SCHEDULES

SCHEDULE 5 U.K. Police, customs and immigration powers

Part 8 U.K. General

Interpretation U.K.

30 U.K. In this Schedule—

• “Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

• “designated officer” means the Director General or any other NCA officer if designated as having operational powers;

• “designation” means—

  (a)

  a designation of the Director General under section 9, or

  (b)

  a designation of any other NCA officer under section 10;

  and “designated” and cognate expressions are to be construed accordingly;

• “limitation” means a limitation included in a designation under paragraph 6;

• “Northern Ireland devolved provision”, in relation to provision of an order under this Schedule, means provision which would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Northern Ireland Assembly;

• “powers and privileges of a constable that are exercisable overseas” means the powers and privileges of a constable if, and to the extent that, they are exercisable outside the United Kingdom and the United Kingdom waters;

• “powers and privileges of an English and Welsh constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in England and Wales or the adjacent United Kingdom waters;

• “powers and privileges of a Northern Ireland constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Northern Ireland or the adjacent United Kingdom waters;

• “powers and privileges of a Scottish constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Scotland or the adjacent United Kingdom waters;

• “relevant national authority”, in relation to a power to make an order under this Schedule, means—

  (a)

  the Secretary of State, except in relation to Scottish devolved provision and Northern Ireland devolved provision;

  (b)

  the Scottish Ministers, in relation to Scottish devolved provision;

  (c)

  the Department of Justice in Northern Ireland, in relation to Northern Ireland devolved provision;

• “Scottish devolved provision”, in relation to provision of an order under this Schedule, means provision that would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament, except for any provision of the kind referred to in paragraph 27 (2)(d);

• “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.

Extent Information

E1 Sch. 5 para. 30: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

E2 Sch. 5 para. 30 extended (N.I.) (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(3), 4(1)(c)(v)

Commencement Information

I1 Sch. 5 para. 30 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)