UKPGA-2013-22 Crime and Courts Act 2013 UK

A National Crime Agency, consisting of the NCA officers, is to be formed.

The NCA is to be under the direction and control of one of the NCA officers, who is to be known as the Director General of the National Crime Agency.

The NCA is to have—

The NCA is to have the function (the “crime-reduction function”) of securing that efficient and effective activities to combat organised crime and serious crime are carried out (whether by the NCA, other law enforcement agencies, or other persons).

The NCA is to have the function (the “criminal intelligence function”) of gathering, storing, processing, analysing, and disseminating information that is relevant to any of the following—

The NCA must discharge the crime-reduction function in the following ways (in particular).

The first way is by the NCA itself—

The second way is by the NCA securing that activities to combat organised crime or serious crime are carried out by persons other than the NCA.

The third way is by the NCA securing improvements—

The crime-reduction function does not include—

In this Part, a reference to activities to combat crime (or a particular kind of crime, such as organised crime or serious crime) is a reference to—and references to the carrying out of activities to combat crime (or a particular kind of crime) are to be construed accordingly.

Schedule 1 (the NCA & NCA officers) has effect.

The Secretary of State may, by order, make—

If an order under this section confers an NCA counter-terrorism function, an NCA officer may only carry out activities in Northern Ireland for the purpose of the discharge of the function if the NCA officer does so with the agreement of the Chief Constable of the Police Service of Northern Ireland.

That includes cases where an order under this section confers an NCA counter-terrorism function by the modification of a function.

An order under this section may amend or otherwise modify this Act or any other enactment.

An order under this section is subject to the super-affirmative procedure (see section 58 and Schedule 23).

In this section “NCA counter-terrorism function” means an NCA function relating to terrorism (and for this purpose “terrorism” has the same meaning as in the Terrorism Act 2000 — see section 1 of that Act).

The Secretary of the State must determine strategic priorities for the NCA.

In determining strategic priorities for the NCA (including deciding whether there should be such priorities), the Secretary of State must consult—

The Director General has (by virtue of the function of direction and control of the NCA) the power to decide—

In exercising functions, the Director General must have regard to—

Before the beginning of each financial year, the Director General must issue a document (the “annual plan”) setting out how the Director General intends that NCA functions are to be exercised during that year (including how they are to be exercised in Scotland and Northern Ireland).

The annual plan for a financial year must include—

The Director General must determine operational priorities for the NCA; and those priorities may relate—but operational priorities must, in any event, be framed so as to be consistent with the current strategic priorities.

In preparing any annual plan, the Director General must consult—

The Director General is required by subsection (6)(a)—

Before issuing any annual plan, the Director General must obtain—

The Director General must arrange for each annual plan to be published in the manner which the Director General considers appropriate.

Schedule 2 (the framework document & annual report) has effect.

Any of the following persons may perform a task if the Director General requests the person to perform it—

A request under subsection (1)—

The Director General may perform a task if any of the following persons requests the Director General to perform it—

A request under subsection (3)—

The Director General may direct any of the following persons to perform a task specified in the direction—

The Director General may give a direction under subsection (5) only if the Director General considers that—

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

If a person is requested or directed under this section to perform a task, the person may comply with that request or direction by securing that the task is performed by another person.

The Director General may give a direction under this section to the Chief Constable of the British Transport Police only if the Secretary of State consents.

Schedule 3 (relationships between NCA and other agencies) has effect.

This section has effect subject to Part 5 (payment for tasks etc) of Schedule 3.

Paragraph 33 of Schedule 3 gives the Secretary of State power to amend this section.

The Director General must—

The framework document may impose on the Director General requirements in relation to performance of the duties imposed by subsection (1) (including requirements about what information is not to be published).

The Director General must comply with any such requirements in the framework document (and accordingly the duty in section 4(2)(c) to have regard to that document does not apply in relation to such requirements).

This section is subject to Schedule 7 (information: restrictions on disclosure).

A person may disclose information to the NCA if the disclosure is made for the purposes of the exercise of any NCA function.

Subsection (1) does not authorise any of the following to disclose information to the NCA—but this does not affect the disclosures which such a person may make to the NCA in accordance with intelligence service disclosure arrangements.

Information obtained by the NCA in connection with the exercise of any NCA functions may be used by the NCA in connection with the exercise of any other NCA function.

An NCA officer may disclose information obtained by the NCA in connection with the exercise of any NCA function if the disclosure is for any permitted purpose.

Subsection (4) authorises an NCA officer to disclose information for the purpose of the exercise of—only where the information has been obtained by the NCA in connection with the exercise of a function under PCA 2002 (other than a function under Part 6 of that Act).

Where information has been obtained by the NCA in connection with the exercise of a function under Part 6 of PCA 2002 (revenue functions), subsection (4) does not authorise an NCA officer to disclose the information.

But an NCA officer may disclose the information if the disclosure is—

A disclosure of information which is authorised or required by this Part does not breach—

This section is subject to Schedule 7 (information: restrictions on disclosure).

In this section—“GCHQ” has the same meaning as in the Intelligence Services Act 1994;“intelligence service disclosure arrangements” means—arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service, arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service, or arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ.

In section 11 of the Children Act 2004 (arrangements to safeguard and promote welfare of children: England), in subsection (1), after paragraph (i) insert—.

In section 28 of the Children Act 2004 (arrangements to safeguard and promote welfare of children: Wales), in subsection (1), after paragraph (e) insert—.

The Director General may provide assistance to—if the government, or the body, requests assistance to be provided.

If such a request is made, the Director General may provide such assistance as the Director General considers appropriate in all the circumstances.

Subsection (3) does not apply to any request for assistance which could be made under section 13 of the Crime (International Co-operation) Act 2003, unless the NCA has functions under that section in relation to the request by virtue of an order under section 27(2) of that Act.

Schedule 4 (NCA: general) has effect.

The Director General has, in relation to any customs matter, the same powers as the Commissioners for Her Majesty's Revenue and Customs would have.

The Secretary of State may designate the Director General as a person having one or more of the following—

The Secretary of State may modify or withdraw a designation of the Director General by giving notice of the modification or withdrawal to the Director General.

Schedule 5 (police, customs and immigration powers) has effect.

If, in accordance with paragraph 4 of Schedule 5, recommendations are made to the Secretary of State as to the operational powers which the Director General should have, the Secretary of State must exercise the powers of designation to give effect to those recommendations (unless the recommendations are already given effect to by a previous exercise of the powers of designation).

The Secretary of State may not exercise the powers of designation unless—

In this section “powers of designation” means the powers conferred by subsections (2) and (3).

In this Part—“customs matter” means any matter other than—a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 applies (former Inland Revenue matters), or any tax or duty not mentioned in Schedule 1 to that Act (which lists such matters);“operational power” means any of the following—a power or privilege of a constable; a power of an officer of Revenue and Customs; a power of a general customs official; a power of an immigration officer.

The Director General may designate any other NCA officer as a person having one or more of the following—

The Director General may not designate an NCA officer under this section as having particular operational powers unless the Director General is satisfied that the officer—

The Director General may modify or withdraw a designation of an NCA officer by giving notice of the modification or withdrawal to the officer.

For further provision about designations under this section, see Schedule 5.

Her Majesty's Inspectors of Constabulary (“HMIC”) must carry out inspections of the NCA.

HMIC must also carry out an inspection of the NCA if requested to do so by the Secretary of State either—

The Secretary of State must consult the Department of Justice in Northern Ireland before requesting HMIC to carry out an inspection in respect of a particular matter which relates only to the exercise of NCA functions in Northern Ireland.

The Department of Justice may request that HMIC carry out an inspection in respect of a particular matter that relates only to the exercise of NCA functions in Northern Ireland, but only with the consent of the Secretary of State.

Following an inspection under this section, HMIC must report to the Secretary of State on the efficiency and effectiveness of the NCA either—

HMIC must carry out such other duties for the purpose of furthering the efficiency and effectiveness of the NCA as the Secretary of State may from time to time direct.

Paragraphs 2 and 5 of Schedule 4A to the Police Act 1996 (inspection programmes and inspection frameworks) apply to functions of inspection and reporting under this section as they apply to other such functions.

In the Police Reform Act 2002, after section 26B insert—

In the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007, in article 4(4) (agreements to establish complaints procedures)—

In section 60ZA of the Police (Northern Ireland) Act 1998 (Serious Organised Crime Agency: complaints)—

Schedule 6 (inspections and complaints) has effect.

Schedule 7 (information: restrictions on disclosure) has effect.

Schedule 7 applies to disclosures made for the purposes of the criminal intelligence function.

Any duty to disclose information imposed on an NCA officer (including the duty of the Director General under paragraph 4 or 6 of Schedule 3 to disclose information by keeping other persons informed of information obtained by the NCA), and any power of an NCA officer to disclose information, has effect subject to Schedule 7.

Subsections (2) and (3) do not limit Schedule 7.

A person must not induce the Director General or any NCA officer designated under section 10 to withhold (or to continue to withhold) services as an NCA officer.

The duty imposed by subsection (1) is a duty owed to the Secretary of State.

A breach of that duty which causes the Secretary of State to sustain loss or damage is to be actionable, at the Secretary of State's suit or instance, against the person in breach.

Subsection (3) is without prejudice to the right of the Secretary of State, by virtue of subsections (1) and (2), to bring civil proceedings in respect of any apprehended contravention of subsection (1).

The no-strike provisions must be disregarded in determining for the purposes of any of the relevant employment legislation whether any trade union is an independent trade union.

Nothing in the relevant employment legislation is to affect the rights of the Secretary of State by virtue of the no-strike provisions.

The Secretary of State may, by order, suspend, or later revive, the operation of the no-strike provisions.

In this section—“no-strike provisions” means subsections (1) to (3) of this section;“relevant employment legislation” means—the Trade Union and Labour Relations (Consolidation) Act 1992; the Employment Rights Act 1996; the Trade Union and Labour Relations (Northern Ireland) Order 1995; the Employment Rights (Northern Ireland) Order 1996.

The Secretary of State may, by regulations, provide for the establishment, maintenance and operation of procedures for the determination from time to time of—

Regulations under this section may—

In this section “associated terms and conditions” means such terms and conditions as may appear to the Secretary of State to fall to be determined in association with the determination of rates of pay and allowances.

The Serious Organised Crime Agency is abolished.

The National Policing Improvement Agency is abolished.

Schedule 8 (abolition of SOCA and NPIA) has effect.

In this Part—“chief officer” means—the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London); the Commissioner of Police of the Metropolis; the Commissioner of Police for the City of London; the chief constable of the Police Service of Scotland; the Chief Constable of the Police Service of Northern Ireland; the chief constable of the British Transport Police; the chief constable of the Civil Nuclear Constabulary; the chief constable of the Ministry of Defence Police;“customs revenue official” has the same meaning as in the Borders, Citizenship and Immigration Act 2009 (see section 11 of that Act);“Director General” means the Director General of the National Crime Agency;“Director of Border Revenue” means the person designated under section 6 of the Borders, Citizenship and Immigration Act 2009;“enactment” means any enactment, whenever passed or made, contained in—an Act of Parliament; an Act of the Scottish Parliament; Northern Ireland legislation; a Measure or Act of the National Assembly for Wales; an instrument made under any such Act, legislation or Measure; any other subordinate legislation (within the meaning of the Interpretation Act 1978);“England and Wales police force” means—a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London); the metropolitan police force; the City of London police force;“functions” means all functions of any description, including powers and duties, whether conferred by an enactment or arising otherwise;“general customs official” has the same meaning as in Borders, Citizenship and Immigration Act 2009 (see section 3 of that Act);“Island law enforcement agency” means any person charged with the duty of investigating or prosecuting offences who operates in any of the Channel Islands or in the Isle of Man (apart from an Island police force);“Island police force” means—the States of Jersey Police Force; the salaried police force of the Island of Guernsey; the Isle of Man Constabulary;“local policing body” means—a police and crime commissioner; the Mayor's Office for Policing and Crime; the Common Council of the City of London as police authority for the City of London police area;“NCA” means the National Crime Agency;“NCA functions” means—functions of the NCA, functions of the Director General, and functions of other NCA officers;“NCA officers” means—the Director General, the other National Crime Agency officers appointed under paragraph 9 of Schedule 1, persons who have been seconded to the NCA to serve as National Crime Agency officers under paragraph 13 of Schedule 1 (unless the context otherwise requires), and NCA specials;“permitted purpose” means any of the following purposes—the prevention or detection of crime, whether in the United Kingdom or elsewhere; the investigation or prosecution of offences, whether in the United Kingdom or elsewhere; the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or the law of any country or territory outside the United Kingdom; the exercise of any NCA functions (so far as not falling within any of paragraphs (a) to (c)); purposes relating to civil proceedings (whether or not in the United Kingdom) which relate to a matter in respect of which the NCA has functions; compliance with an order of a court or tribunal (whether or not in the United Kingdom); the exercise of any function relating to the provision or operation of the system of accreditation of financial investigators under section 3 of the Proceeds of Crime Act 2002; the exercise of any function of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002; the exercise of any function of—the Director of Public Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland, or the Scottish Ministers, under, or in relation, to Part 5 or 8 of the Proceeds of Crime Act 2002; the exercise of any function of—an officer of Revenue and Customs, a general customs official, a customs revenue official, an immigration officer, an accredited financial investigator, or a constable, under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002; investigations or proceedings outside the United Kingdom which have led, or may lead, to the making of an external order (within the meaning of section 447 of the Proceeds of Crime Act 2002); the exercise of any function of any intelligence service (within the meaning of the Regulation of Investigatory Powers Act 2000); the exercise of any function under—Part 2 of the Football Spectators Act 1989, or sections 104 to 106 of the Policing and Crime Act 2009; the exercise of any function relating to public health; the exercise of any function of the Financial Services Authority; the exercise of any function of OFCOM (the Office of Communications) under the Online Safety Act 2023; the exercise of any function designated by the Secretary of State by order; but a function may be designated under paragraph (p) only if the function appears to the Secretary of State to be a function of a public nature;“policing body” means—a police and crime commissioner; the Mayor's Office for Policing and Crime; the Common Council of the City of London as police authority for the City of London police area; the Scottish Police Authority; the Northern Ireland Policing Board; the British Transport Police Authority; the Civil Nuclear Police Authority; the Secretary of State, in relation to the Ministry of Defence Police;“special police force” means—the British Transport Police; the Civil Nuclear Constabulary; the Ministry of Defence Police;“strategic partners” means—the Scottish Ministers; the Department of Justice in Northern Ireland; such persons as appear to the Secretary of State to represent the views of local policing bodies; such persons as appear to the Secretary of State to represent the views of the chief officers of England and Wales police forces; the chief constable of the Police Service of Scotland; the Chief Constable of the Police Service of Northern Ireland; the Commissioners for Her Majesty's Revenue and Customs; the Director of the Serious Fraud Office;“UK law enforcement agency” means—the Commissioners for Her Majesty's Revenue and Customs; the Director of the Serious Fraud Office; the Director of Border Revenue; the Scottish Administration; a Northern Ireland department; any other person operating in England, Scotland, Northern Ireland or Wales charged with the duty of investigating or prosecuting offences (apart from a UK police force);“UK police force” means—an England and Wales police force; the Police Service of Scotland; the Police Service of Northern Ireland; a special police force.

In this Part—

In any enactment—

Definitions of the following terms used in this Part, or other provision relating to the meanings of such terms, are contained in the provisions (outside this section) which are indicated.

In Part 1 of the County Courts Act 1984 at the beginning insert—

Sections 1 and 2 of that Act (county courts to be held for districts) are repealed.

In the Matrimonial and Family Proceedings Act 1984 before Part 5 insert—

Part 2 of the Children, Schools and Families Act 2010 (family proceedings) is repealed, as are the following related provisions of that Act: Part 2 of each of Schedules 3 and 4; section 29(4); and “, (4)” in section 29(6).

Schedule 9 (amendments in connection with the county court replacing the existing county courts) has effect.

Schedules 10 and 11 (amendments in connection with the establishment of the family court) have effect.

Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence) is amended as follows.

In section 49(1) (interpretation of Part 4) for the definition of “court” substitute—.

In section 43(7) (judge before whom person arrested on suspicion of breaching injunction under Part 4 is to be brought) for the words from “means” to the end substitute

In section 48 (rules of court in relation to injunctions under Part 4) after subsection (3) insert—

Schedule 12 (which makes consequential and related amendments in the Policing and Crime Act 2009) has effect.

Nothing in any provision of this section or of that Schedule affects proceedings in relation to applications made before the coming into force of that provision.

Section 102 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (where child remanded to youth detention accommodation, court must designate local authority to look after child and meet costs) is amended as follows.

In subsection (7)(a) (authority that already looks after child to be designated) after “being looked after by a local authority” insert “ otherwise than by virtue of section 104(1) ”.

In subsection (7)(b) (in other cases, court must designate authority for area where child habitually resides or offence committed) for “, the local authority” substitute “ but subject to subsection (7B), a local authority ”.

After subsection (7) insert—

After subsection (7B) insert—

A replacement designation under the new section 102(7C) may be made in respect of a remand ordered before this section comes into force, and the amendments made by this section have effect for the purpose of making a replacement designation in any such case; but, in such a case, the substitution of B for the previously-designated authority (and any entitlement to repayment under new section 102(7H)) does not have effect as respects any time before this section comes into force.

Except as provided by subsection (6), the amendments made by this section have effect only in relation to remands ordered after this section comes into force.

The Lord Chief Justice's deployment responsibility includes (so far as it would not otherwise do so, and subject to having regard to the responsibilities of the Senior President of Tribunals) responsibility for the maintenance of appropriate arrangements for—

In subsection (1) “the Lord Chief Justice's deployment responsibility” means the responsibility that the Lord Chief Justice of England and Wales, as President of the Courts of England and Wales, has under section 7(2)(c) of the Constitutional Reform Act 2005 for the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales.

Each of the following is a tribunal for the purposes of subsection (1)(a)—the Upper Tribunal, the First-tier Tribunal, the Employment Appeal Tribunal, and an employment tribunal in England and Wales.

Schedule 14 (which makes provision for deployment of judiciary to courts and tribunals, and updates references to chairmen of employment tribunals following their being renamed as Employment Judges) has effect.

In section 31A of the Senior Courts Act 1981 (transfer from the High Court to the Upper Tribunal)—

In section 20 of the Tribunals, Courts and Enforcement Act 2007 (transfer from the Court of Session to the Upper Tribunal)—

In section 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the High Court to the Upper Tribunal)—

In consequence of the amendments made by subsections (1) to (3), section 53 of the Borders, Citizenship and Immigration Act 2009 is repealed.

Section 44 of the Senior Courts Act 1981 (extraordinary functions of High Court judges) ceases to have the effect of conferring jurisdiction on judges of the High Court sitting as Visitors to the Inns of Court.

The General Council of the Bar, an Inn of Court, or two or more Inns of Court acting collectively in any manner, may confer a right of appeal to the High Court in respect of a matter relating to—

An Inn of Court may confer a right of appeal to the High Court in respect of—and in this subsection any reference to a member of an Inn includes a reference to a person wishing to become a member of that Inn.

A decision of the High Court on an appeal under this section is final.

Subsection (4) does not apply to a decision disbarring a person.

The High Court may make such order as it thinks fit on an appeal under this section.

A right conferred under subsection (2) or (3) may be removed by the person who conferred it; and a right conferred under subsection (2) by two or more Inns of Court acting collectively may, so far as relating to any one of the Inns concerned, be removed by that Inn.

Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for taking control of goods) is amended as follows.

In paragraph 17 (enforcement agent may use reasonable force to enter etc where paragraph 18 or 19 applies) for “or 19” substitute “ , 18A, 19 or 19A ”.

After paragraph 18 insert—

After paragraph 19 insert—

In paragraphs 24(2) and 31(5) (no power to use force against persons except to extent provided in regulations) omit “, except to the extent that regulations provide that it does”.

Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold after a sale).

Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of in accordance with notice of disposal).

In consequence of the repeals in subsection (5), in section 90 of the Tribunals, Courts and Enforcement Act 2007 (regulations under Part 3)—

In Schedule 13 to that Act (taking control of goods: amendments)—

In the Magistrates' Courts Act 1980 after section 75 insert—

In the Courts Act 2003 after section 36 (a fines officer is a civil servant, or person provided under a contract, who is so designated by the Lord Chancellor) insert—

In Schedule 5 to that Act (collection of fines and other sums) in paragraph 13(1) (contents of collection orders) after paragraph (c) insert—.

In section 85 of the Magistrates' Courts Act 1980 (power to remit fines) after subsection (4) (power does not extend to other sums) insert—

In section 139(c) of that Act (disposal of balance of receipts on account of sum adjudged to be paid) after “balance” insert “ in accordance with any directions under section 139A and, subject to that, in payment ”.

In that Act after section 139 insert—

In section 24(2) of the Criminal Justice Act 1991 (regulations about applications by courts for benefit deductions) after paragraph (b) insert—.

In section 56(3) of the Education and Skills Act 2008 (normal enforcement provisions do not apply to a non-participation fine once offender reaches 18) after “to be concluded” insert “or to preserve existing increases under section 75A of the Magistrates' Courts Act 1980 (collection costs) or paragraph 42A of Schedule 5 to the Courts Act 2003”.

Schedule 5 to the Courts Act 2003 (collection of fines and other sums) is amended as follows.

Paragraphs 9A to 10 (disclosure of information by Secretary of State to court officer to help court decide whether to apply for benefit deductions etc) become Part 3A of the Schedule.

Accordingly, after paragraph 9 insert— “ PART 3A DISCLOSURE OF INFORMATION, AND MEANING OF “RELEVANT BENEFIT” ETC ”.

In the heading before paragraph 9A, after “Disclosure of information in connection with” insert “ making of attachment of earnings order or ”.

For paragraph 9A (power of Secretary of State to disclose information to help court decide whether to apply for benefit deductions) substitute—

In paragraph 9B(1) (limits on onward disclosure)—

In paragraph 9B(2)(b) (use of information otherwise than in connection with decision mentioned in sub-paragraph (1)) for “as is mentioned in that sub-paragraph” substitute “ , order or application as is mentioned in paragraph 9A(1B) ”.

In paragraph 9B(3) (disclosures that are not unlawful)—

In paragraph 9B(5) (offence of wrongful use or disclosure of disclosed information punishable on summary conviction by a fine not exceeding level 4) for the words from “liable” to the end substitute

In paragraph 9B after sub-paragraph (5) insert—

Omit paragraph 9C(2) and (4) (meaning of “benefit status” and “prescribed”).

In paragraph 9C (interpretation etc of paragraphs 9A and 9B)—

Paragraphs 9A, 9C and 10, as amended by the preceding provisions of this section, extend to Scotland and Northern Ireland (as well as to England and Wales).

Accordingly, in section 111(1) of the Courts Act 2003 (subject to subsections (2) and (3), Act extends to England and Wales only) after “(3)” insert “ and to section 27(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C and 10 of Schedule 5) ”.

The Secretary of State or a Northern Ireland Department, or a person providing services to the Secretary of State or a Northern Ireland Department, may disclose social security information to a relevant person who wants social security information in connection with deciding a fee-remission application.

Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose tax credit information or finances information to a relevant person who wants tax credit information or finances information in connection with deciding a fee-remission application.

Information disclosed to a relevant person under subsection (1) or (2)—

Subsection (3) does not prohibit—

It is an offence for a person to disclose or use information in contravention of subsection (3).

It is a defence for a person charged with an offence under subsection (5) to prove that the person reasonably believed that the disclosure or use concerned was lawful.

A person guilty of an offence under subsection (5) is liable—

In the application of this section in England and Wales, the reference in subsection (7)(b)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).

Subsection (7)(b) applies—as if the reference to 12 months were a reference to 6 months.

A prosecution for an offence under subsection (5)—

In this section—“fee-remission application” means an application for any relief available to recipients of a social security benefit, or tax credit, from fees under any of—section 92 of the Courts Act 2003 (court fees), section 52 of the Constitutional Reform Act 2005 (Supreme Court fees), section 54 of the Mental Capacity Act 2005 (Court of Protection fees), section 58 of that Act (Public Guardian fees), section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal fees), paragraph 9 of Schedule 12 to the Commonhold and Leasehold Reform Act 2002 (leasehold valuation tribunal fees), paragraph 11 of Schedule 13 to the Housing Act 2004 (residential property tribunal fees), and section 7 of the Gender Recognition Act 2004 (Gender Recognition Panel fees);“finances information” means information which—is about a person's income, gains or capital, and is held—by Her Majesty's Revenue and Customs, or by a person providing services to the Commissioners for Her Majesty's Revenue and Customs, in connection with the provision of those services;“relevant person” means—the Lord Chancellor, the Secretary of State, a person providing services to the Lord Chancellor or to the Secretary of State, any of the officers or staff of the Supreme Court, or any of the officers or staff of, or a person providing services to, the Public Guardian appointed for the purposes of the Mental Capacity Act 2005;“social security information” means information which is held for the purposes of functions relating to social security—by the Secretary of State or a Northern Ireland Department, or by a person providing services to the Secretary of State or a Northern Ireland Department, in connection with the provision of those services, or information which is held with information so held;“tax credit information” means information as to whether a person has been awarded child tax credit or working tax credit which is held—by Her Majesty's Revenue and Customs, or by a person providing services to the Commissioners for Her Majesty's Revenue and Customs, in connection with the provision of those services.

For section 48(2) of the Constitutional Reform Act 2005 (chief executive of the Supreme Court to be appointed by Lord Chancellor after consulting President of the Court) substitute—

Section 49 of that Act (officers and staff of the Supreme Court) is amended as follows.

In subsection (2) (number of officers and staff, and their terms, are for the chief executive but subject to the provision in subsection (3) about application of civil service pension arrangements)—

After subsection (2) insert—

In subsection (3) (civil service pension arrangements apply to chief executive, officers and staff) for “The” at the beginning substitute “ Accordingly, the ”.

In Part 3 of the Constitutional Reform Act 2005 (the Supreme Court) after section 51 insert—

In section 48(3)(a) of the Constitutional Reform Act 2005 (delegation of President's functions to chief executive) after “under section 49(1)” insert “ or 51A(1)(a) or (b) ”.

Section 9 of the Contempt of Court Act 1981 (recording of court proceedings) is amended as follows.

After subsection (1) insert—

In subsection (2) (leave under subsection (1)(a): grant, refusal, conditions, withdrawal and amendment)—

In subsection (1) (activities which are contempt of court) after paragraph (c) insert—

The Lord Chancellor may, by order made with the concurrence of the Lord Chief Justice, provide that a section mentioned in subsection (2) or any provision of either of those sections—

Those sections are—

In the case of any particular proceedings of a court or tribunal, the court or tribunal may in the interests of justice or in order that a person is not unduly prejudiced—

No appeal may be made against—

In this section—“recording” means a visual or sound recording on any medium, including (in particular)—films and other video-recordings, with or without sound, other photographs, and sketches and portraits;“prescribed” means prescribed by an order under subsection (1).

The preceding provisions of this section do not apply in relation to Supreme Court proceedings.

In section 41 of the Criminal Justice Act 1925 after subsection (1) insert—

In section 9 of the Contempt of Court Act 1981 after subsection (4) insert—

Scandalising the judiciary (also referred to as scandalising the court or scandalising judges) is abolished as a form of contempt of court under the common law of England and Wales.

That abolition does not prevent proceedings for contempt of court being brought against a person for conduct that immediately before that abolition would have constituted both scandalising the judiciary and some other form of contempt of court.

This section applies where—

Exemplary damages may not be awarded against the defendant in respect of the claim if the defendant was a member of an approved regulator at the material time.

But the court may disregard subsection (2) if—

Where the court is not prevented from making an award of exemplary damages by subsection (2) (whether because that subsection does not apply or the court is permitted to disregard that subsection as a result of subsection (3)), the court—

Exemplary damages may be awarded under this section only if they are claimed.

Exemplary damages may be awarded under this section only if the court is satisfied that—

Exemplary damages may be awarded under this section whether or not another remedy is granted.

The decision on the question of—must not be left to a jury.

This section applies where the court is deciding whether the circumstances of the case make it appropriate for exemplary damages to be awarded under section 34.

The court must have regard to the principle that exemplary damages must not usually be awarded if, at any time before the decision comes to be made, the defendant has been convicted of an offence involving the conduct complained of.

The court must take account of the following—

The reference in subsection (3)(c) to “internal compliance procedures” being in place is a reference to any procedures put in place by the defendant for the purpose of ensuring that—

The court may regard deterring the defendant and others from similar conduct as an object of punishment.

This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.

This section applies where the court decides to award exemplary damages under section 34.

The court must have regard to these principles in determining the amount of exemplary damages—

The court must take account of these matters in determining the amount of exemplary damages—

The court may regard deterring the defendant and others from similar conduct as an object of punishment.

This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.

This section applies where a relevant publisher—

In deciding whether to award exemplary damages under section 34 or the amount of such damages to award (whether to one or more of the persons affected), the court must take account of any settlement or compromise by any persons of a claim in respect of the conduct.

But the court may take account of any such settlement or compromise only if the defendant agrees.

If the court awards exemplary damages under section 34 to two or more of the persons affected, the total amount awarded must be such that it does not punish the defendant excessively.

If the court awards exemplary damages under section 34 to one or more of the persons affected, no later claim may be made for exemplary damages as regards the conduct.

Any liability of two or more persons for exemplary damages awarded under section 34 is several (and not joint or joint and several).

Subsection (1) has effect subject to the law relating to the liability of a partner for the conduct of another partner.

Where the liability of two or more persons for exemplary damages is several, no contribution in respect of the damages may be recovered by any of them under section 1 of the Civil Liability (Contribution) Act 1978.

This section applies where—

Aggravated damages may be awarded against the defendant only to compensate for mental distress and not for purposes of punishment.

In this section, “aggravated damages” means damages that were commonly called aggravated before the passing of this Act and which—

Nothing in this section is to be read as implying that, in cases where this section does not apply, aggravated damages may be awarded for purposes of punishment.

In sections 34 to 39, “relevant publisher” means a person who, in the course of a business (whether or not carried on with a view to profit), publishes news-related material—This is subject to subsections (5) and (6).

News-related material is “subject to editorial control” if there is a person (whether or not the publisher of the material) who has editorial or equivalent responsibility for—

A person who is the operator of a website is not to be taken as having editorial or equivalent responsibility for the decision to publish any material on the site, or for content of the material, if the person did not post the material on the site.

The fact that the operator of the website may moderate statements posted on it by others does not matter for the purposes of subsection (3).

A person is not a “relevant publisher” if the person is specified by name in Schedule 15.

A person is not a “relevant publisher” in so far as the person's publication of news-related material is in a capacity or case of a description specified in Schedule 15.

But a person who is not a “relevant publisher” as a result of paragraph 8 of that Schedule (micro-businesses) is nevertheless to be regarded as such if the person was a member of an approved regulator at the material time.

This section applies for the purposes of sections 34 to 41.

“Approved regulator” means a body recognised as a regulator of relevant publishers.

For the purposes of subsection (2), a body is “recognised” as a regulator of relevant publishers if it is so recognised by any body established by Royal Charter (whether established before or after the coming into force of this section) with the purpose of carrying on activities relating to the recognition of independent regulators of relevant publishers.

“Relevant claim” means a civil claim made in respect of any of the following—

For the purposes of subsection (4)—

In subsection (5)(a), “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).

The “material time”, in relation to a relevant claim, is the time of the events giving rise to the claim.

“News-related material” means—

A relevant claim is related to the publication of news-related material if the claim results from—

A reference to the “publication” of material is a reference to publication—and references to a person who “publishes” material are to be read accordingly.

A reference to “conduct” includes a reference to omissions; and a reference to a person's conduct includes a reference to a person's conduct after the events giving rise to the claim concerned.

Section 76 of the Criminal Justice and Immigration Act 2008 (use of reasonable force for purposes of self-defence etc) is amended as follows.

Before subsection (6) (force not regarded as reasonable if it was disproportionate) insert—

In subsection (6) at the beginning insert “ In a case other than a householder case, ”.

After subsection (8) insert—

In subsection (9) (section intended to be clarificatory) after “This section” insert “ , except so far as making different provision for householder cases, ”.

An amendment made by this section does not apply in respect of force used before the amendment comes into force.

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

After section 282 insert—

After Schedule 7 insert—

Omit section 286 (scope of powers: Scotland).

In section 316 (general interpretation), after subsection (8A) insert—

In Schedule 18 to this Act (proceeds of crime: civil recovery of the proceeds etc of unlawful conduct)—

The amendments made by this section and Part 2 of Schedule 18 are deemed always to have had effect.

The amendments made by this section and Schedule 18 do not affect the extent to which provisions of the Proceeds of Crime Act 2002 (other than Chapter 2 of Part 5), or of any other enactment, apply in respect of persons or property outside the United Kingdom or outside a particular part of the United Kingdom.

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In section 99 of that Act (pending appeals lapse on issue of certificates)—

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Section 97A of the Nationality, Immigration and Asylum Act 2002 (deportation on national security grounds: appeal rights) is amended as follows.

After subsection (1) insert—

For subsection (2)(c) substitute—

After subsection (2) insert—

In subsection (3) (appeal against certificate under subsection (2)(c)(iii)) for “(2)(c)(iii)” substitute “ (2D) ”.

In the Police Act 1997, in section 93 (authorisations to interfere with property etc: authorising officers), in subsection (5), after paragraph (h) insert—.

In the Regulation of Investigatory Powers Act 2000, in section 32(6) (authorisation of intrusive surveillance: senior authorising officers), after paragraph (m) insert—.

The Proceeds of Crime Act 2002 is amended in accordance with subsections (4) and (5).

In the 2002 Act—

In section 378 of the 2002 Act (appropriate officers and senior appropriate officers for the purposes of investigations under Part 8 of that Act)—

In the UK Borders Act 2007, in section 24 (seizure of cash by immigration officers under Proceeds of Crime Act 2002)—

Sections 136 to 139 of the Criminal Justice and Public Order Act 1994 (execution of warrants and powers of arrest and search) apply to an immigration officer as they apply to a constable (but subject to subsection (8) below and paragraphs 41 to 43 of Schedule 21).

An immigration officer may exercise a power under sections 136 to 139 of the 1994 Act only—

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In the Criminal Procedure (Scotland) Act 1995, in section 307 (interpretation)—

Schedule 21 (powers of immigration officers: further provision) has effect.

After section 5 of the Road Traffic Act 1988 (“the 1988 Act”) insert—

In section 11 of the 1988 Act (interpretation of sections 3A to 10), in subsection (2)—

In section 195 of the 1988 Act (provisions as to regulations), in subsection (3), and in subsections (4) and (4A) (regulations subject to affirmative resolution procedure), before “8(3)” insert “ 5A, ”.

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), after the entry beginning “RTA section 5(1)(b)” insert—.

In the entry inserted by subsection (4) beginning “RTA section 5A(1)(a) and (2)”, in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction in England and Wales) is to be read as a reference to 6 months.

In the entry inserted by subsection (4) beginning “RTA section 5A(1)(b) and (2)”, in relation to an offence committed before the commencement of section 280(2) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction in England and Wales) is to be read as a reference to 3 months.

Schedule 22 (drugs and driving: minor and consequential amendments) has effect.

The Public Order Act 1986 is amended as follows.

In section 5(1) (harassment, alarm or distress) for “, abusive or insulting” in the two places where it occurs substitute “ or abusive ”.

In section 6(4) (mental element: miscellaneous) for “, abusive or insulting” in the two places where it occurs substitute “ or abusive ”.

Orders and regulations made by the Secretary of State or Lord Chancellor under this Act are to be made by statutory instrument.

An order made by the Secretary of State under section 2 is subject to super-affirmative procedure.

Schedule 23 (super-affirmative procedure) has effect.

The Secretary of State or Lord Chancellor may not make a statutory instrument containing any of the following (whether or not also containing other provisions) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

A statutory instrument made by the Secretary of State or Lord Chancellor containing any of the following is subject to annulment in pursuance of a resolution of either House of Parliament—

Subsection (5) does not apply to a statutory instrument that is subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament.

Any provision that may be made by the Secretary of State by order under this Act may be made by the Secretary of State by regulations (and where, in reliance on this subsection, provision is made by regulations instead of by order, this Act applies in relation to the regulations as it would otherwise apply in relation to the order).

Any provision that may be made by the Secretary of State by regulations under this Act may be made by the Secretary of State by order (and where, in reliance on this subsection, provision is made by order instead of by regulations, this Act applies in relation to the order as it would otherwise apply in relation to the regulations).

An order made by the Scottish Ministers under paragraph 27 or 28 of Schedule 5 is subject to the negative procedure unless it amends or repeals any provision of primary legislation, in which case it is subject to the affirmative procedure.

An order made by the Department of Justice in Northern Ireland under paragraph 27 or 28 of Schedule 5 is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

A statutory rule containing such an order is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954) unless it amends or repeals any provision of primary legislation, in which case it may not be made unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

An order or regulations made under this Act by the Secretary of State, the Lord Chancellor, the Scottish Ministers or the Department of Justice in Northern Ireland may—

In this section—“primary legislation” means—an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, or Northern Ireland legislation;“super-affirmative procedure” means the procedure provided for by Schedule 23.

The Secretary of State or Lord Chancellor may by order make such provision as the Secretary of State or Lord Chancellor (as the case may be) considers appropriate in consequence of this Act.

The power to make an order under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment.

In this section “enactment” means an enactment whenever passed or made, and includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation.

This Act may be cited as the Crime and Courts Act 2013.

Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes and, in the case of Part 4 of Schedule 16 and section 44 so far as relating to that Part of that Schedule, for different areas.

Sections 17, 20 to 30 and 32 and Schedules 9 to 11, 13 and 14 come into force on such day as the Lord Chancellor may by order appoint; and different days may be appointed for different purposes.

Subsection (3) does not apply to—

Section 19 comes into force on the day after the day on which this Act is passed.

Sections 26(2), 31 and 33 come into force at the end of the period of two months beginning with the day on which this Act is passed.

Sections 34 to 39 come into force at the end of the period of one year beginning with the day on which a body is established by Royal Charter with the purpose of carrying on activities relating to the recognition of independent regulators of relevant publishers (as defined by section 41).

An order which brings the monitoring provisions into force only in relation to a specified area may provide that they are to be in force in relation to that area for a specified period; and in this subsection and subsection (9) “the monitoring provisions” means Part 4 of Schedule 16, and section 44 so far as relating to that Part of that Schedule.

An order containing the provision permitted by subsection (8) may be amended by a subsequent order under subsection (2) so as to continue the monitoring provisions in force in relation to the area concerned for a further period.

An order which includes provision for the commencement of section 49 or Schedule 19 may not be made unless the Secretary of State has consulted the Scottish Ministers.

The following come into force on the day on which this Act is passed—

Subject as follows, this Act extends to England and Wales, Scotland and Northern Ireland.

The following extend to England and Wales only—

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Except as provided by subsections (13) ..., an amendment, repeal or revocation has the same extent as the provision amended, repealed or revoked (ignoring extent by virtue of an Order in Council).

Subsection (15) applies to section 43 only so far as the provisions amended extend to England and Wales or apply in relation to service offences.

Subsection (15) does not apply to amendments made by section 27(13) and (14) or to the amendments made by this Act in the Government Annuities Act 1929 or the Friendly Societies Act 1974 (which amendments, accordingly, extend to England and Wales, Scotland and Northern Ireland only).

This section is subject to Schedule 24 (the NCA: Northern Ireland).

This section is subject to Schedule 25 (proceeds of crime provisions: Northern Ireland).

Her Majesty may by Order in Council provide for any provision of section 51, 52, 53 or 54 to extend, with or without modifications, to—

Her Majesty may by Order in Council provide for provisions of Part 8 of Schedule 16 (amendments of Armed Forces Act 2006) to extend, with or without modifications, to—

The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.

The power conferred by section 52(2) of the Civil Jurisdiction and Judgments Act 1982 (power to extend to Channel Islands, Isle of Man and British overseas territories) is exercisable in relation to any amendment of that Act that is made by or under this Act.

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.

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.

For the purposes of the discharge of NCA functions which relate to organised crime or serious crime, an NCA officer may, in particular, carry on activities in relation to any kind of crime (whether or not serious or organised).

In circumstances in which an NCA officer reasonably suspects that an offence is about to be, or is being, committed, that officer is not prevented from exercising powers merely because the offence does not relate to organised crime or serious crime.

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.

An NCA officer may only carry out relevant investigatory activity in Northern Ireland if one or both of the following conditions is met—

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 (1)(a) (whether in all cases or in cases specified in the arrangements).

In this paragraph “relevant investigatory activity” means any activity which is authorised by ...—

For the purpose of sub-paragraph (1), a relevant investigatory activity falling within sub-paragraph (3)(za) is to be regarded as carried out in Northern Ireland if (and to the extent that)—

Sub-paragraph (6) applies where—

The NCA officer is not to be regarded as in breach of sub-paragraph (1) if the interference continues after the NCA officer becomes aware that the equipment is in Northern Ireland, provided that the officer informs the Chief Constable of the Police Service of Northern Ireland about the interference as soon as reasonably practicable.

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 Secretary of State may call upon the Director General to resign or retire—

The Secretary of State must comply with sub-paragraphs (3) and (4) before calling upon the Director General to resign or retire.

The Secretary of State must consult—

The Secretary of State must—

The Director General must resign or retire if called upon to do so in accordance with this paragraph.

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.

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.

Anything done by or in relation to the Director General may be continued by or in relation to the Director General regardless of which individual holds that office at any time.

Anything done by or in relation to one NCA officer (except the Director General) may be continued by or in relation to any other such NCA officer.

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 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 Director General may make arrangements for NCA officers to be seconded to a UK police force.

An NCA officer who is seconded to a UK police force is, whilst on secondment, under the direction and control of the chief officer of the police force (but is not a member of the police force).

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.

The framework document is a document which deals with ways in which the NCA is to operate, including—

Section 6(2) makes further provision about what may be included in the framework document.

The Secretary of State must—

The Director General's duty to have regard to the annual plan in exercising functions does not apply in relation to functions under sub-paragraph (1).

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.

As soon as possible after the end of each financial year, the Director General must issue a report on the exercise of the NCA functions during that year (the “annual report”).

The annual report relating to a financial year must include an assessment of the extent to which the annual plan for that year has been carried out.

The Director General must—

The Secretary of State must lay a copy of the annual report before Parliament.

The Scottish Ministers must lay a copy of the annual report before the Scottish Parliament.

The Department of Justice in Northern Ireland must lay a copy of the annual report 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.

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 chief officers of each UK police force must keep the Director General informed of any information held by that police force which appears to the chief officer to be relevant to the exercise by the NCA of—

Where the chief officer of such a police force informs the Director General of such information, the chief officer must disclose to the NCA any of that information which the Director General requests the chief officer to disclose.

This paragraph does not require the chief officer of a police force to keep the Director General informed of information which appears to the chief officer to be information obtained (whether directly or indirectly) from the NCA.

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.

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 Director General must keep each specified body 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 specified body of any relevant function for the purposes of carrying out activities to combat crime.

This paragraph does not require the Director General to keep a specified body informed of information which appears to the Director General to be information obtained (whether directly or indirectly) from that body.

The Director General may provide assistance to—if the chief officer of the police force requests assistance to be provided.

The Director General may provide assistance to—if the agency requests assistance to be provided.

A request may be made under this paragraph only if the chief officer, or agency, considers that the police force, or agency, has a special need for the Director General to provide assistance.

A request under this paragraph must—

If a request is made under this paragraph, the Director General may provide such assistance as the Director General considers appropriate in all the circumstances.

The chief officer of a UK police force may provide assistance to the NCA if the Director General requests assistance to be provided.

A UK law enforcement agency may provide assistance to the NCA if the Director General requests assistance to be provided.

A request may be made under this paragraph only if the Director General considers that the NCA has a special need for the chief officer, or agency, to provide assistance.

A request under this paragraph must—

If a request is made under this paragraph, a chief officer, or law enforcement agency, may provide such assistance as the chief officer, or agency, considers appropriate in all the circumstances.

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 Director General may direct any of the following to provide specified assistance to the NCA—

A direction may be given under this paragraph only if—

For that purpose “appropriate consent” means—

The Scottish Ministers may direct the Director General to provide specified assistance to the Police Service of Scotland.

A direction may be given under this paragraph only if—

The Department of Justice in Northern Ireland may direct the Director General to provide specified assistance to the Police Service of Northern Ireland.

A direction may be given under this paragraph only if—

The Department of Justice in Northern Ireland may direct the Chief Constable of the Police Service of Northern Ireland to provide specified assistance to the NCA if it appears to the Department that it is appropriate for the NCA to receive directed assistance from the Chief Constable.

Before giving such a direction, the Department of Justice must consult—

A person may provide any of the following in response to a request for assistance, and a direction may require the provision of any of the following—

That does not limit the kinds of assistance that may be provided or required.

In this paragraph—“direction” means a direction under any provision of this Part of this Schedule;“request for assistance” means such a request under any provision of this Part of this Schedule.

An individual who is provided under this Part of this Schedule—

That rule applies despite anything contained in—

In this paragraph “individual” includes—

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 a relevant metropolitan body (or both those bodies) may make arrangements for the NCA to use facilities made available by the metropolitan police force.

In this paragraph “relevant metropolitan body” 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—“customs premises” means premises wholly or partly occupied by persons designated under section 3 (general customs officials) or section 11 (customs revenue officials) of the Borders, Citizenship and Immigration Act 2009;“immigration facilities” means facilities provided in connection with the exercise of—functions of the Secretary of State relating to immigration, asylum or nationality, or functions of an immigration officer;“relevant person” means—the Secretary of State, or the Director of Border Revenue.

If it appears to the Secretary of State that—the Secretary of State may direct those relevant parties to make specified arrangements under that paragraph.

In this paragraph “relevant parties”, in relation to arrangements under paragraph 19, 20 or 21, means—

Facility-sharing arrangements must specify or describe the facilities which are to be made available for use by the NCA under the arrangements.

Facility-sharing arrangements may be varied or terminated by the parties.

But the arrangements may not be terminated without the consent of—

In this paragraph “facility-sharing arrangements” means arrangements under any other provision of this Part of this Schedule.

The Director General must pay the appropriate amount to the fundholding body for a UK police force if—

The Director General must pay the appropriate amount to a UK law enforcement agency if—

In any provision of this Part of this Schedule which requires one person (“R”) to pay the appropriate amount to another person (“P”), “appropriate amount” means—

The Secretary of State must consult the Scottish Ministers before determining the appropriate amount if R or P is a Scottish body.

The Secretary of State must consult the Department of Justice in Northern Ireland before determining the appropriate amount if R or P is a Northern Ireland body.

In this paragraph—“Northern Ireland body” means—the Police Service of Northern Ireland, a Northern Ireland department, and any other person operating in Northern Ireland, and not operating in any other part of the United Kingdom, charged with the duty of investigating or prosecuting offences;“Scottish body” means—the Scottish Police Authority, the Scottish Administration, and any other person operating in Scotland, and not operating in any other part of the United Kingdom, charged with the duty of investigating or prosecuting offences.

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—

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.

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

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

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—

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.

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—

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.

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).

If (in any of those cases) the unlawful conduct is a tort, the NCA is accordingly to be treated as a joint tortfeasor.

If—the Secretary of State must pay to the NCA the sum received by way of reimbursement.

This paragraph does not affect the liability of the NCA for the conduct of NCA officers.

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.

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)—

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.

In this Schedule “NCA-led international joint investigation team” means any investigation team which is formed under the leadership of an NCA officer and is formed in accordance with—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This paragraph applies to an enactment if it provides for the issuing of warrants which authorise the Commissioners to exercise any power in relation to a customs matter.

For the purpose of enabling the Director General to exercise that power in relation to a customs matter, the enactment has effect as if the Director General were one of the Commissioners.

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—“adequate training”, in relation to a particular operational power, means training that is adequate to enable that power to be properly exercised;“appropriate” means appropriate in the Secretary of State's view;“report” means a report for the purposes of section 9 containing recommendations as to the operational powers which the Director General should have.

The Secretary of State may, by regulations, make provision about the circumstances in which the Director General may be designated as a person having operational powers otherwise than on recommendations made in accordance with paragraph 4.

Regulations under this paragraph may, in particular, provide that the Secretary of State must designate the Director General as a person having particular operational powers if specified conditions are met.

Those conditions may, in particular, relate to training received by a person before appointment as the Director General.

In this paragraph “specified” means specified in regulations under this paragraph.

A designation may be made subject to any limitations specified in the designation.

In particular, a designation may include—

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.

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.

A designated officer must produce evidence of the designation if—

If the designated officer fails to produce such evidence, that failure does not make the exercise of the operational power invalid.

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.

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 if—

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).

In this paragraph—“Northern Ireland general authorisation” means an agreement between—the Director General, and the Department of Justice in Northern Ireland, about the exercise of the powers and privileges of Northern Ireland constables by NCA officers;...“Scottish general authorisation” means an agreement between—the Director General, and the Scottish Ministers, about the exercise of the powers and privileges of Scottish constables by NCA officers;“Scottish operational authorisation” means an agreement between—the Director General, and an officer in the Police Service of Scotland who is at or above the rank of Assistant Chief Constable, about the exercise of the powers and privileges of Scottish constables by NCA officers in connection with a particular operation.

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.

An NCA officer who is designated as having the powers and privileges of a constable is not to be regarded, by virtue of having those powers and privileges, as in police service for the purposes of any provision of the relevant employment legislation.

In this paragraph “relevant employment legislation” means—

If an NCA officer is designated as a person having the powers of an officer of Revenue and Customs, the NCA officer has, in relation to any customs matter, the same powers as an officer of Revenue and Customs would have.

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 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.

If an NCA officer is designated as a person having the powers of a general customs official, the NCA officer has, in relation to any customs matter, the same powers as a general customs official would have.

But that is subject to any limitation included in the designation.

This paragraph applies to an enactment if it provides for the issuing of warrants which authorise a general customs official 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 a general customs official.

If an NCA officer is designated as a person having the powers of an immigration officer, the NCA officer has, in relation to any relevant matter, the same powers as an immigration officer would have.

But that is subject to any limitation included in the designation.

In this paragraph “relevant matter”, in relation to a particular power of an immigration officer, means a matter in relation to which that power may be exercised.

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.

A person commits an offence if the person resists or wilfully obstructs—

A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

A person commits an offence if the person assaults—

A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

A person commits an offence if, with intent to deceive—

A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

The Director General must pay to the Commissioners any money received by way of proceeds of forfeitures—

In this section “proceeds of forfeitures” means—

The relevant national authority may, by order, make such provision as that authority considers appropriate in consequence of—

An order under this paragraph may, in particular—

In this paragraph “designated officers” includes a description of such officers.

The relevant national authority may, by order, provide for a relevant function of a person to be exercisable by that person in relation to—

In this paragraph “relevant function” means a function exercisable by any person in relation to—

The power to make an order under paragraph 27 or 28 may, in particular, be exercised by—

The Secretary of State must consult—

In this paragraph “enactment” includes a description of enactments.

Before making a request for an inspection that would fall to be carried out wholly or partly in Scotland, the Secretary of State must consult the Scottish Ministers.

HMIC may carry out an inspection jointly with the Scottish inspectors—

Before deciding whether or not to carry out such an inspection jointly with the Scottish inspectors, HMIC must consult the Scottish inspectors.

The Secretary of State must arrange for every HMIC report received to be published in such manner as the Secretary of State considers appropriate.

But the Secretary of State may exclude from publication any part of an HMIC report if, in the Secretary of State's opinion, the publication of that part—

The Secretary of State must send a copy of the published report—

The Director General must—

The comments must be published before the end of the period of 56 days beginning with the day on which the HMIC report is published by the Secretary of State.

If the HMIC report includes a recommendation, the comments must include an explanation of—

The Director General must send a copy of any document published under sub-paragraph (1)(b)—

The Director General must—as appear to the inspectorate to be required for the purposes of the exercise of an NCA inspection function.

Anything that the Director General is obliged to provide, produce or deliver up by virtue of a requirement imposed under sub-paragraph (1) must be provided, produced or delivered up in such form and manner, and within such period, as may be specified—

Nothing in this paragraph requires the Director General—

An NCA officer may disclose information to any policing inspectorate for the purposes of the exercise by any policing inspectorate of an NCA inspection function.

The Secretary of State may, by regulations, make—

Such regulations may, in particular—

The Director General must secure that a policing inspectorate is given access to premises occupied for the purposes of the NCA and access to documents and other things on those premises if—

Where there are reasonable grounds for not allowing the inspectorate to have the required access at the time at which the inspectorate seeks to have it, the obligation under sub-paragraph (1) has effect as an obligation to secure that the required access is allowed to the inspectorate at the earliest practicable time specified by the inspectorate after there cease to be any such grounds.

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).

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)—

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)).

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 ”.

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—.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007(the “2007 Order”) is amended in accordance with this paragraph.

In article 2 (interpretation), for paragraph (d) substitute—.

In article 4 (agreements to establish complaints procedures), in paragraph (7)—

The amendments of the 2007 Order made by section 11 and this Schedule may be amended or revoked as if made in the exercise of the powers under which the 2007 Order was made.

This Part of this Act does not authorise or require—

In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

An NCA officer must not disclose—unless the relevant authority consents to the disclosure.

If an NCA officer has disclosed—to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

In this paragraph—“HMRC information” means information obtained by the NCA from the Commissioners or a person acting on behalf of the Commissioners;“personal customs information” and “personal customs revenue information” have the same meanings as in the Borders, Citizenship and Immigration Act 2009 (see section 15(4) of that Act);“relevant authority” means—the Commissioners or an officer of Revenue and Customs (in the case of a disclosure or further disclosure of HMRC information); the Secretary of State or a designated general customs official (in the case of a disclosure or further disclosure of personal customs information); the Director of Border Revenue or a designated customs revenue official (in the case of a disclosure or further disclosure of personal customs revenue information).

An NCA officer must not disclose social security information unless the relevant authority consents to the disclosure.

If an NCA officer has disclosed social security information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

In this paragraph—“relevant authority” means—the Secretary of State (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of the Secretary of State); the Department for Social Development in Northern Ireland (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of a Northern Ireland department);“social security information” means information which, when disclosed to the NCA, was information held for the purposes of any of the following functions of the Secretary of State or a Northern Ireland Department—functions relating to social security, including functions relating to—statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992; maternity allowance under section 35 of that Act; statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; maternity allowance under section 35 of that Act; schemes and arrangements under section 2 of the Employment and Training Act 1973; functions relating to the investigation and prosecution of offences relating to tax credits.

An NCA officer must not disclose intelligence service information unless the relevant authority consents to the disclosure.

If an NCA officer has disclosed intelligence service information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

In this paragraph—“intelligence service” means—the Security Service, the Secret Intelligence Service, or GCHQ (which has the same meaning as in the Intelligence Services Act 1994);“intelligence service information” means information obtained from an intelligence service or a person acting on behalf of an intelligence service;“relevant authority” means—the Director-General of the Security Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf); the Chief of the Secret Intelligence Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf); the Director of GCHQ (in the case of information obtained from GCHQ or a person acting on its behalf).

If an NCA officer has disclosed information to a person (the “original recipient”), that person must not further disclose the information unless—

This paragraph does not apply to a further disclosure of information if—

In this paragraph “relevant function” means any function of the original recipient for the purposes of which the information was disclosed to that recipient.

This paragraph applies to information disclosed by an NCA officer under section 7(7) to the Commissioners.

The information may be further disclosed by the Commissioners only if the disclosure is—

The information may be further disclosed by a person other than the Commissioners only if—

In this paragraph “relevant function” means any function of the Commissioners for the purposes of which the information was disclosed.