Recent Chinese economic reforms : studies of two industrial enterprises

It is the duty of NCA officers to co-operate with the persons listed in sub-paragraph (3) for the purpose of assisting those persons in their activities to combat crime. It is the duty of— to co-operate with NCA officers for the purpose of assisting NCA officers in the discharge of any NCA function. The persons mentioned in sub-paragraphs (1) and (2)(a) are—

The Director General must keep the chief officers of each UK police force informed of any information obtained by the NCA in the exercise of any NCA function which appears to the Director General to be relevant to the exercise by that chief officer or any other member of that police force of any functions. This paragraph does not require the Director General to keep the chief officer of a police force informed of information which appears to the Director General to be information obtained (whether directly or indirectly) from that chief officer or any other member of that police force.

In paragraphs 5 and 6— Specified bodies Relevant functions The Secretary of State. Functions relating to immigration, nationality or customs. The Director of Border Revenue. All functions. The Director of the Serious Fraud Office. Investigatory functions (but not any prosecution functions).

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— But the Secretary of State may not add any of the following to the relevant list— 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. In this paragraph “relevant list” means—

In this Schedule—

If a power of the Commissioners is exercisable both— the power is exercisable by the Director General under section 9(1) only in relation to the customs matter.

The Director General or any other NCA officer may be designated as a person having operational powers whether or not that person already has, or previously had, any such powers. But see paragraph 12 of Schedule 1 for provision about persons who already have operational powers upon becoming NCA officers. If a person is both— none of the operational powers which the person has as an NCA officer are exercisable at any time when the person is exercising any power or privilege which the person has as a special constable or as a member of the Police Service of Northern Ireland Reserve.

If an NCA officer (other than the Director General) is designated as a person having the powers and privileges of a constable, the NCA officer has— But that is subject to— An NCA officer may only exercise the powers and privileges of a Scottish constable in one or other of the following cases. The first case is where— The second case is where— An NCA officer may only exercise the powers and privileges of a Northern Ireland constable in one or other of the following cases. The first case is where— The second case is where— In this paragraph—

When exercising the function of direction and control of the NCA in relation to the exercise by NCA officers of the powers and privileges of Scottish constables, the Director General must comply with any instruction given by the Lord Advocate or procurator fiscal in relation to the investigation of offences.

If a power of an officer of Revenue and Customs is exercisable both— the power is exercisable by a designated officer only in relation to the customs matter.

This paragraph applies to an enactment if it provides for the issuing of warrants which authorise an immigration officer to exercise any power of an immigration officer. For the purpose of enabling a designated officer to exercise that power or privilege, the enactment has effect as if the designated officer were an immigration officer.

In section 162(3) of the Criminal Justice Act 2003 (a “financial circumstances order” is a pre-sentencing order requiring a statement of an offender’s financial circumstances) after “statement of his” insert “assets and other”.

It is an offence for a person to disclose or use information in contravention of paragraph 29(5). It is a defence for a person charged with an offence under sub-paragraph (1) to prove that the person reasonably believed that the disclosure or use concerned was lawful. A person guilty of an offence under sub-paragraph (1) is liable— Sub-paragraph (3)(b) applies— as if the reference to 12 months were a reference to 6 months. A prosecution for an offence under sub-paragraph (1)—

Section 387 (search warrants) is amended as follows. In subsection (2), omit “property subject to”. In subsection (3)(a), after “confiscation investigation” insert “, a civil recovery investigation”.

Section 388 (requirements where production order not available) is amended as follows. In subsection (2), for paragraph (b) substitute—. In subsection (7), for paragraph (a) substitute—. After that subsection insert—

In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Schedule 1 (ineligibility for and disqualification and excusal from jury service), in Group B in Part 1 (others concerned with the administration of justice), for paragraph (nc) substitute—.

In section 3 of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions), in subsection (2)—

The Security Service Act 1989 is amended as follows.

The Police Act 1996 is amended as follows.

The Secretary of State may, by order, provide for one or more of the relevant civil recovery provisions to extend to Northern Ireland.

The Secretary of State may not make an order under this Part of this Schedule which makes transferred provision unless the Northern Ireland Assembly consents to the making of that provision. In this paragraph “transferred provision” means provision which, if it were contained in an Act of the Northern Ireland Assembly— In sub-paragraph (2)—

The relevant investigation provisions do not extend to Northern Ireland. But that is subject to paragraph 10.

The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of, or in connection with, a relevant investigation provision not extending to Northern Ireland.

In section 1 (the Security Service), in subsection (4), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

In section 57 (common services), in subsections (3A) and (4)(c), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

In section 2 (the Director General), in subsection (2)(c)—

In section 59 (police federations), omit subsection (7A).

In section 61 (the Police Negotiating Board for Great Britain), in subsection (1), omit paragraph (bb).

Section 62 (functions of the Police Negotiating Board with respect to regulations) is amended in accordance with this paragraph. In subsection (1), omit paragraph (d) (and the word “or” at the end of paragraph (c)). Omit subsections (1D) and (1E). In subsection (2), for “(1A), (1D) or (1E)” substitute “or (1A)”.

In section 63 (Police Advisory Boards for England and Wales and for Scotland), omit subsections (1C) and (3)(c).

In section 64 (membership of trade unions), omit subsections (4C) and (4D).

In section 88 (liability for wrongful acts of constables), in subsection (5A), for the words from “section 23” to “Agency” substitute “Part 3 of Schedule 3 to the Crime and Courts Act 2013, a National Crime Agency officer”.

In section 90 (impersonation etc), omit subsection (4)(ab).

In section 91 (causing disaffection), omit subsection (2)(aa).

Section 97 (police officers engaged on service outside their force) is amended in accordance with this paragraph. In subsection (1)— In subsection (6)(a)— In subsection (8), omit “(cf), (cg)”. After subsection (8) insert—

The first financial year of the NCA is the period that— After that, the financial year of the NCA is the period of 12 months ending with 31 March.

An NCA officer may only carry out activities in Scotland in relation to an offence which an NCA officer suspects has been committed (or is being committed) if the NCA officer does so with the agreement of the Lord Advocate. In carrying out such activities in Scotland, an NCA officer must comply with any direction (whether general or specific) given by the Lord Advocate or the procurator fiscal. If an NCA officer suspects that an offence has been committed (or is being committed) in Scotland, the NCA officer must report the matter to the procurator fiscal (or ensure that the matter is so reported by another NCA officer) as soon as is practicable.

The Director General and a relevant body (or both those bodies) may make arrangements for the NCA to use facilities made available by the police force maintained for a police area listed in Schedule 1 to the Police Act 1996 (police areas in England and Wales outside London). In this paragraph “relevant body”, in relation to the police force maintained for a police area, means—

The Director General and the Secretary of State may make arrangements for the NCA to use immigration facilities made available by the Secretary of State. The Director General and a relevant person (or both those persons) may make arrangements for the NCA to use customs premises made available by the relevant person (or both those persons). In this paragraph—

If it appears to the Department of Justice in Northern Ireland— the Department of Justice may, with the consent of the Secretary of State, direct the Director General and the Policing Board to make specified arrangements under paragraph 24.

In this Part of this Schedule “facilities” means—

In section 48(2) (nullity proceedings to be in private unless judge otherwise directs) for “judge” substitute “court”.

In section 4 of the Torts (Interference with Goods) Act 1977 (interlocutory relief where goods are detained) after subsection (5) insert—

The Child Support Act 1991 is amended as follows.

The Family Law Act 1996 is amended as follows.

The Childcare Act 2006 is amended as follows.

After paragraph 17 insert—

The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

The Constitutional Reform Act 2005 is amended as follows. Omit— Before section 95 (but after the italic heading preceding that section) insert—

In section 345 (production orders), in subsection (2)(a), after “confiscation investigation” insert “, a civil recovery investigation”.

Section 397 (customer information orders) is amended as follows. In subsection (2), omit “property subject to”. In subsection (3)—

In section 10(5) (magistrates’ court rules: statements as to maintenance assessments)—

In section 45(2)(c) (ex parte orders: prejudice resulting from delay in effecting service) for the words from “involved—” to “case,” substitute “involved”.

In section 72 (protection of children in an emergency)—

In Part 2 of Schedule 12 to the Constitutional Reform Act 2005 (Judicial Appointments Commission) in paragraph 20(5) (committee to which Commission delegates a selection function must include at least one judicial member and one lay member) for “judicial member and” substitute “who is a holder of judicial office and at least”.

In section 7(7) (Lord Chancellor’s power to appoint Chamber Presidents for the First-tier Tribunal or the Upper Tribunal) for “Lord Chancellor” substitute “Senior President of Tribunals”.

In section 346 (requirements for making of production order), in subsection (2), for paragraph (b) substitute—.

In section 399 (requirements for making of customer information order), for subsection (3) substitute—

In section 32L(10) (orders preventing avoidance: interpretation), in paragraph (a) of the definition of “the court”, after “High Court” insert “or the family court”.

In section 46(5) (power to accept undertaking instead of making occupation or non-molestation order does not affect other powers of High Court and county court) for “the county court” substitute “the family court”.

In section 79 (power of constable to assist in exercise of powers of entry)—

In section 122 of that Act (interpretation of Part 4) for the definition of “lay member” substitute—.

In section 8 (power of Senior President of Tribunals to delegate) after subsection (1) insert— section 7(7); section 7(9); paragraph 2(1) of Schedule 3; paragraph 7(1) of Schedule 3; paragraph 2 of Schedule 4; paragraph 5(1) and (3) of Schedule 4; paragraph 5(5) to (8) of Schedule 4; paragraph 5A(2)(a) of Schedule 4; paragraph 5A(3)(a) of Schedule 4. In section 46 (delegation of functions by Lord Chief Justice etc) after subsection (6) insert—

In section 45(2)(a) (power of Lord Chancellor to provide for certain appeals to be made to a court: meaning of “court”) for the words after “England and Wales” substitute “, the High Court or the family court; and”.

In section 47 (arrest for breach of order)—

In section 98F (power of constable to assist in exercise of powers of entry)—

In section 144(5)(e) of that Act (orders under paragraph 5 of Schedule 12 are subject to affirmative parliamentary procedure) for “an order under paragraph 5” substitute “regulations under Part 1”.

Schedule 2 (judges and other members of the First-tier Tribunal) is amended as follows. In paragraphs 1(1) and 2(1) (Lord Chancellor’s power to appoint) for “Lord Chancellor” substitute “Senior President of Tribunals”. In paragraph 1(2)(d) (eligibility for appointment as judge based on experience gained in law) for “Lord Chancellor’s opinion” substitute “opinion of the Senior President of Tribunals”. In paragraph 1(3) (meaning of “gain experience in law”) for “Lord Chancellor” substitute “Senior President of Tribunals”. If the terms of the person’s appointment provide that the person is appointed on a fee-paid basis, the person may be removed from office— If the period (or extended period) for which the person is appointed ends before— then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person’s appointment (including a period already extended under this sub-paragraph) before it ends. Extension under sub-paragraph (2B)— In paragraph 4(3) (subject to sub-paragraph (2), person to hold and vacate office in accordance with terms of appointment)—

In section 48(1) (rights of audience for authorised officer of Commission) after “before” insert “the family court or”.

Section 50 (power of magistrates’ court to suspend execution of a committal order) is repealed.

Schedule 3 (judges and other members of the Upper Tribunal) is amended as follows. In paragraph 2(1) (Lord Chancellor’s power to appoint other members of the Upper Tribunal) for “Lord Chancellor” substitute “Senior President of Tribunals”. In paragraph 3(1) (removal from office) before the “or” at the end of paragraph (b) insert—. If the terms of the person’s appointment provide that the person is appointed on a fee-paid basis, the person may be removed from office— If the period (or extended period) for which the person is appointed ends before— then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person’s appointment (including a period already extended under this sub-paragraph) before it ends. Extension under sub-paragraph (2B)— In paragraph 4(3) (subject to sub-paragraph (2), person to hold and vacate office in accordance with terms of appointment)— In paragraph 7(1) (Lord Chancellor may appoint deputy judge of the Upper Tribunal for such period as the Lord Chancellor considers appropriate) for “Lord Chancellor”, in the first place, substitute “Senior President of Tribunals”. In paragraph 7(3) (persons to whom paragraph 7(4) and (5) apply) for “Sub-paragraphs (4) and (5)” substitute “The following provisions of this paragraph”. The person may be removed from office— If the period (or extended period) for which the person is appointed ends before— then, subject to sub-paragraph (3C), the Lord Chancellor must extend the period of the person’s appointment (including a period already extended under this sub-paragraph) before it ends. Extension under sub-paragraph (3B)— Subject to the previous provisions of this paragraph (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person is to hold and vacate office as a deputy judge of the Upper Tribunal in accordance with the person’s terms of appointment, which are to be such as the Lord Chancellor may determine.

Section 51 (power of magistrates’ court to order hospital admission or guardianship) is repealed.

Schedule 4 (chambers, and chamber presidents, for the First-tier Tribunal or the Upper Tribunal) is amended as follows. In the italic headings before each of paragraphs 1 and 2 for “by Lord Chancellor” substitute “under section 7(7)”. In paragraph 2(1) (duty to consult before appointing senior court judge as chamber president) for “Lord Chancellor must consult the Senior President of Tribunals before the Lord Chancellor” substitute “Senior President of Tribunals must consult the Lord Chancellor before the Senior President of Tribunals”. In paragraph 2(2) to (4) (which relate to the power under section 7(7)) for “Lord Chancellor”, in each place, substitute “Senior President of Tribunals”. The Senior President of Tribunals may make a request under sub-paragraph (2), (3) or (4) only with the Lord Chancellor’s concurrence. In paragraph 2(5) (judge nominated must be appointed as Chamber President) for “Lord Chancellor” substitute “Senior President of Tribunals”. In paragraph 3(1) (Chamber President to hold and vacate office in accordance with terms of appointment)— In paragraph 5(1) (Lord Chancellor’s power to appoint Deputy Chamber Presidents for the First-tier or Upper Tribunal) for “Lord Chancellor” substitute “Senior President of Tribunals”. In paragraph 5(3) and (5) to (7) (which relate to the power under paragraph 5(1)) for “Lord Chancellor”, in each place, substitute “Senior President of Tribunals”. In paragraph 5(3)(a) (duty to consult Senior President of Tribunals) for “Senior President of Tribunals” substitute “Lord Chancellor”. The Senior President of Tribunals may make a request under sub-paragraph (5), (6) or (7) only with the Lord Chancellor’s concurrence. In paragraph 5(8) (judge nominated must be appointed as Deputy Chamber President) for “Lord Chancellor” substitute “Senior President of Tribunals”. In paragraph 5(9) (Deputy Chamber President to hold and vacate office in accordance with terms of appointment)— After paragraph 5 insert—

Section 57 (jurisdiction of courts under Part 4) is amended as follows. In subsection (1) (default meaning of “the court”) for “the High Court, a county court or a magistrates’ court” substitute “the High Court or the family court”. Omit subsections (2) to (12) (jurisdiction: Lord Chancellor’s powers).

Section 94B of the Constitutional Reform Act 2005 (certain appointments by Lord Chancellor not subject to section 85 but require concurrence of Senior President of Tribunals) is amended as follows. For subsection (1)(b) (concurrence requirement) substitute— In subsection (2) (Lord Chancellor must also consult Lord Chief Justice in certain cases) for “Lord Chancellor” substitute “Senior President of Tribunals”. After subsection (5) insert—

Section 59 (jurisdiction of magistrates’ courts under Part 4) is repealed.

Schedule 14 to that Act (Judicial Appointments Commission: relevant offices and enactments) is amended as follows. For the title of Part 3 substitute “Tribunal-related and other appointments”. The table in Part 3 (appointments by the Lord Chancellor) becomes Table 1 of that Part called “Appointments by the Lord Chancellor”. Move the entries for the following offices from Table 1 of Part 3 to form Table 2 of that Part called “Appointments by the Senior President of Tribunals” (and with the same column headings)— Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to that Act Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to that Act Other member of the First-tier Tribunal by appointment under paragraph 2(1) of that Schedule Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to that Act Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of that Schedule Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, but not where appointed in accordance with paragraph 5(5) to (8) of Schedule 4 to that Act In the entry in Part 3 for Deputy Chief Coroner appointed under paragraph 2(5) of Schedule 8 to the Coroners and Justice Act 2009, for “2(5)” substitute “2(6)”. In paragraph 51 of Schedule 21 to the Coroners and Justice Act 2009 (which inserts entries at the end of Part 3 of Schedule 14 to the 2005 Act)— (Accordingly, the power to commence that paragraph 51 becomes a power to commence it as amended by this sub-paragraph.)

Section 61 (appeals) is repealed.

In section 63(1) (interpretation of Part 4), in the definition of “the relevant judicial authority”, for paragraphs (b) and (c) substitute—

Section 63M (jurisdiction of courts under Part 4A) is amended as follows. In subsection (1) (default meaning of “the court”) for “a county court” substitute “the family court”. Omit subsections (2) to (4) (application of section 57(3) to (12) with modification).

Section 63N (power to extend jurisdiction to magistrates’ courts) is repealed.

Section 63P (appeals: Part 4A) is repealed.

In section 63S (interpretation of Part 4A) in the definition of “the relevant judge”, in paragraph (b) for the words after “where the order was made by” substitute “the family court, a judge of that court.”

In section 65 (rules, regulations and orders)—

Paragraph 1 of Schedule 5 (powers to remand: meaning of “the court”) is amended as follows. In the words before paragraph (a) for “a county court” substitute “the family court”. In paragraph (b) for the words after “in relation to” substitute “the family court, a judge of that court.”

In paragraph 1 of Schedule 7 (transfer of certain tenancies on divorce etc or on separation of cohabitants: interpretation) for the definition of “the court” substitute—.

In the Official Secrets Act 1989, in section 12 (meanings of “crown servant” and “government contractor”), in subsection (1)(e), for “of the Serious Organised Crime Agency” substitute “an NCA special (within the meaning of Part 1 of the Crime and Courts Act 2013)”.

The Proceeds of Crime (Northern Ireland) Order 1996 is amended as follows.

The Terrorism Act 2000 is amended as follows.

In section 9 of the Police Reform Act 2002 (the Independent Police Complaints Commission), in subsection (3)— In Schedule 3 to that Act (handling of complaints and conduct matters etc), in paragraph 19F(7), for paragraph (b) substitute—

In section 20 of the Commissioners for Revenue and Customs Act 2005, in section 20 (public interest disclosure), in subsection (7)(a), for “national Policing Improvement Agency” substitute “Secretary of State”.

The Police and Justice Act 2006 is amended as follows.

The Marriage Act 1949 is amended as follows.

In section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1970 (section 17 of the Married Women’s Property Act 1882 and section 7 of the Matrimonial Causes (Property and Maintenance) Act 1958 apply to certain disputes between parties to a broken engagement) for “a county court” substitute “the family court”.

Section 9 of the Senior Courts Act 1981 (which includes provision about the appointment of deputy judges of the High Court) is amended as follows. In subsection (4) (power of Lord Chief Justice to appoint deputy judges to facilitate disposal of business in the High Court or Crown Court) after “Crown Court” insert “or any other court or tribunal to which persons appointed under this subsection may be deployed”. After subsection (8) (remuneration) insert— In subsection (9) (Lord Chief Justice’s power to delegate functions under subsection (4))— In the title omit the words after “business”.

A deferred prosecution agreement (a “DPA”) is an agreement between a designated prosecutor and a person (“P”) whom the prosecutor is considering prosecuting for an offence specified in Part 2 (the “alleged offence”). Under a DPA—

P may be a body corporate, a partnership or an unincorporated association, but may not be an individual. In the case of a DPA between a prosecutor and a partnership— In the case of a DPA between a prosecutor and an unincorporated association—

After the commencement of negotiations between a prosecutor and P in respect of a DPA but before the terms of the DPA are agreed, the prosecutor must apply to the Crown Court for a declaration that— The court must give reasons for its decision on whether or not to make a declaration under sub-paragraph (1). The prosecutor may make a further application to the court for a declaration under sub-paragraph (1) if, following the previous application, the court declined to make a declaration. A hearing at which an application under this paragraph is determined must be held in private, any declaration under sub-paragraph (1) must be made in private, and reasons under sub-paragraph (2) must be given in private.

At any time when a DPA is in force, the prosecutor and P may agree to vary its terms if— When the prosecutor and P have agreed to vary the terms of a DPA, the prosecutor must apply to the Crown Court for a declaration that— A variation of a DPA only takes effect when it is approved by the Crown Court making a declaration under sub-paragraph (2). The court must give reasons for its decision on whether or not to make a declaration under sub-paragraph (2). A hearing at which an application under this paragraph is determined may be held in private. But if the court decides to approve the variation and make a declaration under sub-paragraph (2) it must do so, and give its reasons, in open court. Where the court decides not to approve the variation, the prosecutor must publish the court’s decision and the reasons for it, unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings). Where the court decides to approve the variation the prosecutor must publish— unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings).

Sub-paragraph (2) applies where a DPA between a prosecutor and P has been approved by the Crown Court under paragraph 8. The statement of facts contained in the DPA is, in any criminal proceedings brought against P for the alleged offence, to be treated as an admission by P under section 10 of the Criminal Justice Act 1967 (proof by formal admission). Sub-paragraph (4) applies where a prosecutor and P have entered into negotiations for a DPA but the DPA has not been approved by the Crown Court under paragraph 8. Material described in sub-paragraph (6) may only be used in evidence against P— However, material may not be used against P by virtue of sub-paragraph (4)(b) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of P in the proceedings arising out of the prosecution. The material is—

Article 49 (additional investigation powers) is amended in accordance with this paragraph. In paragraph (1A), for “a senior member of staff of the Serious Organised Crime Agency” substitute “a senior National Crime Agency officer”. In paragraph (1B), for “a member of staff of the Serious Organised Crime Agency” substitute “a National Crime Agency officer”. In paragraph (5), in the definition of “senior member of staff of the Serious Organised Crime Agency”—

In section 19 (disclosure of information: duty), in subsection (7B), for “member of the staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

Omit section 1 (National Policing Improvement Agency).

In section 3(5) (marriage of persons aged 16 or 17: meaning of “the court” and provision about rules of court)—

Deputy judge of the High Court Section 9(4) of the Senior Courts Act 1981 If the provisions in Schedule 13 to this Act that split the table in Part 2 of Schedule 14 to the 2005 Act into two tables do not come into force before or at the time when sub-paragraph (1) comes into force— After section 94A of the 2005 Act (appointments not subject to section 85: courts) insert— In section 85(2A)(d) and (4) of the 2005 Act after “94A” insert “, 94AA”.

In Schedule 2 (financial investigations), in paragraph 3A(4)(a), for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

In section 20 (disclosure of information: permission), in subsection (5), for “member of the staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

In section 13 (supply of information to police etc by Registrar General), in subsection (1)(c), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

Section 27B (provisions relating to section 1(3) marriages) is amended as follows. In subsection (4) (certificate not to be issued if alleged that section 1(3) criteria not met, unless declaration obtained from High Court under subsection (5)) omit “from the High Court”. In subsection (5) (application to High Court for declaration) after “High Court” insert “or the family court”.

In section 21ZA (arrangements with prior consent), in subsection (5), for “member of the staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

Omit Schedule 1 (National Policing Improvement Agency).

In section 21ZB (disclosure after entering into arrangements), in subsection (4), for “member of the staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

In section 21A (failure to disclosure: regulated sector), in subsection (14), for “member of the staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

In section 21B (protected disclosures), in subsection (7), for “member of the staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

Section 21C (disclosures to SOCA) is amended in accordance with this paragraph. In the title for “SOCA” substitute “the National Crime Agency”. In subsections (1) and (2), for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

In section 21D (tipping off: regulated sector), in subsection (2)(d), for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

In Schedule 14 (exercise of officers’ powers), in paragraph 4 (information), for sub-paragraph (1)(d) substitute—.

NCA functions are exercisable on behalf of the Crown.

The NCA may charge a person for any service provided at the person's request. This paragraph has effect subject to Part 5 of Schedule 3 (payment for tasks, assistance or facilities). In this paragraph “service” means a service of any kind (including the provision of facilities) which is provided by means of the exercise of any NCA function.

The Director General is to select other persons for appointment as National Crime Agency officers. The terms and conditions of an appointment as an NCA officer (other than as Director General) are to be determined by the Director General with the agreement of the Minister for the Civil Service. This paragraph does not apply to NCA specials.

If a person holds a relevant office when the person becomes an NCA officer (the “existing office”), the person’s holding of the existing office— Sub-paragraph (1) ceases to apply to a person who resigns from, or otherwise ceases to hold, the other office. In this paragraph “relevant office”, in relation to a person who is an NCA officer, means any other office by virtue of which that person has operational powers (such as the office of constable, officer of Revenue and Customs, or immigration officer), apart from the office of special constable or constable in the Police Service of Northern Ireland Reserve.

The Director General may select and appoint persons as National Crime Agency officers on a part-time unpaid basis (and such persons are referred to in this Part of this Act as “NCA specials”). The terms and conditions of an appointment as an NCA special are to be determined by the Director General. Sub-paragraph (1) does not prevent NCA specials from working otherwise than on a part-time basis if the Director General considers that it is appropriate for them to do so because of exceptional circumstances. Sub-paragraph (1) does not prevent provision being made for— The Director General— If an NCA special is designated as a person having the powers and privileges of a constable, paragraph 11(1)(b) to (d) of Schedule 5 (powers and privileges in Scotland, Northern Ireland and outside the UK) do not apply in relation to the NCA special. The Director General may not— The Secretary of State may not appoint an NCA special to be a member of an advisory panel under paragraph 4 of Schedule 5 to make recommendations about the operational powers of the Director General. The no-strike provisions in section 13 do not apply in relation to NCA specials. No determination under regulations under section 14 may be made in relation to the pay and allowances and other terms and conditions of employment of NCA specials. If a person is both— none of the operational powers which the person has as an NCA special are exercisable at any time when the person is exercising any power or privilege which the person has as a special constable or as a member of the Police Service of Northern Ireland Reserve. A person is not a civil servant by virtue of being an NCA special.

Each specified body must keep the Director General informed of any information held by that body which— Where a specified body informs the Director General of such information, that body must disclose to the NCA any of that information which the Director General requests that body to disclose. This paragraph does not require a specified body to keep the Director General informed of information which appears to that body to be information obtained (whether directly or indirectly) from the NCA. This paragraph does not require the Director of the Serious Fraud Office to keep the Director General informed of, or to disclose to the NCA, any information obtained under section 2(2) or (3) of the Criminal Justice Act 1987 (information which the Director of the SFO may require a person to produce etc).

The Secretary of State may direct the Director General to provide specified assistance to— A direction may be given under this paragraph only if it appears to the Secretary of State that it is appropriate for the police force or other persons or person to receive directed assistance from the Director General.

The Scottish Ministers may direct the chief constable of the Police Service of Scotland to provide specified assistance to the NCA if it appears to the Scottish Ministers that it is appropriate for the NCA to receive directed assistance from the chief constable.

For the purposes of this Part of this Schedule, it is appropriate for a person (“R”) to receive directed assistance from another person (“P”) if—

The Director General and the Common Council of the City of London (in its capacity as police authority for the City of London police area) may make arrangements for the NCA to use facilities made available by the City of London police force.

The Director General may make arrangements with the Northern Ireland Policing Board for the NCA to use facilities made available by the Police Service of Northern Ireland.

Before a person (“D”) gives a direction under this Part of this Schedule to another person (“P”), D must—

The Secretary of State may, by order, amend paragraph 7 of this Schedule by making any of the following kinds of provision— But the Secretary of State may not add any of the following to the specified bodies— Before making provision under this paragraph which adds a person to the specified bodies, the Secretary of State must consult that person. In this paragraph “relevant table” means the table in paragraph 7.

In paragraph 4(1) of Schedule 1 to the Public Records Act 1958 (records which are public records) after paragraph (a) insert—.

In section 12(5) of the Civil Evidence Act 1968 in the definition of “matrimonial proceedings” for “a county” substitute “family”.

The Attachment of Earnings Act 1971 is amended as follows.

The Inheritance (Provision for Family and Dependants) Act 1975 is amended as follows. In section 15(1) (restriction imposed in divorce proceedings etc on application under the 1975 Act: meaning of “the court”) for the words from “, where a county court has jurisdiction” to the end substitute “the family court”. In section 15ZA(2) (restriction imposed in proceedings for the dissolution etc of a civil partnership on application under the 1975 Act: meaning of “the court”) for the words from “, where a county court has jurisdiction” to the end substitute “the family court”. In section 15A(1) (restriction imposed in proceedings under Matrimonial and Family Proceedings Act 1984 on application under the 1975 Act: meaning of “the court”) for the words from “, where a county court has jurisdiction” to the end substitute “the family court”. In section 15B(2) (restriction imposed in proceedings under Schedule 7 to the Civil Partnership Act 2004 on application under the 1975 Act: meaning of “the court”) for the words from “, where a county court has jurisdiction” to the end substitute “the family court”.

The Magistrates’ Courts Act 1980 is amended as follows.

In section 53(2) of the Administration of Justice Act 1985 (costs where judge unable to act) before the “and” at the end of paragraph (b) insert—.

The Courts and Legal Services Act 1990 is amended as follows. In section 1(1) (allocation of business between High Court and county court)— In section 1(3) (criteria for distinguishing categories of proceedings) after paragraph (c) insert—. In section 1(7)(a) (power to make consequential amendments) after sub-paragraph (ii) insert or. In section 1(10) (no power to confer judicial review jurisdiction on county court) after “on” insert “the family court or”. In the title of section 1 after “High Court” insert “, family court”. Omit sections 9 and 10 (allocation of family proceedings in county court and rules about family proceedings in magistrates’ courts). In section 11 (representation in certain county court cases)—

Section 7 of the Matrimonial Causes (Property and Maintenance) Act 1958 (which extends section 17 of the Married Women’s Property Act 1882 to certain disputes relating to property in which a wife claims a beneficial interest) is amended as follows. In subsection (1) (which refers to any right of a wife under section 17 of the 1882 Act to apply to a judge of the High Court or of a county court) for “a county court” substitute “the family court”. In subsection (2) (extension of the judge’s power to make orders under section 17 of the 1882 Act as extended by subsection (1)) for “a county court” substitute “the family court”.

The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as follows.

The Domestic Proceedings and Magistrates’ Courts Act 1978 is amended as follows.

In section 27 (selection process) after subsection (1) insert— At the end of that section insert—

In Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 omit paragraph 65 (which amended paragraph 2 of Schedule 12 to the Constitutional Reform Act 2005).

Section 1 (courts with power to attach earnings) is amended as follows. After subsection (1) insert— In subsection (2) (county court) omit paragraph (a) (maintenance orders). In subsection (3) (magistrates’ courts) omit paragraph (a) (maintenance orders).

In section 58(2) (sums recoverable summarily as a civil debt) omit paragraph (a) (including the “or” at the end).

Section 3 (magistrates’ court may make provisional maintenance order against person residing in reciprocating country) is amended as follows. In subsection (1) for “a magistrates’ court” substitute “the family court”. In subsection (4) (application not to be transferred etc)— In subsection (6) (effect of order being confirmed) omit “magistrates’”. Omit subsection (7)(b) (Northern Ireland: application of subsection (4)). In the title omit “magistrates’”.

In section 1 (grounds of application to magistrates’ court for order for financial provision) for “a magistrates’ court” substitute “the family court”.

After section 27 insert—

In section 2(b) (meaning of “High Court maintenance order” etc)—

Section 59 (orders for periodical payment: means of payment) is amended as follows. In subsection (1) (duty to exercise powers under subsection (3))— Omit subsections (2), (3)(cc), (3A), (5), (7) to (12) (maintenance orders). In subsection (3) omit paragraphs (c) to (d).

In section 4(6) (Scotland: application of section 3(5) and (6)) after “for references to” insert “a court that are references to the family court or”.

In section 6(1) (application for order for payments agreed between parties to a marriage) for “a magistrates’ court” substitute “the family court”.

Section 3 (application for order and conditions of court’s power to make it) is amended as follows. In subsection (1)(a) (payee may apply) after “through” insert “any court or”. In subsection (1) (applicants) for paragraph (c) substitute—. In subsections (1)(d)(ii) and (4)(a) (maintenance payments) for the words between “or” and “for” substitute “the family court”. In subsection (4)—

Section 59A (orders for periodical payment: proceedings by designated officer) is amended as follows. In subsections (1) and (2) for “a relevant UK order” substitute “an order made by a magistrates’ court”. In subsection (7) (interpretation)—

Omit section 5(3A) (modification of section 60 of Magistrates’ Courts Act 1980 in relation to maintenance orders to which section 5 applies).

In section 7(1) (powers of court where parties living apart by agreement) for “a magistrates’ court” substitute “the family court”.

In section 6(7) (meaning of “collecting officer”)—

Omit section 59B (power of magistrates’ court to impose penalty for breach of certain maintenance orders).

In section 7 (confirmation of order made in reciprocating country)—

Section 19 (interim maintenance orders) is amended as follows. In subsection (1) (courts’ powers)— In subsection (3) (date from which payment may be required to be made) omit the words after “section 2, 6 or 7 of this Act”. In subsection (5)(c) (interim order ceases to have effect on final order of magistrates’ court or dismissal of application) for “a magistrates’ court” substitute “the family court”. In subsection (6) (interim order may be continued in force by order of court) for the words from “the magistrates’ court which made the order” to “reheard,” substitute “the family court”. Omit subsection (9) (interim order of High Court or county court on ordering rehearing by magistrates’ court to be treated, for certain purposes, as an order of that magistrates’ court).

In section 8(3) (order ceases to have effect when warrant issued) omit the words after “related maintenance order”.

In section 60 (variation etc of orders for periodical payments)—

In section 8 (enforcement of registered maintenance orders)—

In section 20 (variation, revival and revocation of orders for periodical payments) in each of subsections (1) to (3) and (5) for “a magistrates’ court” substitute “the family court”.

In section 10 (reduction of normal deduction rate)—

In section 61(2) in the definition of “periodical payments order” omit the words from “, or registered” to “1958,”.

Omit section 9(1ZA) (modification of section 60 of Magistrates’ Courts Act 1980 in relation to registered order).

Section 20ZA (variation of orders for periodical payments: further provision) is amended as follows. In subsections (1) and (7) (making provision as to payment when exercising power to vary) for “paragraphs (a) to (d) of section 59(3) of the Magistrates’ Courts Act 1980” substitute “section 1(4) and (4A) of the Maintenance Enforcement Act 1991”. Omit subsections (2) to (5) and (9) (power of justices’ clerk to vary order). In subsection (6) (power to require account to be opened)— Omit subsection (8) (duty to exercise powers in particular way). In subsection (10) (powers under section only exercisable if payer resident in England and Wales)—

In section 11(1)(a) (registered maintenance orders) for the words after “provides” substitute “for the registration in the family court of a High Court maintenance order);”.

Section 62 (payments required to be made to a child) is amended as follows. In subsection (1) omit paragraph (b) and the “or” preceding it. In subsection (3) omit “or registered in”. Omit subsection (6) (meaning of “registered”).

In section 10(3) (transfer to other magistrates’ court)—

In section 20A(1) (application by child for revival of periodical payments order)—

In section 15D (interpretation of sections 15A to 15C) after subsection (2) insert—

In section 64 (costs)—

In section 14(3) (compelling attendance of witnesses etc)— Omit section 14(6) (Northern Ireland: modifications).

Omit section 22 (variation of instalments of lump sum).

In section 16(2)(d) (power of collecting officer) for “magistrates’ court” substitute “family court”.

Omit sections 65 to 67, 68A, 69, 70, 71, 73, 74 and 75(2A) to (2C) (family proceedings in magistrates’ courts).

In section 17 (proceedings in magistrates’ courts)—

Omit section 23(2) (certain powers of a magistrates’ court do not apply to orders under Part 1).

Section 18 (collecting officers of magistrates’ courts) is amended as follows. In subsection (1)— In subsection (2) for “the designated officer for a magistrates’ court” substitute “an officer of the family court”. Omit subsection (3).

Omit—

Section 18 (magistrates’ courts rules) is amended as follows. Before subsection (1) insert— In subsection (1) (provision which may be made in rules of court)— In subsection (1A) (further provision about rules of court in relation to England and Wales) for “(1)” substitute “(A1)”. For the title substitute “Rules of court”.

In section 25(4) (magistrates’ court’s power to determine date on which order ceased to have effect because the parties were living together) for “a magistrates’ court” substitute “the family court”.

Section 20 (persons residing outside England and Wales) is amended as follows. In subsection (1)— In subsections (2) to (4) for “complaint”, in each place, substitute “application”. In subsection (4) for “complainant” substitute “applicant”.

Section 111A (appeals on ground of error of law etc in family proceedings in a magistrates’ court) is amended as follows. In subsection (1) for “family proceedings” substitute “proceedings under the Child Support Act 1991”. In subsection (2) (appeal to a county court) for “a county” substitute “the family”. In subsection (3)(a) (other rights to appeal exclude right under subsection (2)) before “against” insert “or the family court”. Omit subsection (5) (meaning in the section of “family proceedings”). In the title for “family” substitute “child support”.

In section 21(1) in the definition of “the appropriate court”—

Section 27 (refusal of order in case more suitable for High Court) is repealed.

In section 21 (costs on application under section 16)—

In section 112(2) (decisions on appeals under section 111A) for “a county” substitute “the family” in both places.

Section 23 (orders registered in High Court under Maintenance Orders (Facilities for Enforcement) Act 1920) is amended as follows. In subsection (1) (orders registered at time when 1920 Act ceases to apply)— Before subsection (2) insert— In subsection (2) (certified copy to be sent to court which is to register order) after “High Court”, in the first place, insert “of Justice in Northern Ireland”. In subsection (3) (officer to register order) omit “appropriate”. In subsection (4)— Omit subsection (5) (Northern Ireland: modification). In subsection (6) (meaning of “appropriate officer”) for the words from “means—” to the end substitute “, in relation to a magistrates’ court in Northern Ireland, means the clerk of the court.”

Section 28 (powers of High Court and county court relation to certain orders under Part 1) is amended as follows. In subsection (1) (power of High Court or county court in matrimonial proceedings to direct that order of magistrates’ court is to cease to have effect)— In subsection (3)—

In section 23 (enforcement) after subsection (10) insert—

In section 144 (procedure rules for civil proceedings in magistrates’ courts and before justices’ clerks) after subsection (1) insert—

In section 26(6)(a) (appropriate officer) for the words from “the designated” to the end substitute “an officer of the family court”.

Section 29 (appeals) is repealed.

In section 27B (sending application to which section 27A applies to appropriate magistrates’ court)—

Section 30 (provisions as to jurisdiction and procedure) is amended as follows. Omit subsections (1) and (1A) (limits on jurisdiction of magistrates’ courts to deal with applications under Part 1). In subsection (5) (jurisdiction of magistrates’ court under Part 1 exercisable notwithstanding that a party to proceedings is not domiciled in England and Wales) for “a magistrates’ court” substitute “the family court”. Omit subsection (6) (interpretation of subsections (1) and (1A)).

In section 27C (applications to which section 27A applies: general)—

Section 31 (constitution of courts) is repealed.

In section 28 (applications by spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978)—

Section 32 (enforcement etc of orders for payment of money) is amended as follows. Omit subsection (1) (order under Part 1 to be enforced as a magistrates’ court maintenance order). In subsection (2) (power to order payment to a person on another’s behalf)— In subsection (4) (arrears more than 12 months old not to be enforced without court’s permission) for “High Court or any county” substitute “family”.

In section 28A (applications by former spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978)—

Section 35 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership) is amended as follows. In subsection (1) (circumstances in which court may exercise powers under subsection (2)) for “the court” substitute “the family court”. In subsection (2) (power to order repayment or partial repayment, or to dismiss application) for “The court” substitute “The family court”. In subsection (4) (application to be made in enforcement proceedings, or to county court)— Omit subsection (6) (no limits on jurisdiction of county court under subsection (4)). In subsection (7) (liability of court officers)—

Section 28B (certain orders under Schedule 11 to the Children Act 1989 do not apply) is repealed.

In section 88 (interpretation)—

Section 32 (transfer of orders) is amended as follows. In subsection (2) (transfer to other magistrates’ court)— Omit subsection (2A) (meaning of “appropriate officer”). In subsection (8) in the definition of “the appropriate court”—

In section 33 (enforcement of orders)—

In section 34 (variation and revocation of orders)—

Section 34A (variation of orders by magistrates’ courts in England and Wales) is amended as follows. In subsection (1) (application of certain provisions)— In subsection (2) (court may exercise one of powers under subsection (3) upon varying order) for “a magistrates’ court in England and Wales” substitute “the family court”. In subsection (3) (available powers)— Omit subsections (4) to (8) (variation by justices’ clerk). In subsection (9) (deciding on exercise of powers)— In subsection (10) (power to require account to be opened) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection (6) of section 1 of the Maintenance Enforcement Act 1991”. In subsection (11) (meaning of “creditor” and “debtor”) for “section 59 of the Magistrates’ Courts Act 1980” substitute “section 1 of the Maintenance Enforcement Act 1991”. In the title for “magistrates’ courts” substitute “the family court”.

In section 35 (further provision relating to variation etc of orders by magistrates’ courts in England and Wales)—

Section 36 (admissibility of evidence given in convention country) is amended as follows. Before subsection (1) insert— In subsection (1) (statements made in convention country to be admissible)—

In section 38 (obtaining evidence at request of court in convention country)—

In section 38A(1) (rules of court) after “done by” insert “the family court or”.

In section 42 (provisional order to cease to have effect on remarriage) in subsection (1) and in the title omit “magistrates’”.

In section 47(3) (interpretation: jurisdiction of magistrates’ courts) for the words from “construed—” to “in relation to”, in the second place, substitute “construed in relation to”.

The Secretary of State is to select and appoint the Director General, after consultation with— A person may not be appointed as Director General unless the Secretary of State is satisfied that the person— A person need not be an NCA officer before appointment as the Director General. The Director General is to hold and vacate office in accordance with the terms and conditions of the appointment (subject to paragraph 8). The terms and conditions of an appointment as Director General are to be determined by the Secretary of State. The terms and conditions of an appointment as Director General must provide for that appointment to last for a period which does not exceed 5 years; and a person who has previously been, or currently is, Director General may be appointed again as Director General. Sections 10 to 14 of the Constitutional Reform and Governance Act 2010 (appointments of civil servants) do not apply to the appointment of the Director General.

The Director General may arrange for any function of the Director General to be exercised by a senior NCA officer who is designated for the purpose by the Director General. A designation under this paragraph may provide for a function to be exercised by— The Director General’s powers of direction under section 5(5) and paragraph 11 of Schedule 3 may not be delegated under this paragraph. But those powers of direction may, in the absence of the Director General for any reason, be exercised by a senior NCA officer nominated for this purpose by the Director General. In this paragraph “senior NCA officer” means an NCA officer who is at, or above, a grade specified for this purpose by the Secretary of State in the framework document.

The Director General may make arrangements for persons to be seconded to the NCA to serve as National Crime Agency officers. A member of a police force on temporary service with the NCA is to be under the direction and control of the Director General. Paragraph 12(1) does not apply to a member of a special police force who is an NCA officer by virtue of a secondment.

The Secretary of State must have regard to the framework document in exercising functions in relation to the NCA, the Director General or any other NCA officer.

This paragraph applies on each occasion when the Secretary of State issues a framework document. The Secretary of State must— The Scottish Ministers must lay a copy of the framework document before the Scottish Parliament. The Department of Justice in Northern Ireland must lay a copy of the framework document before the Northern Ireland Assembly. Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) as it applies in relation to the laying of a statutory document under an enactment.

A person commits an offence if the person assaults a member of an NCA-led international joint investigation team who is carrying out functions as a member of the team. A person guilty of that offence is liable on summary conviction to either or both of the following— A person commits an offence if the person resists or wilfully obstructs a member of an NCA-led international joint investigation team who is carrying out functions as a member of that team. A person guilty of that offence is liable on summary conviction to either or both of the following— In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences)—

If the Director General is designated as a person having the powers and privileges of a constable, the Director General has— But that is subject to any limitations included in the designation.

This paragraph applies to an enactment if it provides for the issuing of warrants which authorise a constable to exercise any power or privilege of a constable. For the purpose of enabling a designated officer to exercise that power or privilege, the enactment has effect as if the designated officer were a constable.

This paragraph applies to an enactment if it provides for the issuing of warrants which authorise an officer of Revenue and Customs to exercise any power in relation to a customs matter. For the purpose of enabling a designated officer to exercise that power in relation to a customs matter, the enactment has effect as if the designated officer were an officer of Revenue and Customs.

The Police Reform Act 2002 is amended as follows.

The Secretary of State may make— The Secretary of State may include— only if the Secretary of State considers that the provision is appropriate in connection with an order under section 2 (modification of NCA functions). The Secretary of State must lay before Parliament each staff transfer scheme and each property transfer scheme that is made.

In section 30 of the Commons Act 1876 (jurisdiction of county court in respect of illegal inclosures)—

In section 7 of the Law of Distress Amendment Act 1888 (distress to be levied by certified bailiffs)—

The Administration of Justice (Appeals) Act 1934 is repealed.

In Schedule 8 to the Opencast Coal Act 1958 in paragraph 7 omit “the judge of” and “having jurisdiction in the place where the land in question is situated”.

The Attachment of Earnings Act 1971 is amended as follows. In section 1(2)— In that Act except section 1 (but subject to any specific amendments or repeals made by or under this Act in that Act)— In section 6(7)(a) for “such county court as the order may specify” substitute “the county court if the order so specifies”. In section 23 (enforcement provisions)— In section 25(1) (interpretation) in the definition of “the court” for “county courts” substitute “the county court”.

In section 10(6) (definitions) for paragraph (b) of the definition of “officer of a court” substitute—

The Courts and Legal Services Act 1990 is amended as follows.

In paragraph 10 of Schedule 1 to the London Local Authorities Act 1996 (invalid enforcement notice in respect of penalty charge related to bus lane)—

In section 83(1) of the Traffic Management Act 2004 (certificated bailiffs) as having effect until its repeal by the Tribunals, Courts and Enforcement Act 2007 for the words from “signed—” to the end substitute “signed by a judge of the county court.”

In section 27(12) of the Police and Justice Act 2006 (interpretation of section)—

The Policing and Crime Act 2009 is amended as follows. Omit section 48(1) (rules may make provision about exercise of county court jurisdiction). In paragraph 1(2) of Schedule 5 (meaning of “the court”)—

Any ancillary offence relating to an offence specified in this Part.

Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is amended as follows.

In a case where a request for a person’s extradition has been issued before the time when the amendments made by this Part of this Schedule come into force, those amendments apply to the extradition concerned only if— For that purpose—

Section 10 (general functions of the IPCC) is amended in accordance with this paragraph. In subsection (1)— In subsection (3), for paragraphs (ba) and (bb) substitute—. Omit subsection (9).

A staff transfer scheme is a scheme which provides— A staff transfer scheme may provide for a period before a person became employed in the civil service of the state under a staff transfer scheme to count as a period during which the person was employed in the civil service of the state (and for the operation of the scheme not to be treated as having interrupted the continuity of that period). A staff transfer scheme may provide for a person who would otherwise become employed in the civil service of the state under a staff transfer scheme not to become so employed if the person gives notice objecting to the operation of the scheme in relation to the person. A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated. A staff transfer scheme may provide for a person to become employed in the civil service of the state despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state. A staff transfer scheme may provide for a person’s secondment to SOCA or the NPIA to continue as a secondment of that person to the NCA. In the application of this paragraph to the transfer of a constable—

Section 1 (allocation of business between the High Court and county courts) is amended as follows. In subsection (1)(a) for “county courts have” substitute “the county court has”. In subsection (1)(b) and (c) for “county courts” substitute “the county court”. In subsection (1)(e) and (g) for “a” substitute “the”. Omit subsections (4) to (6) (jurisdiction of particular county courts). In subsections (7)(a)(ii) and (10) for “any county court” substitute “the county court”. In the title for “county courts” substitute “county court”.

In section 11 (bars to extradition)—

The powers conferred by section 177, 178 and 222 of the Extradition Act 2003 are exercisable in relation to any amendment of that Act made by this Part of this Schedule.

Section 11 (reports to the Secretary of State) is amended in accordance with this paragraph. In subsection (6)— In subsection (8), for “Serious Organised Crime Agency” substitute “National Crime Agency”. Omit subsection (9A). In subsection (10)—

A property transfer scheme is a scheme providing for the transfer to the NCA of designated property, rights or liabilities from— or for the transfer to the NCA or the Secretary of State of designated property, rights or liabilities from the NPIA. A property transfer scheme may— The things that may be transferred by a property transfer scheme include—

Section 11 (representation in certain county court cases) is amended as follows. For “a county court”, in each place, substitute “the county court”. In subsection (5) for “a court” substitute “the county court”. In subsection (6) for “any county court” substitute “the county court”.

After section 19A insert—

Section 15 (general duties) is amended in accordance with this section. In subsection (1A), for “Serious Organised Crime Agency” substitute “National Crime Agency”. Omit subsection (1B). In subsection (3)(c)— In subsections (4)(c) and (5)(c), for “Serious Organised Crime Agency” substitute “National Crime Agency”. In subsection (6)— In subsection (7), for “member of the staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”. In subsection (8), for “member of the staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”. Omit subsection (8A). In subsection (9)— In subsection (10), omit paragraph (b) (and the word “and” at the end of paragraph (a)).

A staff transfer scheme or a property transfer scheme may make— A staff transfer scheme may make provision which is the same or similar as provision made by the TUPE regulations (if those regulations do not apply to the transfer).

In section 15(3) (costs of previous steps to enforce a judgment or order) for “a county court” substitute “the county court”.

Section 16 (payment for assistance with investigations) is amended in accordance with this paragraph. In subsection (5)(a), for “Serious Organised Crime Agency” substitute “National Crime Agency”. In subsection (6), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

In paragraphs 2 to 4—

In section 71(3)(e) (meaning of “county court qualification”) for “county courts” substitute “the county court”.

Omit section 16A (investigations: NPIA involvement).

In section 17, omit subsection (6).

Omit sections 26A and 26B (agreements about complaints about the Serious Organised Crime Agency or the National Policing Improvement Agency).

In section 29 (interpretation of Part 2), in subsection (3), for paragraphs (b) and (c) substitute—.

Schedule 3 (handling of complaints and conduct matters etc) is amended in accordance with this paragraph. In paragraph 16(3), for paragraphs (b) and (c) substitute—. In paragraph 17(2), for paragraphs (b) and (c) substitute—.

The Secretary of State may make regulations requiring equipment used by the NCA to satisfy such requirements as to design and performance as may be prescribed by the regulations. The Secretary of State may, by regulations, make any of the following kinds of provision— Before making regulations under this section, the Secretary of State must consult— In this paragraph “equipment” includes—

An NCA secondee is to be treated, for the purposes of the provisions listed in sub-paragraph (2), as being employed by the NCA as respects any act done by the NCA in relation to that person. Those provisions are— For the purposes of the provisions listed in sub-paragraph (4)— Those provisions are— In this paragraph “NCA secondee” means any constable or other person who has been seconded to the NCA to serve as an NCA officer.

The Secretary of State must appoint an advisory panel (to enable recommendations to be made as to the operational powers which the Director General should have)— But that duty is subject to regulations under paragraph 5. An advisory panel is to consist of— The expert members of the advisory panel must— The panel’s chair must then— The report must not recommend that the Director General should have a particular operational power unless the panel’s chair has decided that the Director General has received adequate training in respect of that power. That process for producing a report is to be conducted in accordance with the terms of appointment of the advisory panel (which may include terms about the particular operational powers in respect of which the question of the adequacy of the Director General’s training is to be considered). A reference in this paragraph to the question of the adequacy of the Director General’s training is a reference to— In this paragraph—

A designation has effect without limitation of time, unless the designation specifies a period for which it is to have effect. But that is subject to any modification or withdrawal of the designation.

Any power or privilege of a constable is, when exercisable by the Director General or any other NCA officer, subject to any territorial restrictions on its exercise to which it is subject when exercisable by a constable.