SCHEDULES

SCHEDULE 3Relationships between NCA and other agencies

Part 6General

Directed tasking or assistance: power to amend those who may be directed

33

(1)

The Secretary of State may, by order, amend section 5 or paragraph 11 of this Schedule by making any of the following kinds of provision—

(a)

provision adding a person or category of persons to the relevant list;

(b)

provision imposing on the Director General a requirement to obtain the consent of one or more persons before giving a direction to—

(i)

a person added to the relevant list by virtue of sub-paragraph (a), or

(ii)

a person within a category of persons so added;

(c)

provision removing from the relevant list a person or category of persons added by virtue of sub-paragraph (a);

(d)

provision removing a requirement for consent imposed by virtue of sub-paragraph (b).

(2)

But the Secretary of State may not add any of the following to the relevant list—

(a)

the Commissioners for Her Majesty's Revenue and Customs;

(b)

the Chief Constable of the Police Service of Scotland;

(c)

any person operating only in Scotland;

(d)

the Chief Constable of the Police Service of Northern Ireland;

(e)

any person operating only in Northern Ireland.

(3)

Before making an order under this paragraph which adds a person or category of persons to the relevant list, the Secretary of State must consult that person or the persons within that category.

(4)

In this paragraph “relevant list” means—

(a)

in relation to section 5, the list of persons in subsection (5) to whom the Director General may give directions, or

(b)

in relation to paragraph 11 of this Schedule, the list of persons in sub-paragraph (1) to whom the Director General may give directions.

Duty to provide information etc: power to amend specified bodies etc

34

(1)

The Secretary of State may, by order, amend paragraph 7 of this Schedule by making any of the following kinds of provision—

(a)

provision adding a person to the specified bodies in the relevant table;

(b)

provision specifying in the relevant table one or more relevant functions in relation to—

(i)

the Secretary of State, or

(ii)

a person added to the specified bodies by virtue of sub-paragraph (a);

(c)

provision removing from the relevant table provision made by virtue of sub-paragraph (a) or (b).

(2)

But the Secretary of State may not add any of the following to the specified bodies—

(a)

a person operating only in Scotland;

(b)

a person operating only in Northern Ireland.

(3)

Before making provision under this paragraph which adds a person to the specified bodies, the Secretary of State must consult that person.

(4)

In this paragraph “relevant table” means the table in paragraph 7.

Directions

35

(1)

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

(2)

A direction under this Schedule may not relate to the prosecution functions of any person.

Interpretation

36

In this Schedule—

fundholding body” means—

(a)

the policing body (in relation to any UK police force other than the Police Service of Northern Ireland);

(b)

the Police Service of Northern Ireland (in relation to that Police Service);

specified”, in relation to a direction under any provision of this Schedule, means specified in the direction.