b), for “senior member of SOCA’s staff” substitute “senior National Crime Agency officer”.

5

In subsection (5), for “Director General of SOCA” substitute “Director General of the National Crime Agency”.

6

In subsection (6A), for “a member of SOCA’s staff” substitute “a National Crime Agency officer”.

7

In subsection (8)—

a

for “senior member of SOCA’s staff” substitute “senior National Crime Agency officer”;

b

in paragraph (a), for “Director General of SOCA” substitute “Director General of the National Crime Agency”;

c

in paragraph (b), for “member of SOCA’s staff” substitute “other National Crime Agency officer”.

145

In section 416 (other interpretative provisions), in subsection (2), for “member of SOCA’s staff” substitute “National Crime Agency officer”.

146

In section 438 (disclosure of information by certain directors), in subsection (1)(fa), for “SOCA” substitute “the National Crime Agency”.

147

In section 439 (disclosure of information to Lord Advocate and to Scottish Ministers), in subsection (5)(b), for “SOCA” substitute “the National Crime Agency”.

148

In section 443 (enforcement in different parts of the United Kingdom), in subsection (3), for “SOCA” substitute “the National Crime Agency or its officers”.

149

In section 444 (external requests and orders), in subsection (4), for paragraph (d) substitute—

d

the National Crime Agency;

150

In section 445 (external investigations), for “SOCA” substitute “the National Crime Agency or its officers”.

for “its” substitute “that Agency’s”.

153Police Reform Act 2002 (c. 30)

1

In section 9 of the Police Reform Act 2002 (the Independent Police Complaints Commission), in subsection (3)—

a

in paragraph (da), omit “is or”;

b

in paragraph (db), omit “is or”;

c

after paragraph (db) substitute—

dc

the person is, or has been, a National Crime Agency officer;

2

In Schedule 3 to that Act (handling of complaints and conduct matters etc), in paragraph 19F(7), for paragraph (b) substitute—

b

the National Crime Agency.

154Sexual Offences Act 2003 (c. 42)

In section 94 of the Sexual Offences Act 2003 (Part 2: supply of information to Secretary of State etc for verification), in subsection (3), for paragraphs (b) and (c) substitute—

b

the Director General of the National Crime Agency.

155Energy Act 2004 (c. 20)

1

Section 59A of the Energy Act 2004 (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), for “Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”.

156Commissioners for Revenue and Customs Act 2005 (c. 11)

In section 20 of the Commissioners for Revenue and Customs Act 2005, in section 20 (public interest disclosure), in subsection (7)(a), for “national Policing Improvement Agency” substitute “Secretary of State”.

Serious Organised Crime and Police Act 2005 (c. 15)

157

The Serious Organised Crime and Police Act 2005 is amended as follows.

158

Omit Part 1 (the Serious Organised Crime Agency).

159

In section 62 (disclosure notices), in subsection (2), for paragraph (b) substitute—

b

a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013, or

160

In section 82 (protection of persons involved in investigations or proceedings), in subsection (5), for paragraph (d) substitute—

d

the Director General of the National Crime Agency;

161

1

Section 153 (disclosure of information about insurance status of vehicles) is amended in accordance with this paragraph.

2

In subsection (1), for “NPIA for it to process” substitute “the Secretary of State for processing”.

3

In subsection (3)(a) and (b), for “NPIA” substitute “the Secretary of State”.

4

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

162

1

Section 172 (orders and regulations) is amended in accordance with this paragraph.

2

In subsection (4), omit “1(3),”.

3

In subsection (5), omit paragraphs (a) and (b).

4

In subsection (8), omit paragraph (a).

5

In subsection (13), omit paragraph (a).

163

In section 175 (penalties for offences: transitional modification for England and Wales), in subsection (3), in the table—

a

omit the two entries relating to section 51;

b

omit the two entries relating to section 57.

164

In section 177 (interpretation), omit subsection (1).

165

In Schedule 5 (persons specified for the purposes of section 82: protection of persons involved in investigations or proceedings), after paragraph 17 insert—

17A

A person who is or has been a National Crime Agency officer.

166Gambling Act 2005 (c. 19)

In the Gambling Act 2005, in Part 2 of Schedule 6 (exchange of information: enforcement and regulatory bodies)—

a

after the entry for the Horserace Betting Levy Board insert—

The National Crime Agency

b

omit the entry relating to the Serious Organised Crime Agency.

Police and Justice Act 2006 (c. 48)

167

The Police and Justice Act 2006 is amended as follows.

168

Omit section 1 (National Policing Improvement Agency).

169

In section 13 (supply of information to police etc by Registrar General), in subsection (1)(c), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

170

Omit Schedule 1 (National Policing Improvement Agency).

Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)

171

The Police, Public Order and Criminal Justice (Scotland) Act 2006 is amended as follows.

172

In Schedule 4 (the Police Complaints Commissioner for Scotland), in paragraph 2(1) (disqualification for appointment as Commissioner)—

a

in sub-paragraph (h)(ii), omit “or”;

b

in sub-paragraph (i)—

i

omit “is or”;

ii

at the end insert “or”;

c

after sub-paragraph (i) insert—

j

is or has been a National Crime Agency officer.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

173

The Corporate Manslaughter and Corporate Homicide Act 2007 is amended as follows.

174

In section 13 (application to police forces), in subsection (3)(g), for the words from “seconded” to “treated” substitute “seconded to the National Crime Agency to serve as a National Crime Agency officer is to be treated”.

175

In Schedule 1 (list of Government Departments etc), after the entry relating to the National Archives of Scotland insert—

National Crime Agency

Serious Crime Act 2007 (c. 27)

176

The Serious Crime Act 2007 is amended as follows.

177

In section 5 (type of provision that may be made by orders), in subsection (7), for paragraph (b) of the definition of “a law enforcement officer”, substitute—

b

a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013;

178

In section 39 (compliance with orders: authorised monitors), in subsection (10), for paragraph (b) of the definition of “law enforcement agency”, substitute—

b

the National Crime Agency;

179Crime and Security Act 2010 (c. 17)

In section 31 of the Crime and Security Act 2010 (guidance), in subsection (3)—

a

at the end of paragraph (a) insert “and”;

b

omit paragraph (b).

Equality Act 2010 (c. 15)

180

The Equality Act 2010 is amended as follows.

181

In section 42 (identity of employer), in subsections (4) and (5), for “SOCA” substitute “NCA”.

182

In section 43 (interpretation), for subsection (5) substitute—

5

NCA” means the National Crime Agency; and a reference to a constable at NCA is a reference to a constable seconded to it to serve as an NCA officer.

183

In Schedule 19 (public authorities), in Part 1 (general), omit “The Serious Organised Crime Agency.”

184Police Reform and Social Responsibility Act 2011 (c. 13)

In section 65 of the Police Reform and Social Responsibility Act 2011 (disqualification from election or holding office as police and crime commissioner: police grounds), omit subsection (1)(h)(v).

185Protection of Freedoms Act 2012 (c. 9)

In section 95 of the Protection of Freedoms Act 2012 (effect on police and other records of disregard of conviction or caution), in subsection (5), in the definition of the names database, for “National Policing Improvement Agency” substitute “Secretary of State”.

Part 3Further consequential amendments and repeals

186References to SOCA

In the following enactments, for “Serious Organised Crime Agency” substitute “National Crime Agency” (and, where that expression appears in more than one place in such an enactment, that substitution is made in each such place)—

Aviation Security Act 1982	Section 24AE(4)(f) (aerodrome security plans)
	Section 24AG(2)(e) (security executive groups)
	Section 24AI(2)(c) (objections to proposals by security executive groups)
Police and Criminal Evidence Act 1984	Section 63A(1A)(b) (fingerprints and samples: supplementary provision)
Dartford-Thurrock Crossing Act 1988	Section 19(a)(ia) (exemption from tolls)
Criminal Appeal Act 1995	Section 22(4)(aa) (meaning of public body etc)
Domestic Violence, Crime and Victims Act 2004	In Schedule 9 (authorities within Commissioner’s remit), paragraph 13
Commissioners for Revenue and Customs Act 2005	Section 40(2)(ca)(ii) (confidentiality)
Immigration, Asylum and Nationality Act 2006	Section 39(2)(b) (disclosure to law enforcement agencies)
Counter-Terrorism Act 2008	In section 18E, paragraph (b) of the definition of “law enforcement authority” (sections 18 to 18E: supplementary provisions)
Coroners and Justice Act 2009	Section 75(2)(c) (qualifying criminal investigations)
	Section 161(2)(a)(i) (applications for exploitation proceeds order)
	Section 166(9A) (exploitation proceeds orders) effect of conviction being quashed etc
Terrorism Prevention and Investigation Measures Act 2011	In section 10(10) (criminal investigations into terrorism-related activity), paragraph (d) of the definition of “police force”

187References to the Director General of SOCA

In the following enactments, for “Director General of the Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”—

Data Protection Act 1998	In section 56 (prohibition of requirement as to production of certain records), entry 1(d) in the table
Criminal Justice Act 2003	Section 29(5)(cb) (new method of instituting proceedings)
Commissioners for Revenue and Customs Act 2005	Section 41(2)(e) (disclosure of information to Director of Revenue and Customs Prosecutions)
Legal Services Act 2007	Section 169(5)(d) (disclosure of information to the Legal Services Board)
Coroners and Justice Act 2009	Section 81(3) (delegation of functions)

188References to SOCA and its Director General

In the following enactments—

a

for “Serious Organised Crime Agency” substitute “National Crime Agency”; and

b

for “Director General of the Serious Organised Crime Agency” or “Director General of that Agency” substitute “Director General of the National Crime Agency”—

Counter-Terrorism Act 2008	Section 18(3G)(f) (material not subject to existing statutory restrictions)
Coroners and Justice Act 2009	Section 77(1)(c) (applications for investigation anonymity orders)
Terrorism Prevention and Investigation Measures Act 2011	In section 10(10) (criminal investigations into terrorism-related activity), paragraph (d) of the definition of “chief officer”

189Repeals

The following enactments are repealed to the extent specified—

Courts Act 2003	Section 41(6)(c) (disqualification of lay justices who are members of SOCAetc)
Coroners and Justice Act 2009	Section 170 (amendments of Part 1 of the Serious Organised Crime and Police Act 2005)

Part 4Subordinate legislation

190References to SOCAetc

1

In any relevant subordinate legislation—

a

a reference (however expressed) of a kind specified in an entry in the first column of the following table is to be read as being, or including, a reference of the kind specified in the corresponding entry in the second column of the table; and

b

related expressions are to be read accordingly.

A reference to…	…is or includes a reference to…
the Serious Organised Crime Agency	the National Crime Agency
the Director General of the Serious Organised Crime Agency	the Director General of the National Crime Agency
the staff of the Serious Organised Crime Agency	National Crime Agency officers
a member of staff of the Serious Organised Crime Agency	a National Crime Agency officer

2

The preceding provision of this paragraph is without prejudice to section 59 (consequential amendments).

3

In this paragraph “relevant subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made before the end of the Session of Parliament in which this Act is passed under—

a

an Act of Parliament,

b

an Act of the Scottish Parliament,

c

an Act of the Northern Ireland Assembly, or

d

a Measure or Act of the National Assembly for Wales.

SCHEDULE 9Single county court in England and Wales

Section 17

Part 1Amendments of the County Courts Act 1984

1

The County Courts Act 1984 is amended as follows.

2

1

Section 3 (place and time of sittings) is amended as follows.

2

For subsections (1) and (2) substitute—

1

Sittings of the county court may be held, and any other business of the county court may be conducted, anywhere in England and Wales.

1A

Sittings of the county court at any place may be continuous or intermittent or occasional.

2

Sittings of the county court may be held simultaneously to take any number of different cases in the same place or different places, and the court may adjourn cases from place to place at any time.

2A

The places at which the county court sits, and the days and times at which it sits in any place, are to be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.

3

Omit subsection (4) (references to sittings of the court to include sittings by a district judge).

4

In subsection (5) (delegation of Lord Chief Justice’s functions under subsection (1)) for “subsection (1)” substitute “this section”.

3

In section 4 (use of public buildings for courts)—

a

in subsection (1) for “county court is” substitute “sitting of the county court is to be”,

b

in subsection (1) after “for the purpose of holding” insert “the sitting of”, and

c

in subsection (2) for “any court,” substitute “sittings of the county court,”.

4

For section 5 (judges) substitute —

5Judges of the county court

1

A person is a judge of the county court if the person—

a

is a Circuit judge,

b

is a district judge (which, by virtue of section 8(1C), here includes a deputy district judge appointed under section 8), or

c

is within subsection (2),

but see also section 9 of the Senior Courts Act 1981 (certain ex-judges may act as judges of the county court).

2

A person is within this subsection (and so, by virtue of subsection (1)(c), is a judge of the county court) if the person—

a

is the Lord Chief Justice,

b

is the Master of the Rolls,

c

is the President of the Queen’s Bench Division,

d

is the President of the Family Division,

e

is the Chancellor of the High Court,

f

is an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),

g

is the Senior President of Tribunals,

h

is a puisne judge of the High Court,

i

is a deputy judge of the High Court,

j

is the Judge Advocate General,

k

is a Recorder,

l

is a person who holds an office listed—

i

in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court masters etc), or

ii

in column 1 of Part 2 of Schedule 2 to that Act (High Court masters etc),

m

is a deputy district judge appointed under section 102 of that Act,

n

is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,

o

is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,

p

is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),

q

is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

r

is a District Judge (Magistrates’ Courts),

s

is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),

t

is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

u

is a transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act), or

v

is a member of a panel of Employment Judges established for England and Wales or for Scotland.

5

1

Section 6 (district judges) is amended as follows.

2

Omit subsections (2), (4) and (7) (which relate to the assignment of district judges to county court districts).

3

In subsection (3) (interpretation of statutory and other references to district judges) for the words after “of a county court” substitute

is—

a

if the context permits, a reference to the county court, and

b

otherwise is a reference to a judge of the county court.

4

For the italic heading before the section substitute “District judges and deputy district judges”.

6

1

Section 8 (deputy district judges) is amended as follows.

2

In subsection (1) (appointment to facilitate disposal of business in the county courts) for “courts” substitute “court or any other court or tribunal to which a person appointed under this subsection may be deployed”.

3

Omit subsections (1B) and (1D) (which relate to the assignment of deputy district judges to county court districts).

4

In subsection (1C) (deputy district judge to have powers of a district judge)—

a

omit “and assigned to a district”,

b

omit “, while acting under his assignment,”, and

c

for “assigned to the district” substitute “other than a district judge’s power to act in a district registry of the High Court”.

7

1

Section 12 (records of proceedings) is amended as follows.

2

For subsection (1) (district judge for a district to keep such records as may be prescribed) substitute—

1

The Lord Chancellor may by regulations made by statutory instrument provide for the keeping of records of and in relation to proceedings of the county court.

3

In subsection (2) (certified copies of entries) for “the district judge” substitute “a judge of the county court”.

4

In the title omit the words after “kept”.

8

1

Section 13 (officers of court not to act as solicitors in that court) is amended as follows.

2

In subsection (1) (officer of a county court and officer’s firm not to be engaged as representative in any proceedings in that court, subject to exception in subsection (4) for deputy district judges)—

a

for the words from the beginning to “be” substitute—

A fee-paid part-time judge of the county court may not act as a judge of the court in relation to any proceedings in the court in which—

a

the judge,

b

a partner or employer of the judge,

c

a body of which the judge is a member or officer, or

d

a body of whose governing body the judge is a member,

is

b

omit “in any proceedings in that court”.

3

Omit subsection (3) (which refers to a provision previously repealed).

4

Omit subsection (4) (provision about deputy district judges which is incorporated in the amended subsection (1)).

9

1

Section 14 (penalty for assaulting officer of a court) is amended as follows.

2

In subsection (1)—

a

for “a court” substitute “the county court”,

b

for “judge”, in both places, substitute “court”, and

c

for “a bailiff” substitute “an officer”.

3

Omit subsection (3) (which provided for “judge” to include district judge and deputies, but which will become superfluous as a result of amendments made by this Schedule).

for “judge may, if he” substitute “court may, if it”, and

b

omit “under his hand”.

14

In section 58(1)—

a

for paragraph (a) substitute—

a

a judge of the county court; or

b

for paragraph (c) substitute—

c

an officer of the county court appointed by a judge of the county court for the purpose,

15

In section 58(2) for the words from “sworn” (where it first appears) to “such” substitute “sworn before any such judge or”.

16

In section 60(2) (rights of audience in certain housing cases) for the words after paragraph (b) substitute—

then, except where rules of court provide otherwise, any officer of the authority authorised by the authority for the purpose may address the court.

a

omit the definition of “Admiralty county court”,

b

for the definition of “Admiralty proceedings” substitute—

“Admiralty proceedings” means proceedings which, if commenced in the High Court, would involve the exercise of the High Court’s Admiralty jurisdiction;

c

for the definition of “court” and “county court” substitute—

“court” means the county court;

5A

Any reference that would otherwise fall to be construed in accordance in with paragraph 5 is instead to be construed as a reference to the county court established under section A1.

b

for “that county court” substitute “the county court”.

18Stannaries Court (Abolition) Act 1896 (c. 45)

1

The Stannaries Court (Abolition) Act 1896 is amended as follows.

2

In section 1(1) (abolition of Vice-Warden’s Court) omit the words from “and be exercised” to the end.

3

In section 1 after subsection (1) insert—

1A

The jurisdiction and powers transferred and vested under subsection (1), so far as immediately before the coming into force of this subsection they are vested in any of the county courts held under section 1 of the County Courts Act 1984, become jurisdiction and powers of the county court to be exercised subject to and in accordance with rules of court.

4

In section 4(1) (reference of disputes to arbitration) for “a county court exercising the jurisdiction of the Stannaries Court” substitute “the county court”.

19Administration of Justice (Appeals) Act 1934 (c. 40)

The Administration of Justice (Appeals) Act 1934 is repealed.

20Crown Proceedings Act 1947 (c. 44)

In the Crown Proceedings Act 1947—

a

for “a county court”, in each place except section 53(3)(a), substitute “the county court”, and

b

in sections 24(3) and 27(2) for “county courts” substitute “the county court”.

21Registered Designs Act 1949 (c. 88)

1

The Registered Designs Act 1949 is amended as follows.

2

In section 27(1)(a) (meaning of “the court”) for the words after “High” substitute “Court,”.

3

Omit section 27A(4) to (6) (references to patents county court).

22Opencast Coal Act 1958 (c. 69)

In Schedule 8 to the Opencast Coal Act 1958 in paragraph 7 omit “the judge of” and “having jurisdiction in the place where the land in question is situated”.

23Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

In section 1(4) of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (courts to which section applies) for “a county court” substitute “the county court”.

24Courts Act 1971 (c. 23)

Omit section 42(2) and (3) of the Courts Act 1971 (City of London to be a county court district, and the county court for that district to be known as the Mayor’s and City of London Court).

In section 10(6) (definitions) for paragraph (b) of the definition of “officer of a court” substitute—

b

any officer of the county court.

29Senior Courts Act 1981 (c. 54)

In section 51 of the Senior Courts Act 1981 (costs)—

a

in subsection (1)(c) (costs of county court proceedings) for “any” substitute “the”, and

b

in subsection (8)(b) for “a county court” substitute “the county court”.

30Copyright, Designs and Patents Act 1988 (c. 48)

1

2

In section 252(6)(a) (court which is to determine disputes as to Crown use of designs) for the words after “High” substitute “Court,”.

3

Omit sections 287 to 289 and 291 (patents county court).

Courts and Legal Services Act 1990 (c. 41)

31

The Courts and Legal Services Act 1990 is amended as follows.

32

1

Section 1 (allocation of business between the High Court and county courts) is amended as follows.

2

In subsection (1)(a) for “county courts have” substitute “the county court has”.

3

In subsection (1)(b) and (c) for “county courts” substitute “the county court”.

4

In subsection (1)(e) and (g) for “a” substitute “the”.

5

Omit subsections (4) to (6) (jurisdiction of particular county courts).

6

In subsections (7)(a)(ii) and (10) for “any county court” substitute “the county court”.

7

In the title for “county courts” substitute “county court”.

33

1

Section 11 (representation in certain county court cases) is amended as follows.

2

For “a county court”, in each place, substitute “the county court”.

3

In subsection (5) for “a court” substitute “the county court”.

4

In subsection (6) for “any county court” substitute “the county court”.

34

In section 15(3) (costs of previous steps to enforce a judgment or order) for “a county court” substitute “the county court”.

35

In section 71(3)(e) (meaning of “county court qualification”) for “county courts” substitute “the county court”.

36Vehicle Excise and Registration Act 1994 (c. 22)

In section 49(a) (persons authorised to appear on behalf of Secretary of State) for “before a district judge of a” substitute “the”.

37Housing Act 1996 (c. 52)

1

The Housing Act 1996 is amended as follows.

2

In section 143N(1) (demoted tenancies: jurisdiction of county court) for “A county” substitute “The county”.

3

In section 158(1) (interpretation of Chapter 3 of Part 5) in the definition of “relevant judge” for paragraph (b) substitute—

b

where the injunction was granted by the county court, a judge of that court;

Tribunals, Courts and Enforcement Act 2007 (c. 15)

45

The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

46

In section 64(1) (certificated enforcement agents) for the words from “section—” to the end substitute “section by a judge of the county court.”

47

1

In section 106 (administration orders) amend the sections to be inserted into the County Courts Act 1984 as follows.

2

Omit “proper”, in each place except section 112AA(3).

3

In sections 112B(1), 112J(1) and 112K(1) for “A county court” substitute “The county court”.

4

In section 112L(7)(a) omit “(within the meaning of Part 6A)”.

5

In section 112N(3) for “the judge” substitute “a judge of the county court”.

6

Omit section 112N(6) (district judge may exercise powers of judge).

7

In section 112O(1)(b) for “a county court” substitute “the county court”.

8

Omit section 112AA(3) and (4) (meaning of “proper county court”).

48

1

In section 107 (enforcement restriction orders) amend the sections to be inserted into the County Courts Act 1984 as follows.

2

In sections 117B(1), 117F(6), 117G(1) and 117H(1) for “A county court” substitute “The county court”.

3

Omit “proper”, in each place.

4

In section 117I(7)(a) omit “(within the meaning of Part 6)”.

5

In section 117K(3) for “the judge” substitute “a judge of the county court”.

6

In sections 117K(5) and 117L(1)(b) for “a county court” substitute “the county court”.

7

Omit section 117K(6) (district judge may exercise powers of judge).

8

In section 117R(3) omit “, or another court whilst it was previously the proper county court,”.

9

Omit section 117T(3) and (4) (meaning of “proper county court”).

49

In section 143(2) omit subsections (4) to (6) of the section 27A to be inserted into the Registered Designs Act 1949.

50London Local Authorities Act 2007 (c. ii)

In section 65(1) of the London Local Authorities Act 2007 (certificated bailiffs) for the words from “signed—” to the end substitute “signed by a judge of the county court.”

51Policing and Crime Act 2009 (c. 26)

1

The Policing and Crime Act 2009 is amended as follows.

2

Omit section 48(1) (rules may make provision about exercise of county court jurisdiction).

3

In paragraph 1(2) of Schedule 5 (meaning of “the court”)—

a

for “a county”, in both places, substitute “the county”, and

b

omit “or district judge”.

Part 3Further amendments

52Amendment of references to “a county court”

1

In the provisions listed in sub-paragraph (2) (but subject to any specific amendments made by or under this Act)—

a

for “A county court”, in each place, substitute “The county court”, and

b

for “a county court”, in each place, substitute “the county court”.

2

The provisions are—

Access to Health Records Act 1990: section 8(5),

Access to Justice Act 1999: sections 17, 17A, 21 and 54 to 57,

Access to Medical Records Act 1988: section 8(2),

Access to Neighbouring Land Act 1992: section 8(3),

Administration of Justice (Miscellaneous Provisions) Act 1933: section 7(2),

Administration of Justice Act 1960: sections 12 and 13,

Administration of Justice Act 1970: section 11(b) in the words before sub-paragraph (i), and section 41(3),

Administration of Justice Act 1977: section 23(4)(a),

Administration of Justice Act 1982: section 38,

Administration of Justice Act 1985: section 53(2)(c),

Anti-social Behaviour Act 2003: sections 13 and 26A to 28,

Charging Orders Act 1979: sections 1(1), (2)(c) and (d) and (6), 3(4A)(a) and 6(2),

Charities Act 1992: section 58(1),

Civil Jurisdiction and Judgments Act 1982: section 18(4A)(a),

Commonhold and Leasehold Reform Act 2002: sections 66(1) and 107(1),

Commons Act 2006: sections 34(5) and 46(7)(a),

Companies Act 2006: section 1183,

Communications Act 2003: section 124Q(7)(a),

Compensation Act 2006: section 8(2),

Contempt of Court Act 1981: section 14 (but not in its application to Northern Ireland as set out in Schedule 4 to that Act),

Crime and Disorder Act 1998: sections 1B(1) and 10,

Criminal Justice Act 2003: section 329(8)(c),

Data Protection Act 1998: section 55D(2)(a),

Education Act 1996: section 336(2)(g),

Education and Skills Act 2008: sections 56(5), 57(2), 58(4)(b), 59(4) and 65(3),

Electricity Act 1989: sections 39B(4)(a) and 44A(6)(b)(i),

Employment Rights Act 1996: sections 110(6)(a), 194(4) and 195(4),

Employment Tribunals Act 1996: sections 7(3)(e)(i), 13(1C), 15(1) and 19A,

Environmental Protection Act 1990: section 78P(8),

Equality Act 2006: sections 21(7)(b), 22(6), 24 and 32(9)(b), and paragraphs 11 and 12(2) of Schedule 2,

Equality Act 2010: sections 114(1), 119(1), 120(6), 124(6), 127(9), 138(8), 140(6) and 143(1), paragraph 12(5) of Schedule 20 and paragraphs 4(2) and 5(7) of Schedule 21,

Finance Act 2003: paragraph 5(1)(a) of Schedule 12, and the first “a county court” in paragraph 5(3)(a) of that Schedule,

Financial Services and Markets Act 2000: paragraphs 16(a) and 16D(a) of Schedule 17,

Gas Act 1986: sections 15A(6)(b), 27A(9)(b) and 33AB(4)(a),

Health and Social Care (Community Health and Standards) Act 2003: section 155(7),

Highways Act 1980: sections 79(8) and (13) and 308,

Horserace Betting and Olympic Lottery Act 2004: section 9(6),

Housing Act 1980: section 86(1),

Housing Act 1985: sections 82A(2), 110(1), 181(1) and 272(5), and paragraph 6(5) of Schedule 18,

Housing Act 1988: sections 6A(2) and 40(1) and (3), and section 40(4) until its repeal by the Courts and Legal Services Act 1990 is fully in force,

Housing Act 1996: sections 95, 138(1), 153E(6), 154(1), 155(6), 157(1) and 203(5),

Housing Act 2004: sections 214(1) and 215(2A), and paragraphs 5(3)(a) and 13 of Schedule 13,

Immigration and Asylum Act 1999: section 43(2)(a),

Immigration, Asylum and Nationality Act 2006: section 17(6)(a),

Industrial and Provident Societies Act 1965: section 60(8)(a),

Insolvency Act 1986: sections 196(a), 373(2), 375 and 429(1),

Land Registration Act 2002: sections 75(4), 76(5) and 132(3)(a),

Landlord and Tenant (Covenants) Act 1995: sections 8(4) and 10(4),

Landlord and Tenant (War Damage) Act 1939: section 23(1),

Landlord and Tenant Act 1954: section 63(2) and (9),

Landlord and Tenant Act 1985: section 20C(2), and paragraph 8(2) of the Schedule,

Landlord and Tenant Act 1987: sections 52(1) and (3) and 60(1), and paragraphs 4(3) and 9(3) of Schedule 1, and section 52(4) until its repeal by the Courts and Legal Services Act 1990 is fully in force,

Learning and Skills Act 2000: section 145(5),

Leasehold Reform, Housing and Urban Development Act 1993: sections 90, 93(3) and 101(1), paragraph 4(3) of Schedule 8 and paragraph 4 of Schedule 14,

Legal Aid, Sentencing and Punishment of Offenders Act 2012: sections 24(3)(b) and 36(5), paragraph 5 of Part 3 of Schedule 1 and paragraph 2(3) of Schedule 2,

Legal Services Act 2007: section 141(7),

Local Government Act 1972: section 146(3),

Local Government Act 2000: section 77(6)(e),

Local Government Finance Act 1992: paragraph 11(4) of Schedule 4,

Local Land Charges Act 1975: section 10(8),

Localism Act 2011: section 159(5),

London Building Acts (Amendment) Act 1939 (c. xcvii): sections 103 and 143, and entry (xxxiv) in the table in section 148(2),

London County Council (General Powers) Act 1955 (c. xxix): section 7(4),

Magistrates’ Courts Act 1980: sections 87(1) and 111A(3)(a),

Mental Health Act 1983: section 31,

Mines and Quarries (Tips) Act 1969: section 28,

National Health Service Act 2006: sections 90(5), 94(3)(h), 105(5), 109(3)(h), 122(5) and 139(8), and paragraph 3(3)(j) of Schedule 12,

National Health Service (Wales) Act 2006: sections 48(5), 52(3)(h), 62(5), 66(3)(h) and 97(8), and paragraph 3(3)(j) of Schedule 7,

National Minimum Wage Act 1998: sections 19E(a), 38(2) and 39(2),

Patents Act 1977: sections 41(9), 61(7)(a), 93(a) and 107(2),

Pension Schemes Act 1993: sections 53(1B)(a), 115(6)(a), 150(8)(a) and 151(5)(a),

Pensions Act 1995: section 10(8A)(a),

Pensions Act 2004: sections 103(9)(a), 217(2)(a) and 218(5)(a),

Pensions Act 2008: section 42(2),

Planning Act 2008: section 171(4), and paragraph 24 of Schedule 12,

Protection from Harassment Act 1997: section 3A(2),

Rent (Agriculture) Act 1976: section 26,

Rent Act 1977: sections 96(3), 132(6) and 141,

Representation of the People Act 1983: sections 78(4), 86(1)(c) and 167(1), and rule 56(1), (4) and (5)(a) of Schedule 1, with a view to the inserted references to the county court including (as in other places in that Act) a county court in Northern Ireland,

Representation of the People Act 1983: section 167(3), and paragraph 9 of Schedule 4,

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951: section 2(1),

Senior Courts Act 1981: section 29(4),

Social Security (Recovery of Benefits) Act 1997: section 7(4),

Social Security Act 1989: paragraph 9 of Schedule 5,

Social Security Administration Act 1992: sections 71ZE(1) and 126(3)(a),

Social Security Contributions and Benefits Act 1992: section 12(7),

Solicitors Act 1974: sections 61(6), 68(2), 69(3) and 74(3),

Trade Union and Labour Relations (Consolidation) Act 1992: section 277(3), and paragraphs 19E(5), 28(6) and 120(6) of Schedule A1,

Tribunals, Courts and Enforcement Act 2007: sections 27(1)(a) and 78(3), section 92(1) (in the inserted section 15D(3)), section 93(2) (in the inserted section 1(6)), section 93(3) (in the inserted section 3(4A)(a)), sections 93(6), 95(1), 104(2), 115 to 118, 119(1)(b), 122(2) and 123(1), paragraph 12(2)(b) of Schedule 5, paragraphs 3(1), 60(8) and 66(4) of Schedule 12, paragraphs 77 and 79(2)(a) of Schedule 13 (in the quoted or inserted text), paragraphs 2(2), 5, 7, 10, 18 and 21 of Schedule 15 (in the inserted text) and paragraph 3(2) of Schedule 16 (in the inserted section 429(1)),

Trusts of Land and Appointment of Trustees Act 1996: section 23(3),

Violent Crime Reduction Act 2006: section 4(1),

Water Industry Act 1991: sections 30A(5), 51B(5) and 150A(6), and

Welfare Reform Act 2012: section 105(1) (in the inserted section 71ZE(1)).

Amendments of other references

53

In section 7(1) of the Access to Neighbouring Land Act 1992 for “the county courts” substitute “the county court”.

54

In section 40 of the Administration of Justice Act 1956 for “a county court”, and for “that county court”, substitute “the county court”.

55

In section 26 of the Administration of Justice 1964 (Inner and Middle Temples in City of London for certain purposes including the law relating to county courts) omit “county courts,”.

56

In section 96(1) of the Agricultural Holdings Act 1986 omit the definition of “county court”.

57

In section 18(5) of the Agricultural Marketing Act 1958 omit the words from “within the district” to “may be brought”.

58

In section 5 of the Agriculture (Miscellaneous Provisions) Act 1954—

a

in subsections (2) and (3) for “county court rules” substitute “rules of court”, and

b

omit subsection (4) (powers of district judge).

59

In section 6 of the Allotments Act 1922 for “the judge of the county court having jurisdiction in the place where the land is situated”, and for “a county court”, substitute “the county court”.

60

1

In section 82(1) of the Arbitration Act 1996, in the definition of “legal proceedings”, after “civil proceedings” insert “in England and Wales in the High Court or the county court or in Northern Ireland”.

2

In section 105 of that Act—

a

in subsection (1) after ““the court”” insert “in relation to England and Wales means the High Court or the county court and in relation to Northern Ireland”,

b

in subsection (2) before paragraph (a) insert—

za

allocating proceedings under this Act in England and Wales to the High Court or the county court;

za

the High Court or the county court if the person against whom the order is sought carries on business or has a place of business in England and Wales;

d

in paragraph 25(a) of Schedule 4 for “a county court in England and Wales or” substitute “the county court in England and Wales or the High Court or a county court in”.

82

In the Estate Agents Act 1979—

a

in the definition of “court” in section 11A(4) omit “England and Wales and” and before paragraph (a) insert—

za

in England and Wales, the High Court or the county court;

b

in paragraph 6(1) of Schedule 4 after “appeal” insert “in England and Wales to the county court or, in Northern Ireland,”.

83

In section 133(8)(a) of the Financial Services and Markets Act 2000 before “as if” insert “in England and Wales, as if it were an order of the county court or, in Northern Ireland,”.

84

1

In section 22 of the Friendly Societies Act 1974 after subsection (2) insert—

2A

In the application of subsection (2) to England and Wales, for the words “for the district in which the member resides” there shall be substituted “if the member resides in England and Wales

2

In section 80(2)(b) of that Act after “brought” insert “in England and Wales in the county court or, in Northern Ireland,”.

3

In section 93(3) of that Act—

a

for the words from “make an application—” to the end of paragraph (a) substitute “make an application to the county court in England and Wales if the chief or any other place of business of that society or branch is situated in England and Wales or may make an application—”, and

b

for “such application” substitute “application under this subsection”.

85

1

In section 82(4) of the Friendly Societies Act 1992 after “brought” insert “in England and Wales in the county court or, in Northern Ireland,”.

2

In section 119(1) of that Act in the definition of “the court” for “Wales or” substitute

Wales, the county court;

aa

in the case of a body whose registered office is situated in

86

1

In section 48 of the Government Annuities Act 1929 after subsection (2) insert—

2A

For the purposes of this section, England and Wales is to be treated as the district of the county court in England and Wales.

j

in section 399(6) for “another” substitute “the other”,

k

for section 413(3)(d) substitute—

d

a district judge;

d

in sub-paragraph (7) for “he” substitute “the court”.

109

In section 25 of the London Overground Wires &c. Act 1933 (c. xliv) for “any county court having otherwise jurisdiction in the matter” substitute “the county court”.

110

In paragraph 8(3) of Schedule 3B to the Medical Act 1983 after “made” insert “in England and Wales to the county court or, in Northern Ireland,”.

111

In paragraph 28 of Schedule 3 to the Medicines Act 1968 after sub-paragraph (2) insert—

2A

For the purposes of this paragraph, England and Wales is to be treated as the district of the county court in England and Wales.

112

In section 31 of the Mental Health Act 1983 for “County court rules” substitute “rules of court”.

113

In section 5(1) of the Mobile Homes Act 1983, in paragraph (a) of the definition of “the court”, omit “for the district in which the protected site is situated”.

114

In section 73 of the Offices, Shops and Railway Premises Act 1963—

a

in subsections (1) and (2) for “county court within whose jurisdiction the premises are situate” substitute “court”, and

b

for subsection (3) substitute—

3

In subsections (1) and (2) “the court”, in relation to any premises, means—

a

the county court if the premises are in England and Wales, or

b

if the premises are in Scotland, the sheriff within whose jurisdiction the premises are situate.

b

in section 4(5)—

i

after “in relation to county courts” insert “in Northern Ireland”,

ii

after “High Court” insert “in Northern Ireland”, and

iii

omit “84”, “99”, “of the said Act of”, “1981”, “1925”, “section or” and “section 75 of the County Courts Act 1984 or”,

c

in section 4 after subsection (5) insert—

6

Subsections (1) to (4) have effect in relation to the county court in England and Wales as they have effect in relation to the High Court in England and Wales.

d

in section 9(3) and (4) after “brought” insert “in England and Wales in the county court or in Northern Ireland”,

e

in section 9(3)—

i

before “county court rules” insert “rules of court or”, and

ii

for “same county” substitute “same”, and

f

in section 13(3) for the words from the beginning to “if” substitute “In this section “the court”, in relation to England and Wales, means the High Court or the county court and, in relation to Northern Ireland, means the High Court or a county court, save that a county court in Northern Ireland has jurisdiction in the proceedings only if”.

134

In section 75(1) of the Trade Marks Act 1994 for “or a county court having” substitute “, or the county court where it has”.

135

In section 82(2)(b) of the Traffic Management Act 2004 for “if a county” substitute “if the county”.

136

In the Tribunals, Courts and Enforcement Act 2007—

a

in section 121(8) for paragraphs (a) and (b) substitute—

aa

in relation to an administration order or an enforcement restriction order: the county court;

b

omit sections 123(6) and 131(2), and paragraph 79(2)(b) of Schedule 13.

137

In section 67(2) of the Trustee Act 1925 for “county courts” substitute “the county court”.

138

In section 11(1)(a) of the UK Borders Act 2007 for “a county court, in England and Wales or” substitute “the county court in England and Wales or a county court in”.

139

In section 5CE(5)(a) of the Veterinary Surgeons Act 1966 for “a county court” substitute “the county court in England and Wales or a county court in Northern Ireland”.

140

In paragraph 11(1) of Schedule 15 to the Water Resources Act 1991 omit “for the area in which the land or any part of it is situated”.

Part 4Consequential repeals

141

The provisions specified in the Table are repealed to the extent shown.

Reference	Extent of repeal
Literary and Scientific Institutions Act 1854 (c. 112)	In section 30, “the judge of” and “aforesaid”.
Hovercraft Act 1968 (c. 59)	In section 2(1), “27 to 29,”.
Senior Courts Act 1981 (c. 54)	In Schedule 5, the entry for the Torts (Interference with Goods) Act 1977.
County Courts Act 1984 (c. 28)	In Schedule 2, paragraph 64.
Administration of Justice Act 1985 (c. 61)	Section 51(1).
Administration of Justice Act 1985 (c. 61)	In Schedule 7, paragraph 7(b).
Courts and Legal Services Act 1990 (c. 41)	Section 74(4) and (5).
Courts and Legal Services Act 1990 (c. 41)	In Schedule 18, in paragraph 49(3), “27(6),”.
Merchant Shipping (Salvage and Pollution) Act 1994 (c. 28)	In Schedule 2, paragraph 7.
Merchant Shipping Act 1995 (c. 21)	In Schedule 13, paragraph 7(2) and (4).
Civil Procedure Act 1997 (c. 12)	In Schedule 2, paragraph 2(4).
Constitutional Reform Act 2005 (c. 4)	In Schedule 4, paragraphs 161, 162(2), 163, 166, 200 and 201.
Tribunals, Courts and Enforcement Act 2007 (c. 15)	In Schedule 11, paragraph 6.
Legal Services Act 2007 (c. 29)	In Schedule 16, paragraph 69(a).
Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871)	Article 9(1) and (2).

SCHEDULE 10The family court

Section 17

Part 1Establishment of the family court

1

In the Matrimonial and Family Proceedings Act 1984 after section 31A (which is inserted by section 17 of this Act) insert—

31BSittings

1

Sittings of the family court may be held, and any other business of the family court may be conducted, at any place in England and Wales.

2

Sittings of the family court at any place may be continuous or intermittent or occasional.

3

Sittings of the family court may be held simultaneously to take any number of different cases in the same place or different places, and the court may adjourn cases from place to place at any time.

4

The places at which the family court sits, and the days and times at which it sits in any place, are to be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under this section.

31CJudges

1

A person is a judge of the family court if the person—

a

is the Lord Chief Justice,

b

is the Master of the Rolls,

c

is the President of the Queen’s Bench Division,

d

is the President of the Family Division,

e

is the Chancellor of the High Court,

f

is an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),

g

is the Senior President of Tribunals,

h

is a puisne judge of the High Court,

i

is a deputy judge of the High Court,

j

is a Circuit judge,

k

is the Judge Advocate General,

l

is a Recorder,

m

holds an office listed—

i

in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

ii

in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc),

n

is a district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes a deputy district judge appointed under section 8 of that Act),

o

is a deputy district judge appointed under section 102 of the Senior Courts Act 1981,

p

is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,

q

is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,

r

is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),

s

is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

t

is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to that Act,

u

is a transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act),

v

is a member of a panel of Employment Judges established for England and Wales or for Scotland,

w

is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),

x

is a District Judge (Magistrates’ Courts), or

y

is a justice of the peace who is not a District Judge (Magistrates’ Courts),

but see also section 9 of the Senior Courts Act 1981 (certain ex-judges may act as judges of the family court).

2

A decision of the family court, if made by or by persons who include—

a

a judge within subsection (1)(a) to (i),

b

a person who has been a judge of the Court of Appeal, or

c

a person who has been a puisne judge of the High Court,

is (so far as relevant) to be followed by a judge within subsection (1)(j) to (y), and by a justices’ clerk or an assistant to a justices’ clerk, when carrying out functions of the family court unless doing so with a person within paragraphs (a) to (c) of this subsection.

3

A fee-paid, or unsalaried, part-time judge of the family court may not act as a judge of the court in relation to any proceedings in the court in which the judge, or a partner or employer of the judge, or a body of which the judge is a member or officer, or a body of whose governing body the judge is a member, is directly or indirectly engaged as legal representative or agent for any party.

4

In this section “legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).

31DComposition of the court and distribution of its business

1

Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 (process for making designated rules) about—

a

the composition of the family court, and

b

the distribution of business of the family court among judges of the court.

2

Rules about the composition of the family court may in particular—

a

provide for the court to be constituted differently for the purpose of deciding different matters;

b

make provision about who is to preside where the court is composed of more than one judge.

3

Rules about the distribution of business of the family court may in particular—

a

prohibit specified judges from conducting specified business;

b

prohibit judges from conducting specified business unless authorised to do so by a specified judicial office holder;

c

prohibit specified judges from conducting business, or specified business, unless authorised to do so by a specified judicial office holder;

d

prohibit specified judges from exercising specified powers of the court.

4

In subsection (3)—

“judge” does not include a judge within section 31C(1)(a) to (i);

“specified” means specified in, or of a description specified in, rules under this section.

5

Rules under this section—

a

may confer powers on the Lord Chief Justice or on a judicial office holder;

b

may be made only after consultation with the Family Procedure Rule Committee.

6

Family Procedure Rules are subject to rules under this section.

7

The Lord Chief Justice’s power under paragraph 2(2)(b) of Schedule 1 to the Constitutional Reform Act 2005 to nominate a judicial office holder to make rules under this section includes power to nominate different judicial office holders to make rules under this section for different purposes.

8

Paragraph 5 of that Schedule (duty to make rules to achieve purpose specified by Lord Chancellor) does not apply in relation to rules under this section.

9

In this section “judicial office holder” has the meaning given by section 109(4) of that Act.

10

No proceedings in the family court are to be with a jury.

31EFamily court has High Court and county court powers

1

In any proceedings in the family court, the court may make any order—

a

which could be made by the High Court if the proceedings were in the High Court, or

b

which could be made by the county court if the proceedings were in the county court.

2

In its application to a power of the High Court to issue a writ directed to an enforcement officer, subsection (1)(a) gives the family court power to issue a warrant, directed to an officer of the family court, containing provision corresponding to any that might be contained in the writ.

3

Subsection (1) is subject to section 38(3) of the County Courts Act 1984.

4

Subsection (1) is without prejudice to, and not limited by, any other powers of the family court.

5

The Lord Chancellor may by regulations make provision, about or in connection with the effect or execution of warrants issued by the family court for enforcing any order or judgment enforceable by the court, that corresponds to any provision applying in relation to the effect or execution of writs issued by the High Court, or warrants issued by the county court, for the purpose of enforcing any order or judgment enforceable by that court.

31FProceedings and decisions

1

The family court may adjourn a hearing, and may do so at any time including a time before the hearing has begun.

2

Any order made by the family court—

a

may be absolute or conditional;

b

may be final or interim;

c

may, subject to rules of court, be made without taking evidence.

3

Every judgment and order of the family court is, except as provided by this or any other Act or by rules of court, final and conclusive between the parties.

4

Where the family court has power to require the doing of anything other than the payment of money, or to prohibit the doing of anything, an order of the court made in exercising the power may contain provision—

a

as to the manner in which anything is to be done,

b

as to the time within which anything is to be done,

c

as to the time during which anything is not to be done, and

d

generally for giving effect to the order.

5

Where the family court has power to require the payment of money, an order of the court made in exercising the power may allow time for payment or order payment by instalments; and where the court has ordered payment by instalments and default is made in the payment of any one instalment, proceedings may be taken as if the default had been made in the payment of all the instalments then unpaid.

6

The family court has power to vary, suspend, rescind or revive any order made by it, including—

a

power to rescind an order and re-list the application on which it was made,

b

power to replace an order which for any reason appears to be invalid by another which the court has power to make, and

c

power to vary an order with effect from when it was originally made.

7

Subject to rules of court, the family court may proceed in the absence of one, some or all of the parties.

8

The family court has the same power to enforce an undertaking given by a solicitor in relation to any proceedings in that court as the High Court has to enforce an undertaking given by a solicitor in relation to any proceedings in the High Court.

9

In any case not expressly provided for by or in pursuance of this or any other Act, the general principles of practice in the High Court may be adopted and applied to proceedings in the family court.

31GWitnesses and evidence

1

Subsection (2) applies where the family court is satisfied that a person in England and Wales is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, in proceedings in the court.

2

The court may, if it is satisfied that it is in the interests of justice to do so, issue a summons—

a

requiring the person to attend before the court, at the time and place specified in the summons, to give evidence,

b

requiring the person to attend before the court, at the time and place specified in the summons, to produce the document or thing, or

c

requiring the person to produce the document or thing to the court.

3

Subsection (4) applies where without just excuse—

a

a person fails to attend before the court in answer to a summons under subsection (2)(a) or (b),

b

a person fails to produce a document or thing in answer to a summons under subsection (2)(b) or (c), or

c

a person attending before the court, whether or not in answer to a summons under subsection (2), refuses to be sworn or give evidence.

4

The court may—

a

commit the person to custody until the expiry of a period not exceeding one month specified by the court or until the person sooner gives evidence or produces the document or thing, or

b

impose on the person a fine not exceeding £2,500, or

c

both.

5

A fine imposed under subsection (4) is deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction of a magistrates’ court.

6

Where in any proceedings in the family court it appears to the court that any party to the proceedings who is not legally represented is unable to examine or cross-examine a witness effectively, the court is to—

a

ascertain from that party the matters about which the witness may be able to depose or on which the witness ought to be cross-examined, and

b

put, or cause to be put, to the witness such questions in the interests of that party as may appear to the court to be proper.

7

Subject to the provisions of any Act or instrument made under an Act or rule of law authorising the reception of unsworn evidence, evidence given before the family court is to be given on oath.

8

An affidavit to be used in the family court may be sworn before—

a

a judge of the court, or

b

an officer of the court appointed by a judge of the court for the purpose,

as well as before a commissioner for oaths or any other person authorised to take affidavits under the Commissioners for Oaths Acts 1889 and 1891.

9

An affidavit sworn before any such judge or officer may be sworn without the payment of any fee.

31HContempt of court: power to limit court’s powers

1

The Lord Chancellor may by regulations made after consulting the Lord Chief Justice make provision limiting or removing, in circumstances specified in the regulations, any of the powers exercisable by the family court when dealing with a person for contempt of court.

2

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under this section.

31IPowers of the High Court in respect of family court proceedings

1

If the High Court, at any stage in proceedings in the family court, thinks it desirable that the proceedings, or any part of them, should be transferred to the High Court, it may order the transfer to the High Court of the proceedings or part.

2

The power given by subsection (1) is without prejudice to section 29 of the Senior Courts Act 1981, and is to be exercised—

a

in accordance with any directions given as to the distribution or transfer of proceedings, and

b

subject to any provision made under section 1 of the Courts and Legal Services Act 1990 or made by or under any other enactment.

31JOverview of certain powers of the court under other Acts

The powers of the family court include its powers under—

a

section 33 of the Senior Courts Act 1981 (powers exercisable before commencement of action);

b

section 34 of that Act (power to order disclosure or inspection of documents or property of non-party);

c

section 37 of that Act (power to grant injunction or appoint receiver);

d

section 39 of that Act (power to order documents to be executed or indorsed by nominated person);

e

section 70(1) and (2) of that Act (assessors);

f

section 57 of the County Courts Act 1984 (evidence of prisoners);

g

section 71 of that Act (powers as to payment of costs).

31KAppeals

1

Subject to any order made under section 56(1) of the Access to Justice Act 1999 (power to provide for appeals to be made instead to the High Court or county court, or to the family court itself), if any party to any proceedings in the family court is dissatisfied with the decision of the court, that party may appeal from it to the Court of Appeal in such manner and subject to such conditions as may be provided by Family Procedure Rules.

2

Subsection (1) does not—

a

confer any right of appeal from any decision where a right of appeal is conferred by some other enactment, or

b

take away any right of appeal from any decision where a right of appeal is so conferred,

and has effect subject to any enactment other than this Part; and in this subsection “enactment” means an enactment whenever passed.

3

The Lord Chancellor may, after consulting the Lord Chief Justice, by order make provision as to the circumstances in which appeals may be made against decisions taken by courts or judges on questions arising in connection with the transfer, or proposed transfer, of proceedings from or to the family court.

4

Except to the extent provided for in any order made under subsection (3), no appeal may be made against any decision of a kind mentioned in that subsection.

5

At the hearing of any proceedings in the family court in which there is a right of appeal or from which an appeal may be brought with permission, the judge, if requested to do so by any party, is to make a note—

a

of any question of law raised at the hearing,

b

of the facts in evidence in relation to any such question, and

c

of the court’s decision on any such question and of the court’s determination of the proceedings.

6

Where such a note is made, and whether or not an appeal has been made, the court—

a

on the application of any party to the proceedings, and

b

on payment of the fee (if any) prescribed under section 92 of the Courts Act 2003,

is to provide that party with a copy of the note signed by the judge, and the copy so signed is to be used at the hearing of any appeal.

7

Section 81 of the County Courts Act 1984 (powers of Court of Appeal on appeal from county court) applies to appeals from the family court to the Court of Appeal as it applies to appeals from the county court to the Court of Appeal.

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under subsection (3).

31LEnforcement

1

Payment of a fine or penalty imposed by the family court may be enforced upon the order of the court in like manner as a judgment of the court for the payment of money.

2

Rules of court may, in relation to cases where under two or more orders made by or registered in the family court the same person is required to make periodical payments to the same recipient, make provision—

a

for recovery of payments under more than one of the orders to be dealt with in the same proceedings;

b

for apportioning, between some or all of the orders, payments made by the person required to make payments under the orders.

3

Subsection (4) applies where—

a

periodical payments are required to be made, or a lump sum is required to be paid, to a child under an order made by the family court, or

b

periodical payments are required to be made to a child under an order registered in the family court.

4

Any sum required under the order to be paid to the child may be paid to the person who looks after the child, and that person may proceed in that person’s own name for—

a

the variation, revival or revocation of the order, or

b

the recovery of any sum required to be paid under the order.

5

Where a child has a right under any Act or instrument made under an Act to apply for the revival of an order made by the family court which provided for the making of periodical payments to or for the benefit of the child, the person who looks after the child may proceed in the person’s own name for the revival of the order.

6

Where any person by whom periodical payments are required to be paid to a child under an order made by or registered in the family court applies for the variation or revocation of the order, the person who looks after the child may answer the application in the person’s own name.

7

Nothing in subsections (4) and (5) affects any right of a child to proceed in the child’s own name for the variation, revival or revocation of an order or for the recovery of a sum payable under an order.

8

In this section—

a

a reference to the person who looks after a child is—

i

in the case of a child who is being looked after by a local authority (within the meaning of section 22 of the Children Act 1989), a reference to that local authority, and

ii

in any other case, a reference to the person who, disregarding any absence of the child at a hospital or boarding school and any other temporary absence, has care of the child;

b

“child” means a person under the age of 18;

c

a reference to an order registered in the family court is a reference to an order registered in the court under the Maintenance Orders (Facilities for Enforcement) Act 1920, Part 2 of the Maintenance Orders Act 1950, Part 1 of the Maintenance Orders Act 1958, the Maintenance Orders (Reciprocal Enforcement) Act 1972 or Part 1 of the Civil Jurisdiction and Judgments Act 1982.

31MRecords of proceedings

1

The Lord Chancellor may by regulations provide for the keeping of records of and in relation to proceedings of the family court.

2

Any entry in a book or other document required to be kept by regulations under subsection (1), or a copy of any such entry or document purporting to be signed and certified as a true copy by a judge of the family court, is at all times without further proof to be admitted in any court or place as evidence of the entry and of the proceeding referred to by it and of the regularity of that proceeding.

3

The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under this section.

31NSummonses and other documents

1

Where any summons or other process issued from the family court is served by an officer of the court, the service may be proved by a certificate in a prescribed form showing the fact and mode of the service.

2

Section 133(2) of the County Courts Act 1984 (offence and punishment) applies in relation to any officer of the family court wilfully and corruptly giving a false certificate under subsection (1) as it applies in relation to any officer of the county court wilfully and corruptly giving a false certificate under section 133(1) of that Act.

3

Sections 135 and 136 of that Act (offences of pretending to have court’s authority etc) apply in relation to the family court as they apply in relation to the county court.

31OJustices’ clerks and assistants: functions

1

The Lord Chancellor may by rules made with the agreement of the Lord Chief Justice and after consulting the Family Procedure Rule Committee—

a

make provision enabling functions of the family court, or of a judge of the court, to be carried out by a justices’ clerk;

b

make provision enabling functions of a justices’ clerk given under paragraph (a), or specified in subsection (2), to be carried out by an assistant to a justices’ clerk.

2

The functions of a justices’ clerk include—

a

giving advice to lay judges of the family court about matters of law (including procedure and practice) on questions arising in connection with the discharge by them of functions conferred on them or the court, including questions arising when the clerk is not personally attending on them, and

b

power, at any time when the clerk thinks that the clerk should do so, to bring to the attention of lay judges of the family court any point of law (including procedure and practice) that is or may be involved in any question so arising;

and in this subsection “lay judge of the family court” means a judge of the court who is within section 31C(1)(y).

3

Subsection (2) does not limit—

a

the functions of a justices’ clerk, or

b

the matters on which any judge of the family court may obtain assistance from a justices’ clerk.

4

A justices’ clerk is not subject to the direction of the Lord Chancellor or any other person when carrying out—

a

a function of the family court or of a judge of the court, or

b

a function specified in subsection (2);

and an assistant to a justices’ clerk when carrying out any such function is not subject to the direction of any person other than a justices’ clerk.

5

No action lies against a person in respect of anything done or not done in carrying out functions of the family court or of a judge of the court—

a

in execution of the person’s duties as a justices’ clerk or an assistant to a justices’ clerk, and

b

in relation to matters within the person’s jurisdiction.

6

An action lies against a person in respect of anything done or not done in carrying out functions of the family court or of a judge of the court—

a

in purported execution of the person’s duties as a justices’ clerk or an assistant to a justices’ clerk, and

b

in relation to a matter not within the person’s jurisdiction,

if, but only if, it is proved that the person acted in bad faith.

7

If an action is brought in circumstances in which subsection (5) or (6) provides that no action lies, the court in which the action is brought—

a

may, on the application of the defendant, strike out the proceedings in the action, and

b

if it does so, may if it thinks fit order the person bringing the action to pay costs.

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under this section.

31POrders, regulations and rules under Part 4A

1

Any power of the Lord Chancellor to make an order, regulations or rules under this Part—

a

is exercisable by statutory instrument,

b

includes power to make different provision for different purposes, and

c

includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

2

The Lord Chancellor may not make the first rules under section 31O(1) unless a draft of the statutory instrument containing the rules (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

3

A statutory instrument that—

a

contains an order, regulations or rules made under this Part by the Lord Chancellor other than regulations under section 31M, and

b

is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of Parliament.

Part 2The family court: further amendments

2Debtors Act 1869 (c. 62)

1

In proviso (1) to section 5 of the Debtors Act 1869—

a

for the words from “any court other than” to “is to say,” substitute “the county court—”, and

b

omit paragraph (c).

2

In that section—

a

for “superior courts may” substitute “High Court or family court may”,

b

for “by a superior court”, and for “by any superior court”, substitute “by the High Court or family court”, and

c

at the end insert—

Section 31E(1)(b) of the Matrimonial and Family Proceedings Act 1984 (family court has county court’s powers) does not apply in relation to the powers given by this section to the county court.

Maintenance Orders Act 1958 (c. 39)

3

The Maintenance Orders Act 1958 is amended as follows, but sections 2(1) to (5), 2A and 5(2) to (4) of that Act as applied by section 36(3) of the Civil Jurisdiction and Judgments Act 1982 (re-registration in different Northern Ireland court of orders made in England and Wales or Scotland and registered in a Northern Ireland court) have effect without the amendments made in them by this Schedule.

4

1

Section 1 (application of Part 1) is amended as follows.

2

In subsection (1) (purpose of Part 1) for the words from “to be registered” to the end substitute “to be registered in the family court and, subject to those provisions, while so registered to be enforced in like manner as an order made by the family court and to be varied by that court.”

3

In subsection (2) (registered orders deemed to be made by court in which registered) for each of “England” and “the court in England in which it is so registered” substitute “the High Court”.

4

In subsection (2A) (orders to which Part applies)—

a

in paragraph (a) omit “or a county court or a magistrates’ court”, and

b

in paragraph (b) for “England” substitute “the High Court”.

5

In subsection (3) for the definition of “High Court order”, “county court order” and “magistrates’ court order” substitute—

“High Court order” means an order made by the High Court;

6

Omit subsections (4) to (6) (registration in magistrates’ courts).

9

In subsection (6B) (no application to be made to a magistrates’ court for variation of certain orders) for “any court” substitute “the family court”.

9

1

Section 4A (variation etc of orders registered in High Court) is amended as follows.

2

Omit subsection (1) (orders to which section applies).

3

In subsection (2), and in the title, for “High Court”, in each place, substitute “family court”.

4

In subsection (2) omit paragraph (a) (including the “and” at the end).

10

1

Section 5 (cancellation of registration) is amended as follows.

2

4

For the title substitute “Repeat applications to enforce payment of maintenance arrears”.

13

In section 21(1) omit the definition of “magistrates’ court”.

14Public Records Act 1958 (c. 51)

In paragraph 4(1) of Schedule 1 to the Public Records Act 1958 (records which are public records) after paragraph (a) insert—

aa

records of the family court;

15Administration of Justice Act 1960 (c. 65)

1

Section 13 of the Administration of Justice Act 1970 (appeals in cases of contempt of court) is amended as follows.

2

After subsection (2) insert—

2A

Paragraphs (a) to (c) of subsection (2) of this section do not apply in relation to appeals under this section from an order or decision of the family court, but (subject to any provision made under section 56 of the Access of Justice Act 1999 or by or under any other enactment) such an appeal shall lie to the Court of Appeal.

3

In subsection (5)(a) (orders and decisions of High Court etc to which section applies) after “High Court,” insert “the family court,”.

16Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

In section 1(4) of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (courts to which section applies) after “the Crown Court” insert “, the family court”.

17Civil Evidence Act 1968 (c. 64)

In section 12(5) of the Civil Evidence Act 1968 in the definition of “matrimonial proceedings” for “a county” substitute “family”.

18Administration of Justice Act 1970 (c. 31)

1

In section 11 of the Administration of Justice Act 1970 (restriction on powers of committal under section 5 of the Debtors Act 1869)—

a

omit the “and” at the end of paragraph (a),

b

in paragraph (b) for the words from “in respect” to “judgment” substitute “in respect of a judgment”, and

c

after paragraph (b) insert

; and

c

by the family court in respect of a High Court or family court maintenance order.

2

In section 28 of that Act (interpretation)—

a

for “, “county court maintenance order”” substitute “and “family court maintenance order””, and

b

for “, a county court” substitute “and the family court”.

19Courts Act 1971 (c. 23)

Omit section 52(3A) of the Courts Act 1971 (subsection (3) does not apply to family proceedings in a magistrates’ court).

Attachment of Earnings Act 1971 (c. 32)

20

The Attachment of Earnings Act 1971 is amended as follows.

21

1

Section 1 (courts with power to attach earnings) is amended as follows.

2

After subsection (1) insert—

1A

The family court may make an attachment of earnings order to secure payments under a High Court or family court maintenance order.

3

In subsection (2) (county court) omit paragraph (a) (maintenance orders).

4

In subsection (3) (magistrates’ courts) omit paragraph (a) (maintenance orders).

22

In section 2(b) (meaning of “High Court maintenance order” etc)—

a

for “, “county court maintenance order” and “magistrates’ court” substitute “and “family court”, and

b

for “, a county court and a magistrates’ court;” substitute “and the family court;”.

23

1

Section 3 (application for order and conditions of court’s power to make it) is amended as follows.

2

In subsection (1)(a) (payee may apply) after “through” insert “any court or”.

3

In subsection (1) (applicants) for paragraph (c) substitute—

c

without prejudice to paragraph (a) above, an officer of the family court if the application is to the family court for an order to secure maintenance payments and there is in force an order that those payments be made to the court or an officer of the court;

4

In subsections (1)(d)(ii) and (4)(a) (maintenance payments) for the words between “or” and “for” substitute “the family court”.

5

In subsection (4)—

a

omit paragraph (b) and the “or” preceding it, and

b

in the words after paragraph (b), omit the words after “1869”.

24

In section 6(7) (meaning of “collecting officer”)—

a

in paragraph (a)(ii) after “of” insert “the family court or”, and

b

after paragraph (a) insert—

aa

in the case of an order made by the family court, the appropriate officer of that court;

25

In section 8(3) (order ceases to have effect when warrant issued) omit the words after “related maintenance order”.

26

In section 10 (reduction of normal deduction rate)—

a

in subsection (2) for “a county” substitute “the family”, and

b

omit subsection (3) (magistrates’ courts).

27

In section 11(1)(a) (registered maintenance orders) for the words after “provides” substitute “for the registration in the family court of a High Court maintenance order);”.

28

In section 15D (interpretation of sections 15A to 15C) after subsection (2) insert—

2A

If the lapsed order was made by the family court, the proper authority is the family court.

29

In section 16(2)(d) (power of collecting officer) for “magistrates’ court” substitute “family court”.

30

1

Section 18 (collecting officers of magistrates’ courts) is amended as follows.

2

In subsection (1)—

a

for the words before paragraph (a) substitute “Where payments under a maintenance order are payable to the family court or an officer of the family court for transmission to a person, no officer of the family court is to—”, and

b

in the words after paragraph (c) for “him” substitute “the family court or an officer of that court”.

3

In subsection (2) for “the designated officer for a magistrates’ court” substitute “an officer of the family court”.

4

Omit subsection (3).

31

1

Section 20 (persons residing outside England and Wales) is amended as follows.

2

In subsection (1)—

a

for “a magistrates’ court”, in both places, substitute “the family court”, and

b

for “a complaint”, in both places, substitute “an application”.

3

In subsections (2) to (4) for “complaint”, in each place, substitute “application”.

4

In subsection (4) for “complainant” substitute “applicant”.

32

In section 21 (costs on application under section 16)—

a

in subsection (1) omit “(but subject to section 18(2)(b) of this Act)”, and

b

in subsection (2) for the words from “deemed—” to “otherwise,” substitute “deemed”.

33

In section 23 (enforcement) after subsection (10) insert—

10A

This section applies in relation to the family court as it applies in relation to the county court, but as if the reference in subsection (8) to section 129 of the County Courts Act 1984 were a reference to section 31L(1) of the Matrimonial and Family Proceedings Act 1984.

34Matrimonial Causes Act 1973 (c. 18)

In section 48(2) (nullity proceedings to be in private unless judge otherwise directs) for “judge” substitute “court”.

35Litigants in Person (Costs and Expenses) Act 1975 (c. 47)

In paragraph (a) of the second sentence in section 1(1) of the Litigants in Person (Costs and Expenses) Act 1975 before “in the Senior” insert “in the family court,”.

36Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)

1

The Inheritance (Provision for Family and Dependants) Act 1975 is amended as follows.

2

In section 15(1) (restriction imposed in divorce proceedings etc on application under the 1975 Act: meaning of “the court”) for the words from “, where a county court has jurisdiction” to the end substitute “the family court”.

3

In section 15ZA(2) (restriction imposed in proceedings for the dissolution etc of a civil partnership on application under the 1975 Act: meaning of “the court”) for the words from “, where a county court has jurisdiction” to the end substitute “the family court”.

4

In section 15A(1) (restriction imposed in proceedings under Matrimonial and Family Proceedings Act 1984 on application under the 1975 Act: meaning of “the court”) for the words from “, where a county court has jurisdiction” to the end substitute “the family court”.

5

In section 15B(2) (restriction imposed in proceedings under Schedule 7 to the Civil Partnership Act 2004 on application under the 1975 Act: meaning of “the court”) for the words from “, where a county court has jurisdiction” to the end substitute “the family court”.

37Torts (Interference with Goods) Act 1977 (c. 32)

In section 4 of the Torts (Interference with Goods) Act 1977 (interlocutory relief where goods are detained) after subsection (5) insert—

6

Subsections (1) to (4) apply in relation to the family court in England and Wales as they apply in relation to the High Court in England and Wales, but as if references in those subsections to rules of court (including references to rules of court under any particular enactment) were references to Family Procedure Rules.

38Charging Orders Act 1979 (c. 53)

1

The Charging Orders Act 1979 is amended as follows.

2

In sections 1(1) and (6), 3(4A)(a) and 6(2) (charging orders in respect of orders of certain courts) after “High Court”, in each place, insert “or the family court”.

3

In section 1(2)(b) (enforcement of High Court maintenance order) for “a county” substitute “the family”.

4

In section 1(2) (meaning of “appropriate court”) after paragraph (b) insert—

ba

in a case where paragraph (a) does not apply and the order to be enforced is an order of the family court, the family court;

5

In section 1(2)(c) for “neither paragraph (a) nor paragraph (b)” substitute “none of paragraphs (a), (b) and (ba)”.

Magistrates’ Courts Act 1980 (c. 43)

39

The Magistrates’ Courts Act 1980 is amended as follows.

40

In section 58(2) (sums recoverable summarily as a civil debt) omit paragraph (a) (including the “or” at the end).

41

1

Section 59 (orders for periodical payment: means of payment) is amended as follows.

2

In subsection (1) (duty to exercise powers under subsection (3))—

a

omit the words from “then” preceding paragraph (a) to “maintenance order,” in paragraph (b), and

b

for “that subsection” substitute “subsection (3) below”.

3

Omit subsections (2), (3)(cc), (3A), (5), (7) to (12) (maintenance orders).

4

In subsection (3) omit paragraphs (c) to (d).

42

1

Section 59A (orders for periodical payment: proceedings by designated officer) is amended as follows.

2

In subsections (1) and (2) for “a relevant UK order” substitute “an order made by a magistrates’ court”.

3

In subsection (7) (interpretation)—

a

in the definition of “the relevant designated officer”—

i

after paragraph (a) insert “and”, and

ii

omit paragraph (c) and the “and” preceding it,

b

omit the definition of “relevant UK order”, and

c

omit the words after that definition.

43

Omit section 59B (power of magistrates’ court to impose penalty for breach of certain maintenance orders).

44

In section 60 (variation etc of orders for periodical payments)—

a

omit subsections (3) to (10B) (which relate to maintenance orders), and

b

in subsection (11) (interpretation) omit paragraph (b) and the “and” preceding it.

45

In section 61(2) in the definition of “periodical payments order” omit the words from “, or registered” to “1958,”.

46

1

Section 62 (payments required to be made to a child) is amended as follows.

2

In subsection (1) omit paragraph (b) and the “or” preceding it.

3

In subsection (3) omit “or registered in”.

4

Omit subsection (6) (meaning of “registered”).

47

In section 64 (costs)—

a

omit subsections (1A), (4) and (4A),

b

in subsection (2) omit “or (4A)”, and

c

in subsection (3) omit “Subject to subsection (4) below,”.

48

Omit sections 65 to 67, 68A, 69, 70, 71, 73, 74 and 75(2A) to (2C) (family proceedings in magistrates’ courts).

49

Omit—

a

sections 76(4) to (6), 92(1)(a) and 93 to 95 (enforcement of maintenance orders),

b

in section 80(1) the words “or has ordered the enforcement of a sum due from a person under a magistrates’ court maintenance order”, and

c

in section 100 (evidence) paragraph (b) and the “or” preceding it.

50

1

Section 111A (appeals on ground of error of law etc in family proceedings in a magistrates’ court) is amended as follows.

2

In subsection (1) for “family proceedings” substitute “proceedings under the Child Support Act 1991”.

3

In subsection (2) (appeal to a county court) for “a county” substitute “the family”.

4

In subsection (3)(a) (other rights to appeal exclude right under subsection (2)) before “against” insert “or the family court”.

5

Omit subsection (5) (meaning in the section of “family proceedings”).

6

In the title for “family” substitute “child support”.

51

In section 112(2) (decisions on appeals under section 111A) for “a county” substitute “the family” in both places.

52

In section 144 (procedure rules for civil proceedings in magistrates’ courts and before justices’ clerks) after subsection (1) insert—

1ZA

Subsection (1) does not apply in relation to functions of justices’ clerks given under section 31O(1)(a), or specified in section 31O(2), of the Matrimonial and Family Proceedings Act 1984 (functions in the family court).

53Contempt of Court Act 1981 (c. 49)

In section 14 of the Contempt of Court Act 1981 (penalties for contempt of court) but not in that section in its application to Northern Ireland (which in its application to Northern Ireland has effect as set out in Schedule 4 to that Act) before subsection (5) insert—

4B

The preceding provisions of this section do not apply to the family court, but—

a

this is without prejudice to the operation of section 31E(1)(a) of the Matrimonial and Family Proceedings Act 1984 (family court has High Court’s powers) in relation to the powers of the High Court that are limited or conferred by those provisions of this section, and

b

section 31E(1)(b) of that Act (family court has county court’s powers) does not apply in relation to the powers of the county court that are limited or conferred by those provisions of this section.

Senior Courts Act 1981 (c. 54)

54

The Senior Courts Act 1981 is amended as follows.

55

In section 33 (powers of High Court exercisable before commencement of action) after subsection (2) insert—

3

This section applies in relation to the family court as it applies in relation to the High Court.

56

In section 34 (powers of High Court to order disclosure or inspection of documents or property of non-party) after subsection (4) insert—

5

Subsections (2) and (3) apply in relation to the family court as they apply in relation to the High Court.

57

In section 35(1) (limits on High Court’s power to make orders under sections 33 and 34) for “The High Court” substitute “A court”.

58

In section 37 (powers of High Court to grant injunctions or appoint receivers) after subsection (5) insert—

6

This section applies in relation to the family court as it applies in relation to the High Court.

59

In section 39(1) (powers of High Court to order documents to be executed or indorsed by nominated person)—

a

in the words before paragraph (a) after “High Court” insert “or family court”, and

b

in paragraph (b) for “the High Court” substitute “that court”.

60

In section 42(1)(a) and (b) (engaging in vexatious civil proceedings is ground for High Court making order under the section) after “High Court” insert “or the family court”.

61

1

Section 51 (costs) is amended as follows.

2

In subsection (1) (section applies to civil division of Court of Appeal, High Court and county court) before the “and” at the end of paragraph (b) insert—

ba

the family court;

3

In subsection (8)(b) (proceedings commenced in High Court that should have been commenced in county court) before “in accordance” insert “or family court”.

62

In section 70 (assessors) after subsection (4) insert—

5

Subsections (1) and (2) apply in relation to the family court as they apply in relation to the High Court.

63

In Schedule 1 (distribution of business in High Court) omit paragraph 3(d) (appeals from enforcement decisions of magistrates’ courts in relation to certain family matters).

County Courts Act 1984 (c. 28)

64

The County Courts Act 1984 is amended as follows.

65

In section 4(1) (certain public buildings may be used for county court sittings free of charges other than charges for light, heat and cleaning) before “, there is a building” insert “or a sitting of the family court is held”.

66

1

In section 38(3) (county court does not have power to make certain orders) for “A county court shall not have” substitute “Neither the county court nor the family court has”.

2

In section 38(4) (regulations about orders which court may not make) after paragraph (d) insert

; and

e

may make different provision for different purposes.

67

Omit sections 40(9) and 42(8) and, in section 41(2), the words after “prerogative orders)” (references to family jurisdiction of county court).

68

In section 57 (evidence of prisoners) after subsection (4) insert—

5

This section applies in relation to the family court as it applies in relation to the county court.

69

In section 61 (rights of audience by direction) after subsection (3) insert—

3A

Subsections (1) to (3) apply in relation to the family court as they apply in relation to the county court.

70

In section 71 (satisfaction of orders for payment of costs etc) after subsection (2) insert—

3

Subsections (1) and (2), so far as relating to costs, apply in relation to the family court as they apply in relation to the county court.

71

In section 131 (appointment of auditors etc) after “controlling the accounts of” insert “the family court or”.

72

In section 132 (payments of expenses etc)—

a

in paragraph (b) (costs of books etc) after “offices” insert “, and the family court and its offices,”,

b

in paragraph (c) (costs of transport to prison) after “committed by” insert “the family court or”, and

c

in paragraph (d) (all other expenses arising out of any jurisdiction conferred) after “conferred” insert “on the family court or any officer of the family court or”.

73Administration of Justice Act 1985 (c. 61)

In section 53(2) of the Administration of Justice Act 1985 (costs where judge unable to act) before the “and” at the end of paragraph (b) insert—

ba

proceedings in the family court;

74Insolvency Act 1986 (c. 45)

In section 281(8) of the Insolvency Act 1986 (discharge does not release bankrupt from bankruptcy debt arising under order made in family proceedings), in the definition of “family proceedings”, for paragraph (a) (but not the “and” following it) substitute—

a

proceedings in the family court;

75Children Act 1989 (c. 41)

In section 97 of the Children Act 1989 (privacy for children involved in certain proceedings)—

a

omit subsections (1), (7) and (8) (which relate to certain family proceedings in magistrates’ courts), and

b

in subsection (2) (restrictions on publication) for “, a county court or a magistrates’ court” substitute “or the family court”.

76Courts and Legal Services Act 1990 (c. 41)

1

The Courts and Legal Services Act 1990 is amended as follows.

2

In section 1(1) (allocation of business between High Court and county court)—

a

in paragraph (a) (conferring jurisdiction on High Court) after “which” insert “the family court or”,

b

in paragraph (b) (conferring jurisdiction on county court) after “on” insert “the family court or”,

c

in paragraph (c) (allocating proceedings) after “High Court” insert “or to the family court”,

d

after paragraph (d) insert—

da

specifying proceedings which may be commenced only in the family court,

e

after paragraph (f) insert—

fa

specifying proceedings which may be taken only in the family court;

3

In section 1(3) (criteria for distinguishing categories of proceedings) after paragraph (c) insert—

ca

any relationship between the proceedings and any other proceedings;

4

In section 1(7)(a) (power to make consequential amendments) after sub-paragraph (ii) insert

or

iii

the jurisdiction, practice or procedure of the family court,

5

In section 1(10) (no power to confer judicial review jurisdiction on county court) after “on” insert “the family court or”.

6

In the title of section 1 after “High Court” insert “, family court”.

7

Omit sections 9 and 10 (allocation of family proceedings in county court and rules about family proceedings in magistrates’ courts).

8

In section 11 (representation in certain county court cases)—

a

after subsection (9) insert—

9A

This section applies in relation to the family court as it applies in relation to the county court.

b

in the title after “county court” insert “and family court”.

77Maintenance Enforcement Act 1991 (c. 17)

1

Section 1 of the Maintenance Enforcement Act 1991 (High Court and county court maintenance orders) is amended as follows.

2

For “a county court”, in each place, substitute “the family court”.

3

After subsection (1) insert—

1A

Where the family court makes a qualifying periodical maintenance order, it may at the same time exercise any of its powers under subsection (4A) below in relation to the order, whether of its own motion or on an application made under this subsection by an interested party.

4

After subsection (3) insert—

3A

Where the family court has made a qualifying periodical maintenance order, it may at any later time—

a

on an application made under this subsection by an interested party, or

b

of its own motion, in the course of any proceedings concerning the order,

exercise any of its powers under subsection (4A) below in relation to the order.

5

After subsection (4) insert—

4A

The powers mentioned in subsections (1A) and (3A) above are—

a

the power to order that payments under the qualifying periodical maintenance order in question be made to the court;

b

the power to order that payments under the qualifying periodical maintenance order in question required to be made to the court are to be so made by such method of payment falling within subsection (5) below as the court may specify in the particular case; or

c

the power to order that payments under the qualifying periodical maintenance order in question be made in accordance with arrangements for their collection made by the Secretary of State under section 30 of the Child Support Act 1991 and regulations made under that section.

6

In subsection (5) (methods of payment) after paragraph (b) insert

; or

c

any method of payment specified in regulations made by the Lord Chancellor.

7

In subsection (6)(a) after “(4) above” insert “or under paragraph (b) of subsection (4A) above”.

8

In subsection (7) (powers where order made under subsection (4)(a))—

a

for “or (3)” substitute “, (1A), (3) or (3A)”, and

b

after “(4)(a)” insert “or (4A)”.

9

After subsection (8) insert—

8A

No order made by the family court under subsection (4) or (4A)(a) or (b) above has effect at any time when the Secretary of State is, under section 30 of the Child Support Act 1991 and regulations made under that section, arranging for the collection of payments under the qualifying periodical maintenance order in question.

10

After subsection (10) insert—

11

The power of the Lord Chancellor to make regulations under subsection (5)(c) above is exercisable by statutory instrument, and a statutory instrument containing regulations under subsection (5)(c) is subject to annulment in pursuance of a resolution of either House of Parliament.

11

In the title, and in the preceding italic heading, for “county courts” substitute “family court”.

Access to Justice Act 1999 (c. 22)

78

The Access to Justice Act 1999 is amended as follows.

79

In section 54(1) (rules may require permission to appeal) after paragraph (a) insert—

aa

the family court,

80

In section 55(1) (limitations on right to appeal to Court of Appeal against a decision made on an appeal) before “or the High Court” insert “, the family court”.

81

In section 56(1) (power to prescribe alternative appellate court) after paragraph (a) insert—

aa

the family court,

82

In section 57(1) (appeals otherwise than to Court of Appeal may be redirected there)—

a

before “or the High Court” insert “, the family court”, and

b

after paragraph (b) insert

or

c

the President of the Family Division where it is the family court from which or to which the appeal is made, or from which permission to appeal is sought,

Courts Act 2003 (c. 39)

83

The Courts Act 2003 is amended as follows.

84

In section 1(1) (Lord Chancellor’s general duty to ensure that support systems and services, including staff and accommodation, are provided for certain courts) for the “and” at the end of paragraph (b) substitute—

ba

the family court, and

85

In section 18(5)(a) (presiding at sittings of justices) omit “or family proceedings court”.

86

In section 19(2)(e) (committees may be established under rules to advise on authorisation of justices for specific purposes) for “members of family proceedings courts or” substitute “judges of the family court or as members of”.

87

1

Section 28 (functions of justices’ clerks and assistant clerks) is amended as follows.

2

After subsection (2) insert—

2A

Subsection (2) does not apply in relation to functions of a justices’ clerk given under section 31O(1)(a), or specified in section 31O(2), of the Matrimonial and Family Proceedings Act 1984 (functions in the family court, but see section 31O(1)(b) of that Act).

3

After subsection (5) insert—

5A

For the purposes of subsections (1) to (5) the functions of justices of the peace do not include functions as a judge of the family court.

4

Omit subsection (9)(b) (requirement to consult Family Procedure Rule Committee) but not the “and” following it.

88

Omit section 30(6) (exclusion of family proceedings).

89

In section 34(2) (no order for costs in legal proceedings to be made against justices’ clerk or assistant in respect of acts or omissions in exercising functions of a single justice of the peace) after “function of a single justice of the peace” insert “or a function of the family court or of a judge of that court.”

90

In section 66 (judges having powers of District Judges (Magistrates’ Courts)) omit—

a

in subsection (1), paragraph (b) and the “and” preceding it, and

b

subsection (4).

91

1

Section 75 (Family Procedure Rules) is amended as follows.

2

In subsection (1) (family proceedings in certain courts to be governed by Family Procedure Rules) omit the words after “proceedings”.

3

For subsection (3) (meaning of “family proceedings”) substitute—

3

Family proceedings” means—

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