A National Crime Agency, consisting of the NCA officers, is to be formed.

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.

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).

The NCA must discharge the crime-reduction function in the following ways (in particular).

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.

Schedule 1 (the NCA & NCA officers) has effect.

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.

That includes cases where an order under this section confers an NCA counter-terrorism function by the modification of a function.

An order under this section may amend or otherwise modify this Act or any other enactment.

An order under this section is subject to the super-affirmative procedure (see section 58 and Schedule 23).

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).

The Secretary of the State must determine strategic priorities for the NCA.

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).

The Director General must arrange for each annual plan to be published in the manner which the Director General considers appropriate.

Schedule 2 (the framework document & annual report) has effect.

A person given a direction under this section must comply with it.

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.

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.

Schedule 3 (relationships between NCA and other agencies) has effect.

This section has effect subject to Part 5 (payment for tasks etc) of Schedule 3.

Paragraph 33 of Schedule 3 gives the Secretary of State power to amend this section.

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).

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).

This section is subject to Schedule 7 (information: restrictions on disclosure).

A person may disclose information to the NCA if the disclosure is made for the purposes of the exercise of any NCA function.

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.

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.

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.

This section is subject to Schedule 7 (information: restrictions on disclosure).

In this section—

• “GCHQ” has the same meaning as in the Intelligence Services Act 1994;

• “intelligence service disclosure arrangements” means—

  1. a

     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,

  2. b

     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

  3. c

     arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ.

In section 11 of the Children Act 2004 (arrangements to safeguard and promote welfare of children: England), in subsection (1), after paragraph (i) insert—

In section 28 of the Children Act 2004 (arrangements to safeguard and promote welfare of children: Wales), in subsection (1), after paragraph (e) insert—

If such a request is made, the Director General may provide such assistance as the Director General considers appropriate in all the circumstances.

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.

Schedule 4 (NCA: general) has effect.

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.

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.

Schedule 5 (police, customs and immigration powers) has effect.

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).

In this section “powers of designation” means the powers conferred by subsections (2) and (3).

In this Part—

• “customs matter” means any matter other than—

  1. a

     a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 applies (former Inland Revenue matters), or

  2. b

     any tax or duty not mentioned in Schedule 1 to that Act (which lists such matters);

• “operational power” means any of the following—

  1. a

     a power or privilege of a constable;

  2. b

     a power of an officer of Revenue and Customs;

  3. c

     a power of an immigration officer.

The Director General may modify or withdraw a designation of an NCA officer by giving notice of the modification or withdrawal to the officer.

For further provision about designations under this section, see Schedule 5.

Her Majesty's Inspectors of Constabulary (“HMIC”) must carry out inspections of the NCA.

HMIC must carry out such other duties for the purpose of furthering the efficiency and effectiveness of the NCA as the Secretary of State may from time to time direct.

Paragraphs 2 and 5 of Schedule 4A to the Police Act 1996 (inspection programmes and inspection frameworks) apply to functions of inspection and reporting under this section as they apply to other such functions.

In the Police Reform Act 2002, after section 26B insert—

Schedule 6 (inspections and complaints) has effect.

Schedule 7 (information: restrictions on disclosure) has effect.

Schedule 7 applies to disclosures made for the purposes of the criminal intelligence function.

Any duty to disclose information imposed on an NCA officer (including the duty of the Director General under paragraph 4 or 6 of Schedule 3 to disclose information by keeping other persons informed of information obtained by the NCA), and any power of an NCA officer to disclose information, has effect subject to Schedule 7.

Subsections (2) and (3) do not limit Schedule 7.

A person must not induce the Director General or any NCA officer designated under section 10 to withhold (or to continue to withhold) services as an NCA officer.

The duty imposed by subsection (1) is a duty owed to the Secretary of State.

A breach of that duty which causes the Secretary of State to sustain loss or damage is to be actionable, at the Secretary of State's suit or instance, against the person in breach.

Subsection (3) is without prejudice to the right of the Secretary of State, by virtue of subsections (1) and (2), to bring civil proceedings in respect of any apprehended contravention of subsection (1).

The no-strike provisions must be disregarded in determining for the purposes of any of the relevant employment legislation whether any trade union is an independent trade union.

Nothing in the relevant employment legislation is to affect the rights of the Secretary of State by virtue of the no-strike provisions.

The Secretary of State may, by order, suspend, or later revive, the operation of the no-strike provisions.

In this section—

• “no-strike provisions” means subsections (1) to (3) of this section;

• “relevant employment legislation” means—

  1. a

     the Trade Union and Labour Relations (Consolidation) Act 1992;

  2. b

     the Employment Rights Act 1996;

  3. c

     the Trade Union and Labour Relations (Northern Ireland) Order 1995;

  4. d

     the Employment Rights (Northern Ireland) Order 1996.

In this section “associated terms and conditions” means such terms and conditions as may appear to the Secretary of State to fall to be determined in association with the determination of rates of pay and allowances.

The Serious Organised Crime Agency is abolished.

The National Policing Improvement Agency is abolished.

Schedule 8 (abolition of SOCA and NPIA) has effect.

In this Part—

• “chief officer” means—

  1. a

     the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

  2. b

     the Commissioner of Police of the Metropolis;

  3. c

     the Commissioner of Police for the City of London;

  4. d

     the chief constable of the Police Service of Scotland;

  5. e

     the Chief Constable of the Police Service of Northern Ireland;

  6. f

     the chief constable of the British Transport Police;

  7. g

     the chief constable of the Civil Nuclear Constabulary;

  8. h

     the chief constable of the Ministry of Defence Police;

• “customs revenue official” has the same meaning as in the Borders, Citizenship and Immigration Act 2009 (see section 11 of that Act);

• “Director General” means the Director General of the National Crime Agency;

• “Director of Border Revenue” means the person designated under section 6 of the Borders, Citizenship and Immigration Act 2009;

• “enactment” means any enactment, whenever passed or made, contained in—

  1. a

     an Act of Parliament;

  2. b

     an Act of the Scottish Parliament;

  3. c

     Northern Ireland legislation;

  4. d

     a Measure or Act of the National Assembly for Wales;

  5. e

     an instrument made under any such Act, legislation or Measure;

  6. f

     any other subordinate legislation (within the meaning of the Interpretation Act 1978);

• “England and Wales police force” means—

  1. a

     a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

  2. b

     the metropolitan police force;

  3. c

     the City of London police force;

• “functions” means all functions of any description, including powers and duties, whether conferred by an enactment or arising otherwise;

• “general customs official” has the same meaning as in Borders, Citizenship and Immigration Act 2009 (see section 3 of that Act);

• “Island law enforcement agency” means any person charged with the duty of investigating or prosecuting offences who operates in any of the Channel Islands or in the Isle of Man (apart from an Island police force);

• “Island police force” means—

  1. a

     the States of Jersey Police Force;

  2. b

     the salaried police force of the Island of Guernsey;

  3. c

     the Isle of Man Constabulary;

• “local policing body” means—

  1. a

     a police and crime commissioner;

  2. b

     the Mayor's Office for Policing and Crime;

  3. c

     the Common Council of the City of London as police authority for the City of London police area;

• “NCA” means the National Crime Agency;

• “NCA functions” means—

  1. a

     functions of the NCA,

  2. b

     functions of the Director General, and

  3. c

     functions of other NCA officers;

• “NCA officers” means—

  1. a

     the Director General,

  2. b

     the other National Crime Agency officers appointed under paragraph 9 of Schedule 1,

  3. c

     persons who have been seconded to the NCA to serve as National Crime Agency officers under paragraph 13 of Schedule 1 (unless the context otherwise requires), and

  4. d

     NCA specials;

• “permitted purpose” means any of the following purposes—

  1. a

     the prevention or detection of crime, whether in the United Kingdom or elsewhere;

  2. b

     the investigation or prosecution of offences, whether in the United Kingdom or elsewhere;

  3. c

     the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or the law of any country or territory outside the United Kingdom;

  4. d

     the exercise of any NCA functions (so far as not falling within any of paragraphs (a) to (c));

  5. e

     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;

  6. f

     compliance with an order of a court or tribunal (whether or not in the United Kingdom);

  7. g

     the exercise of any function relating to the provision or operation of the system of accreditation of financial investigators under section 3 of the Proceeds of Crime Act 2002;

  8. h

     the exercise of any function of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002;

  9. i

     the exercise of any function of—

     1. i

        the Director of Public Prosecutions,

     2. ii

        the Director of the Serious Fraud Office,

     3. iii

        the Director of Public Prosecutions for Northern Ireland, or

     4. iv

        the Scottish Ministers,

     under, or in relation, to Part 5 or 8 of the Proceeds of Crime Act 2002;

  10. j

      the exercise of any function of—

      1. i

         an officer of Revenue and Customs,

      2. ii

         a general customs official,

      3. iii

         a customs revenue official,

      4. iv

         an immigration officer,

      5. v

         an accredited financial investigator, or

      6. vi

         a constable,

      under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002;

  11. k

      investigations or proceedings outside the United Kingdom which have led, or may lead, to the making of an external order (within the meaning of section 447 of the Proceeds of Crime Act 2002);

  12. l

      the exercise of any function of any intelligence service (within the meaning of the Regulation of Investigatory Powers Act 2000);

  13. m

      the exercise of any function under—

      1. i

         Part 2 of the Football Spectators Act 1989, or

      2. ii

         sections 104 to 106 of the Policing and Crime Act 2009;

  14. n

      the exercise of any function relating to public health;

  15. o

      the exercise of any function of the Financial Services Authority;

  16. p

      the exercise of any function designated by the Secretary of State by order;

  but a function may be designated under paragraph (p) only if the function appears to the Secretary of State to be a function of a public nature;

• “policing body” means—

  1. a

     a police and crime commissioner;

  2. b

     the Mayor's Office for Policing and Crime;

  3. c

     the Common Council of the City of London as police authority for the City of London police area;

  4. d

     the Scottish Police Authority;

  5. e

     the Northern Ireland Policing Board;

  6. f

     the British Transport Police Authority;

  7. g

     the Civil Nuclear Police Authority;

  8. h

     the Secretary of State, in relation to the Ministry of Defence Police;

• “special police force” means—

  1. a

     the British Transport Police;

  2. b

     the Civil Nuclear Constabulary;

  3. c

     the Ministry of Defence Police;

• “strategic partners” means—

  1. a

     the Scottish Ministers;

  2. b

     the Department of Justice in Northern Ireland;

  3. c

     such persons as appear to the Secretary of State to represent the views of local policing bodies;

  4. d

     such persons as appear to the Secretary of State to represent the views of the chief officers of England and Wales police forces;

  5. e

     the chief constable of the Police Service of Scotland;

  6. f

     the Chief Constable of the Police Service of Northern Ireland;

  7. g

     the Commissioners for Her Majesty's Revenue and Customs;

  8. h

     the Director of the Serious Fraud Office;

• “UK law enforcement agency” means—

  1. a

     the Commissioners for Her Majesty's Revenue and Customs;

  2. b

     the Director of the Serious Fraud Office;

  3. c

     the Director of Border Revenue;

  4. d

     the Scottish Administration;

  5. e

     a Northern Ireland department;

  6. f

     any other person operating in England, Scotland, Northern Ireland or Wales charged with the duty of investigating or prosecuting offences (apart from a UK police force);

• “UK police force” means—

  1. a

     an England and Wales police force;

  2. b

     the Police Service of Scotland;

  3. c

     the Police Service of Northern Ireland;

  4. d

     a special police force.

Definitions of the following terms used in this Part, or other provision relating to the meanings of such terms, are contained in the provisions (outside this section) which are indicated.