The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015

PART 2 THE NATIONAL CRIME AGENCY

Relevant NCA provisions to extend to Northern Ireland initially

3.—(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 subsequently

4.—(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 functions

5.—(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 2013(1) are revoked.

The Police and Criminal Evidence (Northern Ireland) Order 1989

6.—(1) The Police and Criminal Evidence (Northern Ireland) Order 1989(2) 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)(3), 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.

(1)

S.I. 2013/2326.

(2)

S.I. 1989/1341 (N.I. 12).

(3)

Article 63A is inserted by article 12 of the Police (Amendment) (Northern Ireland) Order 1995, S.I. 1995/2993 (N.I. 17), and amended by article 34 of the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007, S.I. 2007/288 (N.I. 2) and paragraph 190 of Schedule 8 to the Crime and Courts Act 2013 (“CCA 2013”); there is another amendment to article 63A that is not relevant to this instrument.