This is the original version (as it was originally enacted).
(1) A National Crime Agency, consisting of the NCA officers, is to be formed.
(2) The NCA is to be under the direction and control of one of the NCA officers, who is to be known as the Director General of the National Crime Agency.
(3) The NCA is to have—
(a) the functions conferred by this section;
(b) the functions conferred by the Proceeds of Crime Act 2002; and
(c) the other functions conferred by this Act and by other enactments.
(4) The NCA is to have the function (the “crime-reduction function”) of securing that efficient and effective activities to combat organised crime and serious crime are carried out (whether by the NCA, other law enforcement agencies, or other persons).
(5) The NCA is to have the function (the “criminal intelligence function”) of gathering, storing, processing, analysing, and disseminating information that is relevant to any of the following—
(a) activities to combat organised crime or serious crime;
(b) activities to combat any other kind of crime;
(c) exploitation proceeds investigations (within the meaning of section 341(5) of the Proceeds of Crime Act 2002), exploitation proceeds orders (within the meaning of Part 7 of the Coroners and Justice Act 2009), and applications for such orders.
(6) The NCA must discharge the crime-reduction function in the following ways (in particular).
(7) The first way is by the NCA itself—
(a) preventing and detecting organised crime and serious crime,
(b) investigating offences relating to organised crime or serious crime, and
(c) otherwise carrying out activities to combat organised crime and serious crime, including by instituting criminal proceedings in England and Wales and Northern Ireland.
(8) The second way is by the NCA securing that activities to combat organised crime or serious crime are carried out by persons other than the NCA.
(9) The third way is by the NCA securing improvements—
(a) in co-operation between persons who carry out activities to combat organised crime or serious crime, and
(b) in co-ordination of activities to combat organised crime or serious crime.
(10) The crime-reduction function does not include—
(a) the function of the NCA itself prosecuting offences; or
(b) the function of the NCA itself instituting criminal proceedings in Scotland.
(11) In this Part, a reference to activities to combat crime (or a particular kind of crime, such as organised crime or serious crime) is a reference to—
(a) the prevention and detection of crime (or that kind of crime),
(b) the investigation and prosecution of offences (or offences relating to that kind of crime),
(c) the reduction of crime (or that kind of crime) in other ways, and
(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.
(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).
(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.
(1) The Director General has (by virtue of the function of direction and control of the NCA) the power to decide—
(a) which particular operations are to be mounted by NCA officers, and
(b) how such operations are to be conducted.
(2) In exercising functions, the Director General must have regard to—
(a) any strategic priorities for the NCA (see section 3);
(b) the annual plan (see below); and
(c) the framework document (see Part 1 of Schedule 2).
(3) Before the beginning of each financial year, the Director General must issue a document (the “annual plan”) setting out how the Director General intends that NCA functions are to be exercised during that year (including how they are to be exercised in Scotland and Northern Ireland).
(4) The annual plan for a financial year must include—
(a) a statement of any strategic priorities for the NCA,
(b) a statement of the operational priorities for the NCA, and
(c) in relation to each of the strategic and operational priorities, an explanation of how the Director General intends that the priority will be given effect to.
(5) The Director General must determine operational priorities for the NCA; and those priorities may relate—
(a) to matters to which current strategic priorities also relate, or
(b) to other matters;
but operational priorities must, in any event, be framed so as to be consistent with the current strategic priorities.
(6) In preparing any annual plan, the Director General must consult—
(a) the strategic partners, and
(b) any other persons whom the Director General considers it is appropriate to consult.
(7) The Director General is required by subsection (6)(a)—
(a) to consult the Scottish Ministers about the annual plan only as it relates to activities in Scotland; and
(b) to consult the Department of Justice in Northern Ireland about the annual plan only as it relates to activities in Northern Ireland.
(8) Before issuing any annual plan, the Director General must obtain—
(a) the consent of the Secretary of State to the plan,
(b) the consent of the Scottish Ministers to the plan as it relates to activities in Scotland, and
(c) the consent of the Department of Justice in Northern Ireland as it relates to activities in Northern Ireland.
(9) The Director General must arrange for each annual plan to be published in the manner which the Director General considers appropriate.
(10) Schedule 2 (the framework document & annual report) has effect.
(1) Any of the following persons may perform a task if the Director General requests the person to perform it—
(a) the chief officer of a UK police force;
(b) a UK law enforcement agency.
(2) A request under subsection (1)—
(a) may be made only if the Director General considers that performance of the task would assist the NCA to exercise functions;
(b) must explain how performance of the requested task would so assist the exercise of functions.
(3) The Director General may perform a task if any of the following persons requests the Director General to perform it—
(a) the chief officer of a UK police force;
(b) a UK law enforcement agency.
(4) A request under subsection (3)—
(a) may be made only if the person making it considers that performance of the task would assist that person — or, in a case where that person is the chief officer of a police force, would assist that person or police force — to exercise functions;
(b) must explain how performance of the requested task would so assist the exercise of functions.
(5) The Director General may direct any of the following persons to perform a task specified in the direction—
(a) the chief officer of an England and Wales police force;
(b) the Chief Constable of the British Transport Police.
(6) The Director General may give a direction under subsection (5) only if the Director General considers that—
(a) performance of the task would assist the NCA to exercise functions;
(b) it is expedient for the directed person to perform that task; and
(c) satisfactory arrangements cannot be made, or cannot be made in time, under subsection (1).
(7) A person given a direction under this section must comply with it.
(8) If a person is requested or directed under this section to perform a task, the person may comply with that request or direction by securing that the task is performed by another person.
(9) The Director General may give a direction under this section to the Chief Constable of the British Transport Police only if the Secretary of State consents.
(10) Schedule 3 (relationships between NCA and other agencies) has effect.
(11) This section has effect subject to Part 5 (payment for tasks etc) of Schedule 3.
(12) Paragraph 33 of Schedule 3 gives the Secretary of State power to amend this section.
(1) The Director General must—
(a) make arrangements for publishing information about the exercise of NCA functions and other matters relating to the NCA, and
(b) publish information in accordance with those arrangements.
(2) The framework document may impose on the Director General requirements in relation to performance of the duties imposed by subsection (1) (including requirements about what information is not to be published).
(3) The Director General must comply with any such requirements in the framework document (and accordingly the duty in section 4(2)(c) to have regard to that document does not apply in relation to such requirements).
(4) This section is subject to Schedule 7 (information: restrictions on disclosure).
(1) A person may disclose information to the NCA if the disclosure is made for the purposes of the exercise of any NCA function.
(2) Subsection (1) does not authorise any of the following to disclose information to the NCA—
(a) a person serving in the Security Service;
(b) a person serving in the Secret Intelligence Service;
(c) a person serving in GCHQ;
but this does not affect the disclosures which such a person may make to the NCA in accordance with intelligence service disclosure arrangements.
(3) Information obtained by the NCA in connection with the exercise of any NCA functions may be used by the NCA in connection with the exercise of any other NCA function.
(4) An NCA officer may disclose information obtained by the NCA in connection with the exercise of any NCA function if the disclosure is for any permitted purpose.
(5) Subsection (4) authorises an NCA officer to disclose information for the purpose of the exercise of—
(a) the functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (“PCA 2002”), or
(b) the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002,
only where the information has been obtained by the NCA in connection with the exercise of a function under PCA 2002 (other than a function under Part 6 of that Act).
(6) Where information has been obtained by the NCA in connection with the exercise of a function under Part 6 of PCA 2002 (revenue functions), subsection (4) does not authorise an NCA officer to disclose the information.
(7) But an NCA officer may disclose the information if the disclosure is—
(a) to the Commissioners for Her Majesty’s Revenue and Customs,
(b) to the Lord Advocate for the purposes of the exercise by the Lord Advocate of the Lord Advocate’s functions under Part 3 of PCA 2002 (confiscation: Scotland),
(c) to any person for purposes relating to civil proceedings (whether or not in the United Kingdom) which relate to a matter in respect of which the NCA has functions, or
(d) to any person for the purposes of compliance with an order of a court or tribunal (whether or not in the United Kingdom).
(8) A disclosure of information which is authorised or required by this Part does not breach—
(a) an obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(9) This section is subject to Schedule 7 (information: restrictions on disclosure).
(10) In this section—
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.
(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.
(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).
a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 applies (former Inland Revenue matters), or