The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013

Statutory Instruments

2013 No. 2318

National Crime Agency

The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013

Made

9th September 2013

Laid before Parliament

16th September 2013

Coming into force

7th October 2013

The Secretary of State, in exercise of the powers conferred by sections 59 and 60(a) of the Crime and Courts Act 2013(1), makes the following Order—

Citation and commencement

1.—(1) This Order may be cited as the Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013.

(2) This Order comes into force on 7th October 2013.

Consequential amendments

2.  The Schedule (which makes consequential amendments) has effect.

Saving provision

3.—(1) The amendments made by this Order to the instruments listed in paragraph (2) do not affect the operation of those instruments in relation to service by any person, before the coming into force of this Order, of the kinds mentioned in section 11(1)(ba), (bb), (bc), (bd), (bf), (c) or (d) of the Police Pensions Act 1976(2).

(2) The instruments are—

(a) The Police Pensions Regulations 1987(3);

(b) the Royal Ulster Constabulary Pensions Regulations 1988(4);

(c) the Police Regulations 2003(5);

(d) the Police Pensions Regulations 2006(6);

(e) the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006(7);

(f) the Police (Injury Benefit) Regulations 2006(8)

(g) the Police (Injury Benefit) (Scotland) Regulations 2007(9);

(h) the Police Pensions (Scotland) Regulations 2007(10);

(i) the Police Pension (Northern Ireland) Regulations 2009(11).

Jeremy Browne

Minister of State

Home Office

9th September 2013

Article 2

SCHEDULE Consequential Amendments

The Police Pensions Regulations 1987

1.  The Police Pensions Regulations 1987 are amended as follows.

2.—(1) Regulation A6 is amended in accordance with this paragraph.

(2) In paragraph (5A), for “specified employee of SOCA” substitute “specified NCA officer”.

(3) For paragraph (5B) substitute—

“(5B) In relation to a specified NCA officer, any reference in these Regulations—

(a) to a force shall be construed as a reference to the NCA;

(b) to a police pension authority shall be construed as a reference to the Director General of the NCA;

(c) to a pension supervising authority shall be construed as a reference to the Secretary of State.”.

(4) For paragraph (5C) substitute—

“(5C) For the purposes of regulation A4(3) to (6)—

(a) a specified NCA officer shall be deemed to hold the rank of a member of a home police force (other than the metropolitan police force) equivalent to his grade as set out in the following table—

Grade	Equivalent rank
5	Constable
4	Sergeant
3	Inspector (but not chief inspector)
2	Superintendent (but not chief superintendent)
1	Chief superintendent

(b) a specified NCA officer with a grade which is higher than 1 shall be deemed to hold the rank of assistant chief constable.”.

(5) Omit paragraphs (5D), (5E) and (5F).

3.  For regulation A12(2A) substitute—

“(2A) In the application of paragraph (2) to a specified NCA officer, the reference to “the ordinary duties of a member of the force” shall be construed as a reference to the ordinary duties of a member of the home police force in which the person last served before becoming a specified NCA officer.”.

4.—(1) Regulation A16 is amended in accordance with this paragraph.

(2) For sub-paragraph (f) substitute—

“(f) being a specified NCA officer, leaving the NCA for the purpose of joining a home police force as a regular policeman and joining that force in that capacity, where he leaves the NCA after giving notice of such period as required by his terms and conditions of employment of his intention to do so to the police pension authority or after giving such shorter period of notice as may be agreed between the officer and the authority.”.

(3) Omit sub-paragraphs (g) and (h).

5.—(1) Regulation A17(1) is amended in accordance with this paragraph.

(2) For sub-paragraph (aa) substitute—

“(aa) to the contract under which a specified NCA officer is employed by the NCA being terminated;”.

(3) Omit sub-paragraph (ab).

(4) For sub-paragraph (f) substitute—

“(f) on becoming a specified NCA officer;”.

(5) Omit sub-paragraph (g).

6.  For regulation A18(4) substitute—

“(4) This regulation shall not apply to a specified NCA officer.”.

7.  In regulation A19(1), for “, specified employee of SOCA or employed constable of NPIA” substitute “specified NCA officer”.

8.  For regulation B1(3A) substitute—

“(3A) This regulation shall not apply to a specified NCA officer who retires or retired without giving to the police pension authority notice of such period as required by his terms and conditions of employment of an intention to retire or such shorter period of notice as agreed between the officer and the authority, unless the authority has decided that this regulation should apply or the officer’s contract of employment is or was terminated.”.

9.—(1) Regulation B2A is amended in accordance with this paragraph.

(2) For paragraph (5) substitute—

“(5) A specified NCA officer who wishes to retire voluntarily must give to the police pension authority notice of such period as required by his terms and conditions of employment of his intention to retire or such shorter period of notice as may be agreed between the officer and the authority.”.

(3) Omit paragraph (6).

10.  For regulation E8(2A)(b) substitute—

“(b) so much as is attributable to the week of any allowances to which he was entitled under Schedule 3 to the Police Regulations 2003(12) or, in the case of a specified NCA officer, the equivalent allowances to which he was entitled under his terms and conditions of employment.”.

11.  For regulation G1(1) substitute—

“(1) Subject to paragraph (1A), the pensionable pay of a member of a police force at any time means his pay at the rate to which he is or was then entitled, account being taken of any retrospective increase in that rate, except that during a period of part-time service in a rank below that of superintendent it means so much of his pay at that rate as is attributable to his determined hours (within the meaning of the determination made by the Secretary of State under regulation 22 of the Police Regulations 2003), and during any period in which a member of a police force is a specified NCA officer, it means the pay at the rate to which he is or was then entitled under his terms and conditions of employment, account being taken of any retrospective increase in that rate.”.

12.  For regulation K1(1)(d) substitute—

“(d) he was not, immediately before he retired with the ill-health pension, a specified NCA officer,”.

13.  Omit regulation K4(3).

14.—(1) Schedule A is amended in accordance with this paragraph.

(2) Omit the definition of “an employed constable of NPIA”.

(3) For the definition of “maternity leave” substitute—

““maternity leave” has the same meaning as in regulation 3 of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of maternity leave taken by that officer whilst employed by the NCA;”.

(4) In the definition of “member of a police force”—

(a) for sub-paragraph (f) substitute—

“(f) a specified NCA officer;”;

(b) omit sub-paragraphs (g) and (h).

(5) After the definition of “member of this scheme” insert—

““NCA” means the National Crime Agency;”.

(6) Omit the definition of “NPIA”.

(7) For the definition of “parental leave” substitute—

““parental leave” means leave granted in accordance with regulation 33(8) of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of parental leave taken by that officer whilst employed by the NCA;”.

(8) For the definition of “part-time service” substitute—

““part-time service” means service as a regular policeman performed pursuant to an appointment under regulation 5(1) of the Police Regulations 2003 or any other part-time service as a regular policeman or part-time employment as a specified NCA officer;”.

(9) In the definition of “regular policeman”—

(a) for sub-paragraph (e) substitute—

“(e) a specified NCA officer;”;

(b) omit sub-paragraphs (f) and (g).

(10) Omit the definition of “senior NCA officer”.

(11) For the definition of “sick leave” substitute—

““sick leave” means leave taken in accordance with regulation 33(5) of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of sick leave taken by that officer whilst employed by the NCA;”.

(12) For the definition of “specified employee of SOCA” substitute—

““specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Act;”.

The Royal Ulster Constabulary Pensions Regulations 1988

15.  The Royal Ulster Constabulary Pensions Regulations 1988(13) are amended as follows.

16.—(1) Regulation A13B is amended in accordance with this paragraph.

(2) For the heading substitute—

“National Crime Agency”.

(3) In paragraph (1), for “specified employee of SOCA” substitute “specified NCA officer”.

(4) In paragraph (2)—

(a) in the words before sub-paragraph (a), for “specified employee of SOCA” substitute “specified NCA officer”;

(b) in sub-paragraph (a), for “SOCA” substitute “NCA”;

(c) in sub-paragraph (b), for “SOCA” substitute “NCA”.

(5) In paragraph (3)—

(a) in sub-paragraph (a)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”;

(iii) in the table, in the heading of the first column, for “SOCA” substitute “NCA”;

(b) in sub-paragraph (b)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”.

17.  Omit regulation A13C.

18.—(1) Regulation A14 is amended in accordance with this paragraph.

(2) In paragraph (1)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit the words from “in the case of an employed” to “any other case”.

(3) In paragraph (1A)—

(a) in the words before sub-paragraph (a)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in each other place) substitute “NCA”;

(b) in sub-paragraph (a), for “SOCA” substitute “NCA”;

(c) in sub-paragraph (b)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”.

(4) Omit paragraph (1B).

(5) In paragraph 4—

(a) in the words before sub-paragraph (a)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) omit the words from “who” to “Britain”;

(iii) for “SOCA” (in each other place) substitute “NCA”;

(b) in sub-paragraph (a), for “SOCA” substitute “NCA”;

(c) in sub-paragraph (b)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”.

(6) Omit paragraph 5.

19.  In regulation A15—

(a) in paragraph (1), for the words from “or on joining” to “NPIA” substitute “or on becoming a specified NCA officer”;

(b) in paragraph (1A)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”;

(c) omit paragraph (1B).

20.  In regulation A16(3)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or to an employed constable of NPIA”.

21.  In regulation A17(1)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or to an employed constable of NPIA”.

22.  In regulation B1(3A)—

(a) in sub-paragraph (a)—

(i) for “specified employee of SOCA” (in both places) substitute “specified NCA officer”;

(ii) for “SOCA” (in both other places) substitute “NCA”;

(b) omit sub-paragraph (b);

(c) in the words after sub-paragraph (b)—

(i) for “SOCA” substitute “NCA”;

(ii) omit “or NPIA (as the case may be)”.

23.  In regulation B2A—

(a) in paragraph (5)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in each other place) substitute “NCA”;

(b) omit paragraph (6).

24.  In regulation E8(2A)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or to an employed constable of NPIA”.

25.  In regulation G1(1)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or to an employed constable of NPIA”.

26.  In regulation K1(1)(d)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or an employed constable of NPIA”.

27.  Omit regulation K4(3).

28.—(1) Schedule A is amended in accordance with this paragraph.

(2) Omit the definition of “an employed constable of NPIA”.

(3) In the definition of “maternity leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(c) omit the words from “and in relation to an employed” to the end.

(4) In the definition of “member”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “and an employed constable of NPIA”.

(5) At the appropriate place insert—

““NCA” means the National Crime Agency;”.

(6) Omit the definition of “NPIA”.

(7) In the definition of “parental leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(c) omit the words from “and in relation to an employed” to the end.

(8) In the definition of “part-time service”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “and an employed constable of NPIA”.

(9) In the definition of “sick leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(c) omit the words from “and in relation to an employed” to the end.

(10) Omit the definition of “SOCA”.

(11) For the definition of “specified employee of SOCA” substitute—

““specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Police Pensions Act 1976;”.

The Prison and Young Offenders Centre Rules (Northern Ireland) 1995

29.—(1) Rule 69 of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995(14) is amended in accordance with this paragraph.

(2) In paragraph (1A), for “A member of the Serious Organised Crime Agency’s staff designated under section 43 of the Serious Organised Crime and Police Act 2005” substitute “A National Crime Agency Officer designated under section 10 of the Crime and Courts Act 2013”.

(3) In paragraph (1B)(a), for “the Director General of the Serious Organised Crime Agency” substitute “the Director General of the National Crime Agency”.

The Police (Property) Regulations 1997

30.  The Police (Property) Regulations 1997(15) are amended as follows.

31.  For regulation 3(ab) substitute—

“(ab) in relation to the National Crime Agency, that agency;”.

32.  In regulation 6(5) omit the words from “or in the” to “of that Agency”.

33.  In regulation 8, for “Serious Organised Crime Agency” substitute “National Crime Agency”.

The Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002

34.  The Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002(16) are amended as follows.

35.  For rule 6(3)(ab) substitute—

“(ab) the Director General of the National Crime Agency if the cash which is the subject of the application was seized by a National Crime Agency officer who is designated under section 10 of the Crime and Courts Act 2013;”.

36.  For rule 8(3)(ab) substitute—

“(ab) the Director General of the National Crime Agency if the cash which is the subject of the application was seized by a National Crime Agency officer who is designated under section 10 of the Crime and Courts Act 2013;”.

The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

37.  The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003(17) are amended as follows.

38.  In regulation 13(6)(a), for “section 23 or 24 of the Serious Organised Crime and Police Act 2005” substitute “paragraph 4, Schedule 4 to the Crime and Courts Act 2013”.

39.—(1) Regulation 14A is amended in accordance with this paragraph.

(2) For the heading substitute—

“The National Crime Agency”.

(3) In paragraph (1)—

(a) for “SOCA to serve as a member of its staff” substitute “the NCA to serve as an NCA officer”;

(b) for “SOCA” (in the second place) substitute “that Agency”.

(4) In paragraph (2)(a)—

(a) for “SOCA to serve as a member of its staff” substitute “the NCA to serve as an NCA officer”;

(b) for “SOCA” (in the second place) substitute “that Agency”.

(5) In paragraph (3), for the words from “SOCA” to the end, substitute ““NCA” means the National Crime Agency”.

The Land Registration Rules 2003

40.  The Land Registration Rules 2003(18) are amended as follows.

41.—(1) Form CIT in Schedule 1 is amended in accordance with this paragraph.

(2) In certificate H—

(a) for “Serious Organised Crime Agency” (in the first place) substitute “National Crime Agency”;

(b) for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

(3) In certificate I—

(a) for “Serious Organised Crime Agency” (in the first place) substitute “National Crime Agency”;

(b) for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

(4) In certificate M—

(a) for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”;

(b) for “Serious Organised Crime Agency” (in each other place) substitute “National Crime Agency”.

(5) In certificate O—

(a) for “section 2 or 3 of the Serious Organised Crime and Police Act 2005” substitute “section 1 of the Crime and Courts Act 2013”;

(b) for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”;

(c) for “Serious Organised Crime Agency” (in each other place) substitute “National Crime Agency”.

42.  In Schedule 5, in the entry in the first column relating to the Director General of the Serious Organised Crime Agency—

(a) for “Serious Organised Crime Agency” (in the first place) substitute “National Crime Agency”;

(b) for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

The Police Regulations 2003

43.  The Police Regulations 2003(19) are amended as follows.

44.  In regulation 3—

(a) at the appropriate place insert—

““NCA” means the National Crime Agency;”;

(b) omit the definition of “SOCA”;

(c) for the definition of “specified employee of SOCA” substitute—

““specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Police Pensions Act 1976;”.

45.—(1) Regulation 44A is amended in accordance with this paragraph.

(2) In the heading, for “SOCA” substitute “NCA”.

(3) In paragraph (1)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (in each other place) substitute “NCA”.

(4) In paragraph (2), for “SOCA” (in each place) substitute “NCA”.

46.—(1) Paragraph 1 of Schedule 3 is amended in accordance with this paragraph.

(2) In sub-paragraph (6)(e), for “specified employee of SOCA” substitute “specified NCA officer”.

(3) In sub-paragraph (10), for “specified employee of SOCA” substitute “specified NCA officer”.

(4) In sub-paragraph (11)—

(a) in the words before paragraph (a), for “specified employee of SOCA” substitute “specified NCA officer”;

(b) in paragraph (b), for “specified employee of SOCA” substitute “specified NCA officer”.

The Lay Magistrates (Eligibility) (Northern Ireland) Order 2004

47.—(1) Article 2 of the Lay Magistrates (Eligibility) (Northern Ireland) Order 2004(20) is amended in accordance with this paragraph.

(2) In paragraph (e)—

(a) omit sub-paragraph (xviii);

(b) for sub-paragraph (ixx) substitute—

“(xix) the Director General of the National Crime Agency,”;

(c) for sub-paragraph (xx) substitute—

“(xx) a National Crime Agency officer;”.

(3) In paragraph (f)—

(a) omit sub-paragraph (xvi);

(b) for sub-paragraph (xvii) substitute—

“(xvii) the Director General of the National Crime Agency,”;

(c) for sub-paragraph (xviii) substitute—

“(xviii) a National Crime Agency officer;”.

(4) In paragraph (g)—

(a) omit sub-paragraphs (iv) and (vi);

(b) for sub-paragraph (v) substitute—

“(v) the Director General of the National Crime Agency;”.

(5) In paragraph (h), after sub-paragraph (xiii) insert—

“(xiv) the Director General of the National Crime Agency;

(xv) a National Crime Agency officer;”.

The Employment Equality (Age) Regulations (Northern Ireland) 2006

48.  The Employment Equality (Age) Regulations (Northern Ireland) 2006(21) are amended as follows.

49.  In regulation 14(7), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

50.  In regulation 15(9), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

51.—(1) Regulation 16 is amended in accordance with this paragraph.

(2) For the heading substitute—

“National Crime Agency”.

(3) In paragraph (1)—

(a) for “SOCA to serve as a member of its staff” substitute “the NCA to serve as an NCA officer”;

(b) for “SOCA” (in the second place) substitute “that Agency”.

(4) In paragraph (2)(a)—

(a) for “SOCA to serve as a member of its staff” substitute “the NCA to serve as an NCA officer”;

(b) for “SOCA” (in the second place) substitute “that Agency”.

(5) In paragraph (3), for the words from “SOCA” to the end, substitute ““NCA” means the National Crime Agency”.

52.  In regulation 50(3), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

The Police (Injury Benefit) Regulations 2006

53.  The Police (Injury Benefit) Regulations 2006(22) are amended as follows.

54.  In regulation 3, omit paragraphs (3) to (6).

55.  In regulation 6, omit paragraphs (2)(d) and (3A) to (3C).

56.  In regulation 39, omit paragraph (3).

57.  In Schedule 1—

(a) omit the definition of “employed constable of NPIA”;

(b) in the definition of “member of a police force”, omit sub-paragraphs (d) and (e);

(c) omit the definition of “NPIA”;

(d) in the definition of “regular police officer” or “regular policeman”, omit sub-paragraphs (d) and (e);

(e) omit the definition of a “specified employee of SOCA”.

The Police Pensions Regulations 2006

58.  The Police Pensions Regulations 2006(23) are amended as follows.

59.—(1) Regulation 3 is amended in accordance with this paragraph.

(2) In paragraph (1), for “specified employee of SOCA, an employed constable of NPIA” substitute “specified NCA officer”.

(3) For paragraph (3) substitute—

“(3) In relation to a specified NCA officer, any reference in these Regulations—

(a) to a force shall be construed as a reference to the NCA;

(b) to a police pension authority shall be construed as a reference to the Director General of the NCA;

(c) to a pension supervising authority shall be construed as a reference to the Secretary of State.”.

(4) Omit paragraph (4).

60.  For regulation 4(3A) substitute—

“(3A) In the application of paragraph (3) to a specified NCA officer, the reference to “the ordinary duties of a member of the force” shall be construed as a reference to the ordinary duties of a member of the home police force in which the person last served before becoming a specified NCA officer.”.

61.—(1) Regulation 5 is amended in accordance with this paragraph.

(2) For sub-paragraph (c) substitute—

“(c) being a specified NCA officer, leaving the NCA for the purpose of joining a home police force as a regular policeman and joining that force in that capacity, where he leaves the NCA after giving notice of such period as required by his terms and conditions of employment of his intention to do so to the police pension authority or after giving such shorter period of notice as may be agreed between the officer and the authority.”.

(3) Omit sub-paragraphs (d) and (e).

62.—(1) Regulation 17(1) is amended in accordance with this paragraph.

(2) For sub-paragraph (e) substitute—

“(e) leaving a force on becoming a specified NCA officer;”.

(3) Omit sub-paragraph (f).

63.—(1) Regulation 18 is amended in accordance with this paragraph.

(2) For paragraph (2A) substitute—

“(2A) A specified NCA officer who intends to retire under this regulation shall give the police pension authority notice of such period required by his terms and conditions of employment of that intention or shall give such shorter period of notice as may be agreed between the officer and the authority.”.

(3) Omit paragraph (2B).

(4) For paragraph (5) substitute—

“(5) A specified NCA officer shall be deemed to have retired in accordance with this regulation where his contract of employment has been terminated.”.

64.  For regulation 19(4) substitute—

“(4) This regulation shall not apply to a specified NCA officer.”.

65.  For regulation 20(3) substitute—

“(3) This regulation shall not apply to a specified NCA officer.”.

66.  For regulation 23 substitute—

“Pensionable pay

23.   The pensionable pay of a regular police officer at any time means his pay at the rate to which he is or was then entitled, account being taken of any retrospective increase in that rate, except that during a period of part-time service it means so much of his pay at that rate as is attributable to his determined hours specified under his part-time appointment, and during any period in which a member of a police force is a specified NCA officer, it means the pay at the rate to which he is or was then entitled under his terms and conditions of employment, account being taken of any retrospective increase in that rate.”.

67.  In regulation 51(14), for the words before sub-paragraph (a) substitute “In its application to a specified NCA officer, this regulation shall apply with the following modifications—”.

68.  Omit regulation 52(3).

69.—(1) Schedule 1 is amended in accordance with this paragraph.

(2) Omit the definition of “an employed constable of NPIA”.

(3) For the definition of “maternity leave” substitute—

““maternity leave” has the same meaning as in regulation 3(1) of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of maternity leave taken by that officer whilst employed by the NCA;”.

(4) After the definition of “medical authority who has given a final decision” insert—

““NCA” means the National Crime Agency;”.

(5) Omit the definition of “NPIA”.

(6) For the definition of “parental leave” substitute—

““parental leave” means leave granted in accordance with regulation 33(8) of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of parental leave taken by that officer whilst employed by the NCA;”.

(7) For the definition of “part-time service” substitute—

““part-time service” means service as a regular policeman performed pursuant to an appointment under regulation 5 of the Police Regulations 2003 or any other part-time service as a regular policeman or part-time employment as a specified NCA officer;”.

(8) For the definition of “regular police officer” substitute—

““regular police officer” means a member of a home police force, the commissioner and assistant commissioner of police for the City of London, an inspector of constabulary, a specified NCA officer and a police officer engaged on relevant service;”.

(9) For the definition of “sick leave” substitute—

““sick leave” means leave taken in accordance with regulation 33(5) of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of sick leave taken by that officer whilst employed by the NCA;”.

(10) For the definition of “specified employee of SOCA” substitute—

““specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Act;”.

Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006

70.  The Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006(24) are amended as follows.

71.  In regulation 2, omit paragraphs (2) to (5).

72.  In regulation 5, omit paragraphs (2)(d) and (3A) to (3C).

73.  In regulation 37, omit paragraph (3).

74.  In Schedule 1—

(a) omit the definition of “employed constable of NPIA”;

(b) omit the definition of “NPIA”;

(c) in the definition of “police officer” omit sub-paragraphs (c) and (d);

(d) omit the definition of a “specified employee of SOCA”.

The Police Pension Fund Regulations 2007

75.  The Police Pension Fund Regulations 2007(25) are amended as follows.

76.  In regulation 2—

(a) omit the entries for “an employed constable of NPIA” and “NPIA”;

(b) in the definition of “police fund”—

(i) for sub-paragraph (d) substitute—

“(d) in relation to the NCA, the account established and maintained by the NCA and known as the income and expenditure account.”;

(ii) omit sub-paragraph (e);

(c) for the definition of “regular police officer” substitute—

““regular police officer” means a member of a police force, the commissioner of police for the City of London, an inspector of constabulary, a police officer engaged on relevant service and a specified NCA officer;”;

(d) for the definition of “specified employee of SOCA” substitute—

““specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Police Pensions Act 1976.”.

77.  For regulation 12A(1) substitute—

“(1) In the application of these Regulations to the Director General as police pension authority in relation to a specified NCA officer, these Regulations shall have effect subject to the following modifications.”.

78.  Omit regulation 12B.

The Her Majesty’s Inspectors of Constabulary (Specified Organisations) Order 2007

79.  In article 2 of the Her Majesty’s Inspectors of Constabulary (Specified Organisations) Order 2007(26), omit sub-paragraph (d).

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007

80.  In Part 1 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007(27), omit the entry for the National Policing Improvement Agency.

The Police (Injury Benefit) (Scotland) Regulations 2007

81.  The Police (Injury Benefit) (Scotland) Regulations 2007(28) are amended as follows.

82.  In regulation 3, omit paragraphs (3) to (6).

83.  In regulation 6, omit paragraphs (2)(d) and (3A) to (3C).

84.  In regulation 39, omit paragraph (3).

85.  In Schedule 1—

(a) omit the definition of “employed constable of NPIA”;

(b) in the definition of “member of a police force” omit sub-paragraphs (c) and (d);

(c) omit the definition of “NPIA”;

(d) in the definition of “regular police officer” omit paragraphs (d) and (e);

(e) omit the definition of “SOCA”;

(f) omit the definition of a “specified employee of SOCA”.

The Police Pensions (Scotland) Regulations 2007

86.  The Police Pensions (Scotland) Regulations 2007(29) are amended as follows.

87.—(1) Regulation 3 is amended in accordance with this paragraph.

(2) In paragraph (1)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “an employed constable of NPIA, or”.

(3) In paragraph (3)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) in sub-paragraph (a), for “SOCA” substitute “NCA”;

(c) in sub-paragraph (b), for “SOCA” substitute “NCA”.

(4) Omit paragraph (4).

88.  In regulation 4(3A)—

(a) for “specified employee of SOCA” (in both places) substitute “specified NCA officer”;

(b) omit “or to an employed constable of NPIA”;

(c) omit “or an employed constable of NPIA, as the case may be”.

89.  In regulation 5—

(a) in paragraph (c)—

(i) for “specified employee of SOCA” (in each place) substitute “specified NCA officer”;

(ii) for “SOCA” (in each place) substitute “the NCA”;

(b) omit paragraphs (d) and (e).

90.  In regulation 17(1)—

(a) in sub-paragraph (d), at the end insert “or”;

(b) for sub-paragraph (e) substitute

“(e) leaving a force on becoming a specified NCA officer.”;

(c) omit sub-paragraph (f).

91.  In regulation 18—

(a) in paragraph (2A)—

(i) for “specified employee of SOCA” (in each place) substitute “specified NCA officer”;

(ii) for “SOCA” (in each place) substitute “the NCA”;

(b) omit paragraph (2B);

(c) in paragraph (5)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) omit “or an employed constable of NPIA”.

92.  In regulation 19(4)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or an employed constable of NPIA”.

93.  In regulation 20(3)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “, or an employed constable of NPIA”.

94.  In regulation 23—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “, or an employed constable of NPIA”.

95.  In regulation 51(14)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “and an employed constable of NPIA”.

96.  In regulation 52, omit paragraph (3).

97.—(1) Schedule 1 is amended in accordance with this paragraph.

(2) Omit the definition of “an employed constable of NPIA”.

(3) In the definition of “maternity leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(c) omit the words from “, and in relation to an employed” to the end.

(4) At the appropriate place insert—

““NCA” means the National Crime Agency;”.

(5) Omit the definition of “NPIA”.

(6) In the definition of “parental leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(7) In the definition of “part-time service”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or as an employed constable of NPIA”.

(8) In the definition of “regular police officer”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “an employed constable of NPIA”.

(9) In the definition of “sick leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(c) omit the words from “, and in relation to an employed” to the end.

(10) Omit the definition of “SOCA”.

(11) For the definition of “specified employee of SOCA” substitute—

““specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Police Pensions Act 1976;”.

The Local Government Pension Scheme (Administration) Regulations 2008

98.  In paragraph 7 of Schedule 2 to the Local Government Pension Scheme (Administration) Regulations 2008(30), omit “the Serious Organised Crime Agency”.

The Welsh Language Schemes (Public Bodies) Order 2008

99.  In the Schedule to the Welsh Language Schemes (Public Bodies) Order 2008(31), omit the entry for the National Policing Improvement Agency.

The Police Pension (Northern Ireland) Regulations 2009

100.  The Police Pension (Northern Ireland) Regulations 2009(32) are amended as follows.

101.—(1) Regulation 2 is amended in accordance with this paragraph.

(2) In paragraph (2), for “specified employee of “SOCA” substitute “specified NCA officer”.

(3) In paragraph (4)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) in sub-paragraph (a), for “SOCA” substitute “NCA”;

(c) in sub-paragraph (b), for “SOCA” substitute “NCA”.

(4) Omit paragraphs (5) and (6).

102.  In regulation 14(1)—

(a) for sub-paragraph (d) substitute—

“(d) leaving the police service on becoming a specified NCA officer;”;

(b) omit sub-paragraph (e).

103.—(1) Regulation 15 is amended in accordance with this paragraph.

(2) In paragraph 3—

(a) for “specified employee of SOCA” (in each place) substitute “specified NCA officer”;

(b) for “SOCA” (in each place) substitute “the NCA”.

(3) Omit paragraph (3A).

(4) In paragraph (6)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or an employed constable of NPIA”.

104.  In regulation 16(4)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or an employed constable of NPIA”.

105.  In regulation 17(3)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or an employed constable of NPIA”.

106.  In regulation 20—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or an employed constable of NPIA”.

107.  In regulation 48(17)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “and an employed constable of NPIA”.

108.  In regulation 49, omit paragraph (4).

109.—(1) Regulation 72 is amended in accordance with this paragraph.

(2) In paragraph (aa)—

(a) in the words before sub-paragraph (i)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in each other place) substitute “NCA”;

(b) in sub-paragraph (i), for “SOCA” substitute “NCA”;

(c) in sub-paragraph (ii)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”.

(3) Omit paragraph (ab).

(4) In paragraph (c)—

(a) in the words before sub-paragraph (i)—

(i) for the words from “specified employee” to “policemen in Great Britain” substitute “specified NCA officer”;

(ii) for “SOCA” (in each other place) substitute “NCA”;

(b) in sub-paragraph (i), for “SOCA” substitute “NCA”;

(c) in sub-paragraph (ii)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”.

(5) Omit paragraph (d).

110.—(1) Schedule 1 is amended in accordance with this paragraph.

(2) Omit the definition of “an employed constable of NPIA”.

(3) In the definition of “maternity leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(c) omit the words from “and in relation to an employed” to the end.

(4) At the appropriate place insert—

““NCA” means the National Crime Agency;”.

(5) Omit the definition of “NPIA”.

(6) In the definition of “maternity leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(c) omit the words from “and in relation to an employed” to the end.

(7) In the definition of “part-time service”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or as an employed constable of NPIA”.

(8) In the definition of “regular police officer”—

(a) in sub-paragraph (e), for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit sub-paragraph (f).

(9) In the definition of “sick leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(c) omit the words from “and in relation to an employed” to the end.

(10) Omit the definition of “SOCA”.

(11) For the definition of “specified employee of SOCA” substitute—

““specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Police Pensions Act 1976;”.

The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009

111.  The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009(33) is amended as follows.

112.  In article 1(2)—

(a) in the words that follow the definition of “local authority”, after the words “Asset Recovery Agency” insert “, the NCA”;

(b) at the appropriate place insert—

““NCA” means the National Crime Agency;”;

(c) in the definition of “relevant training”, for “National Policing Improvement Agency” substitute “National Crime Agency”;

(d) omit the definition of “SOCA”.

113.—(1) Schedule 1 is amended in accordance with this paragraph.

(2) In the entry relating to section 42(2)(c), in column 2—

(a) in sub-paragraph (b), omit “or”;

(b) after sub-paragraph (b), insert—

“(bb) an NCA officer; or”;

(c) omit sub-paragraph (c)(xix).

(3) In the entry relating to section 45(3), in column 2—

(a) in sub-paragraph (a), omit “or”;

(b) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(c) omit sub-paragraph b(xiv).

(4) In the entry relating to section 68(3)(c), in column 2—

(a) in sub-paragraph (a), omit “or”;

(b) after sub-paragraph (a), insert—

“(aa) an NCA officer not below grade 2; or”;

(c) omit sub-paragraph (b)(xviii).

(5) In the entry relating to section 191(2)(c), in column 2—

(a) in sub-paragraph (b), omit “or”;

(b) after sub-paragraph (b), insert—

“(bb) an NCA officer; or”;

(c) after sub-paragraph (c)(xvii) insert “or”;

(d) omit sub-paragraph (c)(xviii).

(6) In the entry relating to section 194(3), in column 2—

(a) in sub-paragraph (a), omit “or”;

(b) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(c) after sub-paragraph (b)(x) insert “or”;

(d) omit sub-paragraph (b)(xi).

(7) In the entry relating to section 216(3)(c), in column 2—

(a) in sub-paragraph (a), omit “or”;

(b) after sub-paragraph (a), insert—

“(aa) an NCA officer not below grade 2; or”;

(c) after sub-paragraph (b)(xvi) insert “or”;

(d) omit sub-paragraph (b)(xvii).

(8) In the entry relating to section 290(4)(c), in column 2—

(a) in the paragraph beginning “In relation to England and Wales”—

(i) in sub-paragraph (b), omit “or”;

(ii) after sub-paragraph (b), insert—

“(bb) an NCA officer not below grade 3; or”;

(iii) omit sub-paragraph (c)(xiv);

(b) in the paragraph beginning “In relation to Northern Ireland”—

(i) in sub-paragraph (b), omit “or”;

(ii) after sub-paragraph (b), insert—

“(bb) an NCA officer not below grade 3; or”;

(iii) after sub-paragraph (c)(x) insert “or”;

(iv) omit sub-paragraph (c)(xi).

(9) In the entry relating to section 303A(1), in column 2—

(a) in the paragraph beginning “In relation to England and Wales”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) omit sub-paragraph (b)(xv);

(b) in the paragraph beginning “In relation to Northern Ireland”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) after sub-paragraph (b)(xi) insert “or”;

(iv) omit sub-paragraph (b)(xii).

(10) In the entry relating to section 352(7), in column 2—

(a) in the paragraph beginning “In relation to England and Wales”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) omit sub-paragraph (b)(xv);

(b) in the paragraph beginning “In relation to Northern Ireland”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) after sub-paragraph (b)(xi) insert “or”;

(iv) omit sub-paragraph (b)(xii).

(11) In the entry relating to section 353(11), in column 2—

(a) in the paragraph beginning “In relation to England and Wales”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) omit sub-paragraph (b)(xv);

(b) in the paragraph beginning “In relation to Northern Ireland”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) after sub-paragraph (b)(xi) insert “or”;

(iv) omit sub-paragraph (b)(xii).

(12) In the entry relating to section 378(1)(b), in column 2—

(a) in the paragraph beginning “In relation to England and Wales”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) omit sub-paragraph (b)(xix);

(b) in the paragraph beginning “In relation to Northern Ireland”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) after sub-paragraph (b)(xvii) insert “or”;

(iv) omit sub-paragraph (b)(xviii).

(13) In the entry relating to section 378(2)(d), in column 2—

(a) in the paragraph beginning “In relation to England and Wales”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer not below grade 2; or”;

(iii) omit sub-paragraph (b)(xviii);

(b) in the paragraph beginning “In relation to Northern Ireland”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer not below grade 2; or”;

(iii) after sub-paragraph (b)(xvi) insert “or”;

(iv) omit sub-paragraph (b)(xvii).

(14) In the entry relating to section 378(3B), in column 2—

(a) in the paragraph beginning “In relation to England and Wales”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) omit sub-paragraph (b)(xv);

(b) in the paragraph beginning “In relation to Northern Ireland”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) after sub-paragraph (b)(xi) insert “or”;

(iv) omit sub-paragraph (b)(xii).

(15) In the entry relating to section 378(4)(a), in column 2—

(a) in the paragraph beginning “In relation to England and Wales”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) omit sub-paragraph (b)(xix);

(b) in the paragraph beginning “In relation to Northern Ireland”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer; or”;

(iii) after sub-paragraph (b)(xvi) insert “or”;

(iv) omit sub-paragraph (b)(xvii).

(16) In the entry relating to section 378(6)(c), in column 2—

(a) in the paragraph beginning “In relation to England and Wales”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer not below grade 2; or”;

(iii) omit sub-paragraph (b)(xviii);

(b) in the paragraph beginning “In relation to Northern Ireland”—

(i) in sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (a), insert—

“(aa) an NCA officer not below grade 2; or”;

(iii) after sub-paragraph (b)(xv) insert “or”;

(iv) omit sub-paragraph (b)(xvi).

The Police Act 1997 (Criminal Records) (Scotland) Regulations 2010

114.  The Police Act 1997 (Criminal Records) (Scotland) Regulations 2010(34) is amended as follows.

115.  Omit regulation 7.

116.  In regulation 8—

(a) for sub-paragraph (h) substitute—

“(h) the National Crime Agency;”;

(b) omit sub-paragraph (k).

117.  In regulation 16, for paragraph 2(g), substitute—

“(g) the National Crime Agency.”.

The Education (Listed Bodies) (England) Order 2010

118.  In section 2 of Part 1 of the Schedule to the Education (Listed Bodies) (England) Order 2010(35)—

(a) at the appropriate place, insert—

“The College of Policing”;

(b) omit the entry for the National Policing Improvement Agency.

The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010

119.  The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010(36) is amended as follows.

120.  In article 2, in the definition of “police force”—

(a) for sub-paragraph (i) substitute—

“(i) the National Crime Agency;”;

(b) omit sub-paragraph (j);

(c) in article 3(6), for sub-paragraph (g) substitute—

“(g) the National Crime Agency;”.

The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010

121.  The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010(37) is amended as follows.

122.  In article 16(2)—

(a) omit sub-paragraphs (b) and (k);

(b) for sub-paragraph (j) substitute—

“(j) the National Crime Agency;”.

123.  In article 17(2)—

(a) omit sub-paragraphs (b) and (k);

(b) for sub-paragraph (j) substitute—

“(j) the National Crime Agency;”.

The Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011

124.  In the Schedule to the Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011(38)—

(a) under the heading “Other public bodies” omit “Serious Organised Crime Agency”;

(b) under the heading “Non-ministerial departments”, at the appropriate place insert “National Crime Agency”.

The Equality Act 2010 (Specific Duties) Regulations 2011

125.  In Schedule 1 to the Equality Act 2010 (Specific Duties) Regulations 2011(39), under the heading “Police” omit “The Serious Organised Crime Agency”.

The Education (Listed Bodies) (Wales) Order 2012

126.  In section 2 of Part 1 of the Schedule to the Education (Listed Bodies) (Wales) Order 2012(40)—

(a) At the appropriate place, insert—

“The College of Policing”;

(b) omit the entry for the National Policing Improvement Agency.

The Protection of Freedoms Act 2012 (Code of Practice for Surveillance Camera Systems and Specification of Relevant Authorities) Order 2013

127.  In article 3(b) of The Protection of Freedoms Act 2012 (Code of Practice for Surveillance Camera Systems and Specification of Relevant Authorities) Order 2013(41), for “The Serious Organised Crime Agency” substitute “The National Crime Agency”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments to subordinate legislation in consequence of Part 1 of the Crime and Courts Act 2013 (“the Act”), which abolishes the Serious Organised Crime Agency and the National Policing Improvement Agency and establishes the National Crime Agency.

Paragraph 190 of Schedule 8 (hereinafter referred to as the “the glossing provision”) to the Act provides that in subordinate legislation references to SOCA, the Director General of SOCA, the staff of SOCA and a member of staff of SOCA (“SOCA related references”) are be read as (or including) the corresponding NCA related reference. This means that, for example, a Regulation that imposes an obligation on SOCA will be read as imposing the same obligation on the NCA. Consequently there are references to SOCA in subordinate legislation where textual amendments are not required.

Where it has been necessary to achieve a different result to that produced by the glossing provision, the Schedule of this Order amends the subordinate legislation. Where one SOCA related reference requires amendment all are amended without reliance on the glossing provision.

This Order makes a number of amendments to the various Regulations that govern the pension schemes applicable to police officers in England and Wales, Scotland and Northern Ireland. The amendments remove references to the NPIA, to reflect its abolition. They replace references to SOCA and specified employees of SOCA with references to the NCA and specified NCA officers, to reflect the fact that certain NCA officers will be entitled to membership of the police pension schemes in accordance with section 11 of the Police Pensions Act 1976 (c.35) as amended by paragraph 26 of Schedule 8 to the Act.

Article 3 ensures that rights accrued in relation to the police pension schemes while serving in SOCA and the NPIA are preserved when the references to such service are removed from the relevant instruments.

Paragraph 31 provides that, in accordance with amendments made to the Police (Property) Act 1987 by paragraph 15 of Schedule 8 to the Act, for the purposes of the Police (Property) Regulations 1997 the “relevant authority” will be the agency itself.

Paragraphs 53-57, 70-74 and 81-85 of the Schedule to this Order amend the Regulations that make provision for the payment of compensation to police officers injured in the course of duty. The amendments remove references to SOCA and the NPIA. The Regulations will not apply to NCA officers.

Paragraph 98 provides that being an NCA officer will not entitle a person to active membership of the Local Government Pension Scheme. This will not affect the ability of retired SOCA staff to continue to receive their pension, nor will it affect any accrued rights which staff choose to leave in the pension scheme until they retire.

Paragraph 125 omits SOCA from the list of public authorities required to publish information demonstrating compliance with the duty imposed by section 149(1) of the Equality Act 2010. The NCA will be subject to the duty as a government department.

(1)

2013 c.22.

(2)

1976 c.35.

(3)

S.I. 1987/257; relevant amending instruments are S.I. 1994/641, S.I. 1998/577, S.I. 2003/2716, S.I. 2008/1887, S.I. 2009/2060 and S.I. 2011/3063.

(4)

S.R. (NI) 1988/374; relevant amending instruments are S.R. (NI) 2009/143, S.R. (NI) 2010/348, S.R. (NI) 1998/240, S.R. (NI) 1993/327, S.R. (NI) 1997/259 and S.R. (NI) 2006/268.

(5)

S.I. 2003/527; relevant amending instruments are S.I. 2008/1887, S.I. 2009/2060 and S.I. 2011/3036.

(6)

S.I. 2006/3415; relevant amendments are S.I. 2008/1887, S.I. 2009/2060 and S.I. 2011/3063.

(7)

S.R. (NI) 2006/268; relevant amending instruments are S.R. (NI) 2009/143 and S.R. (NI) 2010/348.

(8)

S.I. 2006/932, amended by S.I. 2009/2060; there are other amending instruments but none is relevant.

(9)

S.S.I. 2007/68; relevant amending instruments are S.S.I. 2008/387, S.S.I. 2011/154 and S.S.I. 2013/184.

(10)

S.S.I. 2007/201; relevant amending instruments are S.S.I. 2008/387, S.S.I. 2011/154 and S.S.I. 2013/184.

(11)

S.R. 2009/79 (NI) amended by S.R. (NI) 2010/348; there are other amending instruments but none is relevant.

(12)

S.I. 2003/527; relevant amending instruments are S.I. 2003/2594, S.I. 2006/594, S.I. 2006/3449 and S.I. 2011/3026.

(13)

S.R. (NI) 1988/374.

(14)

S.R. (NI) 1995/8, amended by S.R. (NI) 2009/429; there are other amending instruments but none is relevant.

(15)

S.I. 1997/1908; relevant amending instruments are S.I. 2006/594 and S.I. 2002/2313.

(16)

S.I. 2002/2998 relevant amending instruments are S.I. 2005/617 and S.I. 2006/594.

(17)

S.R. (NI) 2003/497 amended by S.I. 2006/594; there are other amending instruments but none is relevant.

(18)

S.I. 2003/1417; relevant amending instruments are S.I. 2008/574 and S.I. 2006/594.

(19)

S.I. 2003/527 amended by S.I. 2012/192; there are other amending instruments but none is relevant.

(20)

S.R. (NI) 2004/246 amended by S.I. 2008/574; there are other amending instruments but none is relevant.

(21)

S.R. (NI) 2006/261 to which there are amendments not relevant to this Order.

(22)

S.I. 2006/932, amended by S.I. 2009/2060; there are other amending instruments but none is relevant.

(23)

S.I. 2006/3415; relevant amending instruments are S.I. 2008/1887, S.I. 2009/2060 and S.I. 2011/3036.

(24)

S.R. (NI) 2006/268; relevant amending instruments are S.I. (NI) 2009/143 and S.I. (NI) 2010/348.

(25)

S.I. 2007/932; relevant amending instruments are S.I. 2008/1887, S.I. 2009/2060 and S.I. 2011/3063.

(26)

S.I. 2007/1170, amended by S.I. 2012/2733; there are other amending instruments but none is relevant.

(27)

S.I. 2007/3544, amended by S.I. 2008/574; there are other amending instruments but none is relevant.

(28)

S.S.I. 2007/68; relevant amending instruments are S.S.I. 2008/387, S.S.I 2011/154 and S.S.I. 2013/184.

(29)

S.S.I. 2007/201; relevant amending instruments are S.S.I. 2008/387, S.S.I. 2011/154 and S.S.I. 2013/184.

(30)

S.I. 2008/239, to which there are amending instruments not relevant to this Order.

(31)

S.I. 2008/1890.

(32)

S.R. 2009/79 amended by S.R. (NI) 2010/348; there are other amending instruments but none is relevant.

(33)

S.I. 2009/975.

(34)

S.S.I. 2010/168.

(35)

S.I. 2010/2614.

(36)

S.I. 2010//2660.

(37)

S.S.I. 2010/446.

(38)

S.S.I. 2011/146.

(39)

S.I. 2011/2260.

(40)

S.I. 2012/1259.

(41)

S.I. 2013/1961.