Crime (International Co-operation) Act 2003

85 Liability in respect of foreign officers

(1) Section 42 of the Police Act 1997 (liability of Director General of NCIS for wrongful acts of constables etc.) is amended as follows.

(2) After subsection (5A) there is inserted—

“(5AA) This section shall have effect where a person is carrying out surveillance under section 76A of the Regulation of Investigatory Powers Act 2000 (foreign surveillance operations) as if—

(a) any unlawful conduct by that person in the course of carrying out the surveillance were unlawful conduct of a constable in the performance of his functions under the direction and control of the Director General of NCIS; and

(b) subsection (4) applied to the person carrying out the surveillance.”

(3) Where—

(a) a sum is paid by virtue of this section out of the NCIS service fund, 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 out of that fund,

he must pay into that fund the sum received by him by way of reimbursement.