PART 1GENERAL

Citation, commencement and extent1

1

This Order may be cited as the Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015.

2

Subject to paragraph (3), this Order comes into force on the day after the day on which it is made.

3

Articles 4, 5(1) and 6 and Schedules 1, 2 and 3 come into force at the end of the period of two months beginning with the day on which this Order is made.

4

Accordingly, a provision of CCA 2013 that is extended to Northern Ireland by article 3, 4 or 7 comes into force in Northern Ireland—

a

at the same time as the article which extends the provision, so far as the provision has come into force before that time outside Northern Ireland;

b

otherwise, on such day or days as may be appointed by order under section 61(2) of CCA 2013.

5

An amendment, repeal or revocation made by this Order has the same extent as the provision amended, repealed or revoked.

Interpretation2

In this Order—

  • “CCA 2013” means the Crime and Courts Act 2013;

  • “relevant NCA provisions” has the same meaning as in Schedule 24 to CCA 2013.

PART 2THE NATIONAL CRIME AGENCY

Relevant NCA provisions to extend to Northern Ireland initially3

1

The following relevant NCA provisions extend to Northern Ireland—

a

section 3(2)(a) so far as it requires consultation with the Department of Justice in Northern Ireland;

b

in section 4—

i

subsection (6)(a) so far as it requires consultation with the Department of Justice in Northern Ireland;

ii

subsection (7)(b);

iii

subsection (8)(c);

c

in Schedule 1—

i

paragraph 7(1)(b);

ii

paragraph 8(3)(b);

d

in Schedule 2—

i

paragraph 5(b);

ii

paragraph 6(2)(b)(ii), (4) and (5);

iii

paragraph 8(4) and (5).

2

In section 4 of CCA 2013 (operations)—

a

in subsection (6)(a), after “partners” insert “and the Northern Ireland Policing Board”;

b

in subsection (7)(b), after the first “Ireland” insert “and the Northern Ireland Policing Board”;

c

in subsection (8)(c), after the first “Ireland” insert “and the Northern Ireland Policing Board”.

Other relevant NCA provisions to extend to Northern Ireland subsequently4

1

The following relevant NCA provisions extend to Northern Ireland—

a

section 11(8);

b

in Schedule 3—

i

paragraph 1(2) so far as it imposes a duty on a member of the Police Service of Northern Ireland or a person operating in Northern Ireland who falls within paragraph 1(3)(f);

ii

paragraph 3 so far as it relates to the Chief Constable of the Police Service of Northern Ireland;

iii

paragraph 25;

iv

paragraph 26(3)(b);

c

in Schedule 5—

i

paragraph 11(1)(c);

ii

paragraph 11(6) to (8);

iii

in paragraph 11(9), the definitions of “Northern Ireland general authorisation” and “Northern Ireland operational authorisation”;

iv

paragraph 13;

v

in paragraph 30, the definition of “powers and privileges of a Northern Ireland constable”;

d

in Schedule 6, paragraph 19.

2

Schedule 1 (extension of relevant NCA provisions: consequential and connected provision) has effect.

Other provision relating to NCA functions5

1

Schedule 2 (amendments relating to NCA functions) has effect.

2

Articles 4 and 5 of the National Crime Agency (Limitation of Extension to Northern Ireland) Order 20132 are revoked.

The Police and Criminal Evidence (Northern Ireland) Order 19896

1

The Police and Criminal Evidence (Northern Ireland) Order 19893 applies in relation to—

a

designated persons, and

b

the exercise of powers by such persons under Part 1 of CCA 2013,

with the modifications set out in Schedule 3.

2

In article 63A of that Order (fingerprints and samples: supplementary provisions)4, in paragraph (1A)(b), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

3

In this article “designated person” means an NCA officer designated as a person having the powers and privileges of a constable under section 10(1)(a) of CCA 2013.

PART 3PROCEEDS OF CRIME

Proceeds of crime provisions to extend to Northern Ireland7

The following extend to Northern Ireland—

a

the relevant civil recovery provisions, as defined in paragraph 1 of Schedule 25 to CCA 2013, and

b

the relevant investigation provisions, as defined in paragraph 8 of that Schedule.

Extension of relevant civil recovery provisions: consequential provision8

1

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

2

In section 282A (scope of powers)6

a

in subsection (1), omit “in England and Wales”,

b

in subsection (2), omit “in England and Wales”,

c

in subsection (4), omit “and” at the end of paragraph (a), and

d

at the end of that subsection insert—

, and

c

in relation to an order made by the High Court in Northern Ireland, Northern Ireland.

3

In section 282B (enforcement abroad before recovery order: enforcement authority)7

a

in subsection (1)(c), omit “in relation to England and Wales and Scotland”, and

b

in subsection (2)(a), after “Wales” insert “and Northern Ireland”.

4

In section 282C (enforcement abroad before recovery order: receiver or administrator)8

a

in subsection (1)(a), omit “made by the High Court in England and Wales”, and

b

in subsection (2)(a), omit “made by the High Court in England and Wales”.

5

In section 282D (evidence overseas: interim receiver or interim administrator)9

a

in subsection (1)(a), omit “made by the High Court in England and Wales”, and

b

in subsection (3), omit “in England and Wales”.

6

In section 282F(1)(a) (enforcement abroad: after recovery order)10, omit “made by the High Court in England and Wales or the Court of Session”.

7

In section 316(8B) (general interpretation)11, for “England and Wales or Scotland” substitute “a part of the United Kingdom”.

8

The amendments made by this article are deemed always to have had effect.

Extension of relevant investigation provisions: consequential provision9

In Part 1 of Schedule 19 to CCA 2013 (proceeds of crime: civil recovery investigations), in the headings before paragraphs 4, 6, 8, 10 and 12, at the end insert “and Northern Ireland”.

Karen BradleyParliamentary Under Secretary of StateHome Office