2(1)In any of the following cases, the NCA is liable in respect of unlawful conduct of a person in the same manner as an employer is liable in respect of unlawful conduct of employees in the course of their employment.U.K.
(2)The first case is where the unlawful conduct is conduct of a constable or other person which occurs when the person is carrying out, or purporting to carry out, functions whilst—
(a)seconded to the NCA to serve as an NCA officer, or
(b)provided for the assistance of the NCA under Part 3 of Schedule 3.
(3)The second case is where the unlawful conduct is conduct of a person (other than an NCA officer) who is a member of an NCA-led international joint investigation team which occurs when the person is carrying out, or purporting to carry out, functions as a member of the team.
(4)The third case is where the unlawful conduct is conduct of a person carrying out surveillance under section 76A of the Regulation of Investigatory Powers Act 2000 (foreign surveillance operations).
(5)If (in any of those cases) the unlawful conduct is a tort, the NCA is accordingly to be treated as a joint tortfeasor.
(6)If—
(a)the NCA pays a sum by virtue of this paragraph, 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 by the NCA,
the Secretary of State must pay to the NCA the sum received by way of reimbursement.
(7)This paragraph does not affect the liability of the NCA for the conduct of NCA officers.
(8)References in this paragraph to unlawful conduct by a person include references to unlawful conduct by a person in reliance, or purported reliance, on a designation under section 9 or 10.
Modifications etc. (not altering text)
C1Sch. 4 para. 2 excluded by 1974 c. 37, s. 51A(2D)(2E)(f) (as substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 21(3); S.I. 2013/1682, art. 3(v))
C2Sch. 4 para. 2 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 34(9)(a) (with regs. 3, 34(1))
Commencement Information
I1Sch. 4 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(k)