The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015

Cited as:SI 2015/798
Jurisdiction:England & Wales

2015No. 798

NATIONAL CRIME AGENCY

PROCEEDS OF CRIME

NORTHERN IRELAND

The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015

19thMarch2015

20thMarch2015

The Secretary of State makes this Order in exercise of the powers conferred by section 59(1), (2) and (3) of, paragraphs 2, 3, 5 and 7(1) of Schedule 24 to, and paragraphs 3, 4, 7(1) and (2), 10, 11 and 14(1) of Schedule 25 to, the Crime and Courts Act 2013( 1).

In accordance with paragraph 6(1) of Schedule 24 to that Act, and paragraphs 6(1) and 13(1) of Schedule 25 to that Act, the Northern Ireland Assembly has consented to the making of transferred provision (as defined in that Act) by this Order.

In accordance with section 58(4)(j) and (l) and (6) of that Act, a draft of this Order has been laid before and approved by resolution of each House of Parliament.

PART 1

GENERAL

Citation, commencement and extent

1.-(1) This Order may be cited as the Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015.

(2) Subject to paragraph (3), this Order comes into force on the day after the day on which it is made.

(3) Articles 4, 5(1) and 6 and Schedules 1, 2 and 3 come into force at the end of the period of two months beginning with the day on which this Order is made.

(4) Accordingly, a provision of CCA 2013 that is extended to Northern Ireland by article 3, 4 or 7 comes into force in Northern Ireland-

(a) at the same time as the article which extends the provision, so far as the provision has come into force before that time outside Northern Ireland;

(b) otherwise, on such day or days as may be appointed by order under section 61(2) of CCA 2013.

(5) An amendment, repeal or revocation made by this Order has the same extent as the provision amended, repealed or revoked.

Interpretation

2. In this Order-

"CCA 2013" means the Crime and Courts Act 2013;

"relevant NCA provisions" has the same meaning as in Schedule 24 to CCA 2013.

PART 2

THE NATIONAL CRIME AGENCY

Relevant NCA provisions to extend to Northern Ireland initially

3.-(1) The following relevant NCA provisions extend to Northern Ireland-

(a) section 3(2)(a) so far as it requires consultation with the Department of Justice in Northern Ireland;

(b) in section 4-

(i) subsection (6)(a) so far as it requires consultation with the Department of Justice in Northern Ireland;

(ii) subsection (7)(b);

(iii) subsection (8)(c);

(c) in Schedule 1-

(i) paragraph 7(1)(b);

(ii) paragraph 8(3)(b);

(d) in Schedule 2-

(i) paragraph 5(b);

(ii) paragraph 6(2)(b)(ii), (4) and (5);

(iii) paragraph 8(4) and (5).

(2) In section 4 of CCA 2013 (operations)-

(a) in subsection (6)(a), after "partners" insert "and the Northern Ireland Policing Board";

(b) in subsection (7)(b), after the first "Ireland" insert "and the Northern Ireland Policing Board";

(c) in subsection (8)(c), after the first "Ireland" insert "and the Northern Ireland Policing Board".

Other relevant NCA provisions to extend to Northern Ireland subsequently

4.-(1) The following relevant NCA provisions extend to Northern Ireland-

(a) section 11(8);

(b) in Schedule 3-

(i) paragraph 1(2) so far as it imposes a duty on a member of the Police Service of Northern Ireland or a person operating in Northern Ireland who falls within paragraph 1(3)(f);

(ii) paragraph 3 so far as it relates to the Chief Constable of the Police Service of Northern Ireland;

(iii) paragraph 25;

(iv) paragraph 26(3)(b);

(c) in Schedule 5-

(i) paragraph 11(1)(c);

(ii) paragraph 11(6) to (8);

(iii) in paragraph 11(9), the definitions of "Northern Ireland general authorisation" and "Northern Ireland operational authorisation";

(iv) paragraph 13;

(v) in paragraph 30, the definition of "powers and privileges of a Northern Ireland constable";

(d) in Schedule 6, paragraph 19.

(2) Schedule 1 (extension of relevant NCA provisions: consequential and connected provision) has effect.

Other provision relating to NCA functions

5.-(1) Schedule 2 (amendments relating to NCA functions) has effect.

(2) Articles 4 and 5 of the National Crime Agency (Limitation of Extension to Northern Ireland) Order 2013( 2) are revoked.

The Police and Criminal Evidence (Northern Ireland) Order 1989

6.-(1) The Police and Criminal Evidence (Northern Ireland) Order 1989( 3) applies in relation to-

(a) designated persons, and

(b) the exercise of powers by such persons under Part 1 of CCA 2013,

with the modifications set out in Schedule 3.

(2) In article 63A of that Order (fingerprints and samples: supplementary provisions)( 4), in paragraph (1A)(b), for "Serious Organised Crime Agency" substitute "National Crime Agency".

(3) In this article "designated person" means an NCA officer designated as a person having the powers and privileges of a constable under section 10(1)(a) of CCA 2013.

PART 3

PROCEEDS OF CRIME

Proceeds of crime provisions to extend to Northern Ireland

7. The following extend to Northern Ireland-

(a) the relevant civil recovery provisions, as defined in paragraph 1 of Schedule 25 to CCA 2013, and

(b) the relevant investigation provisions, as defined in paragraph 8 of that Schedule.

Extension of relevant civil recovery provisions: consequential provision

8.-(1) Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct)( 5) is amended as follows.

(2) In section 282A (scope of powers)( 6)-

(a) in subsection (1), omit "in England and Wales",

(b) in subsection (2), omit "in England and Wales",

(c) in subsection (4), omit "and" at the end of paragraph (a), and

(d) at the end of that subsection insert-

", and

(c) in relation to an order made by the High Court in Northern Ireland, Northern Ireland.".

(3) In section 282B (enforcement abroad before recovery order: enforcement authority)( 7)-

(a) in subsection (1)(c), omit "in relation to England and Wales and Scotland", and

(b) in subsection (2)(a), after "Wales" insert "and Northern Ireland".

(4) In section 282C (enforcement abroad before recovery order: receiver or administrator)( 8)-

(a) in subsection (1)(a), omit "made by the High Court in England and Wales", and

(b) in subsection (2)(a), omit "made by the High Court in England and Wales".

(5) In section 282D (evidence overseas: interim receiver or interim administrator)( 9)-

(a) in subsection (1)(a), omit "made by the High Court in England and Wales", and

(b) in subsection (3), omit "in England and Wales".

(6) In section 282F(1)(a) (enforcement abroad: after recovery order)( 10), omit "made by the High Court in England and Wales or the Court of Session".

(7) In section 316(8B) (general interpretation)( 11), for "England and Wales or Scotland" substitute "a part of the United Kingdom".

(8) The amendments made by this article are deemed always to have had effect.

Extension of relevant investigation provisions: consequential provision

9. In Part 1 of Schedule 19 to CCA 2013 (proceeds of crime: civil recovery investigations), in the headings before paragraphs 4, 6, 8, 10 and 12, at the end insert "and Northern Ireland".

Karen Bradley

Parliamentary Under Secretary of State

Home Office

19th March 2015

SCHEDULE 1

Article 4(2)

Extension of relevant NCA provisions: consequential and connected provision

Police (Northern Ireland) Act 1998

1. In section 60ZA of the Police (Northern Ireland) Act 1998 (Police Ombudsman for Northern Ireland and the National Crime Agency)( 12) (as amended by section 11(8) of CCA 2013), at the end insert-

"(8) The Director General of the National Crime Agency shall supply the Ombudsman with such information and documents as the Ombudsman may require for the purposes of, or in connection with, the exercise of any of the Ombudsman's functions under procedures established by virtue of this section."

CCA 2013

2.-(1) Paragraph 11 of Schedule 5 to CCA 2013 (police, customs and immigration powers) is amended as follows.

(2) For sub-paragraphs (6) to (8) substitute-

"(6) An NCA officer may only exercise the powers and privileges of a Northern Ireland constable if-

(a) a Northern Ireland general authorisation is in force,

(b) the powers and privileges are exercised in accordance with that authorisation, and

(c) one or both of the following conditions is met-

(i) the NCA officer exercises the powers and privileges with the agreement of the Chief Constable of the Police Service of Northern Ireland;

(ii) the NCA officer exercises the powers and privileges in relation to the conduct of a police officer.

(7) The Chief Constable may arrange for a member of the Police Service of Northern Ireland at the rank of Superintendent or above to give agreement for the purposes of sub-paragraph (6)(c)(i) (whether in all cases or in cases specified in the arrangements)."

(3) In sub-paragraph (9), omit the definition of "Northern Ireland operational authorisation".

SCHEDULE 2

Article 5(1)

Amendments relating to NCA functions

Police (Northern Ireland) Act 2000

1. The Police (Northern Ireland) Act 2000( 13) is amended as follows.

2.-(1) In section 3 (general functions of the Board)( 14), after subsection (3) insert-

"(3A) The Board shall-

(a) monitor the exercise of the functions of the National Crime Agency in Northern Ireland;

(b) assess the level of public satisfaction with the performance of the National Crime Agency in exercising functions in Northern Ireland;

(c) make arrangements for obtaining the co-operation of the public with the National Crime Agency in the prevention of organised crime and serious crime.

(3B) Nothing in subsection (3A) shall have effect in relation to anything done by the National Crime Agency outside Northern Ireland."

(2) If the repeal of section 3(3)(d)(ii) of the Police (Northern Ireland) Act 2000 (made by the Justice Act (Northern Ireland) 2011) comes into force, paragraph (b) of subsection (3A) (inserted into section 3 of the Police (Northern Ireland) Act 2000 by this paragraph) is also repealed.

3.-(1) Section 31A (core...

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