29280 Chapter No 22 Act 2013 COVER / sig1 / plateA
Crime and Courts Act 
2013
CHAPTER 22
Explanatory Notes have been produced to assist in the
understanding of this Act and are available separately
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CRIME AND COURTS ACT  2013
Crime and Courts Act 2013
CHAPTER 22
CONTENTS
PART 1
THE NATIONAL  CRIME  AGENCY
The NCA and its officers
1 The National Crime Agency
2 Modification of NCA functions
3 Strategic priorities
4 Operations
Other functions etc.
5 Relationships between NCA and other agencies: tasking etc
6 Duty to publish information
7 Information gateways
8 Other functions etc
9 Director General: customs powers of Commissioners & operational powers
10 Operational powers of other NCA officers
General
11 Inspections and complaints
12 Information: restrictio ns on disclosure etc
13 NCA officers with operational powers: labour relations
14 NCA officers with operatio nal powers: pay and allowances
15 Abolition of SOCA and NPIA
16 Interpretation of Part 1Crime and Courts Act 2013 (c. 22) ii
PART 2
COURTS  AND  JUSTICE
Administration of justice
17 Civil and family proceedi ngs in England and Wales
18 Youth courts to have jurisdiction  to grant gang-related injunctions
19 Varying designations of authorities responsible for remanded young persons
20 Judicial appointments
21 Deployment of the judiciary
22 Transfer of immigration or nation ality judicial review applications
23 Permission to appeal from Upper Tribunal to Court of Session
24 Appeals relating to regulation of the Bar
25 Enforcement by taking control of goods
26 Payment of fines and other sums
27 Disclosure of information to facilita te collection of fines and other sums
28 Disclosure of information for calculating fees of courts, tribunals etc
29 Supreme Court chief executive, officers and staff
30 Supreme Court security officers
31 Making, and use, of recordings of Supreme Court proceedings
32 Enabling the making, and use, of f ilms and other recordings of proceedings
33 Abolition of scandalising the judici ary as form of contempt of court
Publishers of news-related material: damages and costs
34 Awards of exemplary damages
35 Relevant considerations
36 Amount of exemplary damages
37 Multiple claimants
38 Multiple defendants
39 Awards of aggravated damages
40 Awards of costs
41 Meaning of “relevant publisher”
42 Other interpretative provisions
Self-defence
43 Use of force in self-defence at place of residence
Community and other non-custodial sentencing
44 Dealing non-custodially with offenders
Deferred prosecution agreements
45 Deferred prosecution agreements
Proceeds of crime
46 Restraint orders and legal aid
47 Restraint orders and legal aid: supplementary
48 Civil recovery of the proceeds etc of unlawful conduct
49 InvestigationsCrime and Courts Act 2013 (c. 22) iii
Extradition
50 Extradition
PART 3
MISCELLANEOUS  AND  GENERAL
Border control
51 Immigration cases: appeal rights; and facilitating combined appeals
52 Appeals against refusal of en try clearance to visit the UK
53 Restriction on right of appeal from within the United Kingdom
54 Deportation on national security grounds: appeals
55 Powers of immigration officers
Drugs and driving
56 Drugs and driving
Public order
57 Public order offences
General
58 Orders and regulations
59 Consequential amendments
60 Transitional, transitory or saving provision
61 Short title, commencement and extent
Schedule 1 — The NCA & NCA officers
Part 1 — The NCA
Part 2 — NCA officers
Schedule 2 — The framework document & annual report
Part 1 — The framework document
Part 2 — The annual report
Schedule 3 — Relationships between NCA and other agencies
Part 1 — Co-operation
Part 2 — Exchange of information
Part 3 — Assistance within the UK
Part 4 — Use of police facilities etc by NCA
Part 5 — Payment for tasks, assistance or facilities
Part 6 — General
Schedule 4 — NCA: general
Schedule 5 — Police, customs and immigration powers
Part 1 — Director General: Commiss ioners’ powers exercisable under
section 9(1)
Part 2 — Director General: designation under section 9
Part 3 — Further provision about designations under section 9 or 10
Part 4 — Designations: powers and privileges of constablesCrime and Courts Act 2013 (c. 22) iv
Part 5 — Designations: powers of officers of Revenue and Customs
Part 6 — Designations: powers of immigration officers
Part 7 — Offences relating to designations
Part 8 — General
Schedule 6 — Inspections and complaints
Part 1 — Inspections
Part 2 — Complaints: other amendments
Schedule 7 — Information: restrictions on disclosure
Part 1 — Statutory restrictions
Part 2 — Restrictions on disclosures of particular types of information
Part 3 — Restrictions on furthe r disclosures of information
Part 4 — Published information: no restrictions on further disclosure
Part 5 — Offences relating to wrongful disclosure of information
Part 6 — General
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision
Part 2 — Minor and consequential amendments and repeals
Part 3 — Further consequential amendments and repeals
Part 4 — Subordinate legislation
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
Part 2 — Other amendments
Part 3 — Further amendments
Part 4 — Consequential repeals
Schedule 10 — The family court
Part 1 — Establishment of the family court
Part 2 — The family cour t: further amendments
Part 3 — Repeals and revocations in consequence of Parts 1 and 2 of this
Schedule
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
Part 2 — Repeals and revocations in consequence of Part 1 of this
Schedule
Schedule 12 — Gang-related inju nctions: further amendments
Schedule 13 — Judicial appointments
Part 1 — Judges of the Supreme Court: number and selection
Part 2 — Diversity
Part 3 — Judicial Appointments Commission
Part 4 — Judicial appointments: sele ction, and transfer of powers of
Lord Chancellor
Part 5 — Selection of Lord Chief Justice and Heads of Division:
transitory provision
Part 6 — Appointment of judge to exercise functions of a Head of
Division in case of inca pacity or a vacancy etc
Part 7 — Abolition of office of assistant Recorder
Schedule 14 — Deployment of the judiciary
Part 1 — Deployment under section 9 of the Senior Courts Act 1981
Part 2 — Deployment of judges to the magistrates’ courts
Part 3 — Deployment of judges to the Court of Protection
Part 4 — Deployment of judges to the First-tier Tribunal and the Upper
Tribunal
Part 5 — Deployment of judges to the Employment Appeal Tribunal
Part 6 — Deployment of judges to the employment tribunalsCrime and Courts Act 2013 (c. 22) v
Part 7 — Amendments following rena ming of chairmen of employment
tribunals
Schedule 15 — Exclusions from defi nition of “relevant publisher”
Schedule 16 — Dealing non-custodially with offenders
Part 1 — Community orders: punitive elements
Part 2 — Deferring the passing of se ntence to allow for restorative
justice
Part 3 — Removal of limits on compensation orders made against
adults
Part 4 — Electronic monitoring of offenders
Part 5 — Community orders: further provision
Part 6 — Statements of assets and other financial circumstances of
offenders etc
Part 7 — Information to enable a court to deal with an offender
Part 8 — Related amendments in Armed Forces Act 2006
Schedule 17 — Deferred prosecution agreements
Part 1 — General
Part 2 — Offences in relation to  which a DPA may be entered into
Part 3 — Consequential and transitional provision
Schedule 18 — Proceeds of crime: civil recovery of the proceeds etc of
unlawful conduct
Part 1 — Enforcement of interim orders in the United Kingdom
Part 2 — Property or evidence  outside the United Kingdom
Schedule 19 — Proceeds of crime: investigations
Part 1 — Civil recovery investigations
Part 2 — Evidence overseas
Part 3 — Consequential amendments: immigration officers and
National Crime Agency
Schedule 20 — Extradition
Part 1 — Forum
Part 2 — Human rights issues
Part 3 — Devolution issues in Scotland
Schedule 21 — Powers of immigration officers: further provision
Part 1 — General
Part 2 — Modification of applied enactments
Part 3 — Scotland
Schedule 22 — Drugs and driving: minor and consequential amendments
Schedule 23 — Super-affirmative procedure
Schedule 24 — The NCA: Northern Ireland
Schedule 25 — Proceeds of crime provisions: Northern Ireland
Part 1 — Civil recovery provisions
Part 2 — Investigation provisionsELIZABETH II c. 22
Crime and Courts Act 2013
2013 CHAPTER 22
An Act to establish, and make provision about, the National Crime Agency; to
abolish the Serious Organised Crime Agency and the National Policing
Improvement Agency; to make provision about the judiciary and the
structure, administration, proceedings an d powers of courts and tribunals; to
make provision about deferred prosec ution agreements; to make provision
about border control; to make provis ion about drugs and driving; and for
connected purposes. [25th April 2013]
E IT ENACTED  by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Te mporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:— 
PART 1
THE NATIONAL  CRIME  AGENCY
The NCA and its officers
1 The National Crime Agency
(1) A National Crime Agency, consisting of the NCA officers, is to be formed.
(2) 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.
(3) The NCA is to have—
(a) the functions conferred by this section;
(b) the functions conferred by th e Proceeds of Crime Act 2002; and
(c) the other functions conferred by this Act and by other enactments.
(4) The NCA is to have the function (the  “crime-reduction fu nction”) of securing
that efficient and effective activities to combat organised crime and seriousBCrime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency2
crime are carried out (wheth er by the NCA, other law enforcement agencies, or
other persons).
(5) 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—
(a) activities to combat org anised crime or serious crime;
(b) activities to combat any other kind of crime;
(c) exploitation proceeds investigatio ns (within the meaning of section
341(5) of the Proceeds of Crime Ac t 2002), exploitation  proceeds orders
(within the meaning of Part 7 of the Coroners and Justice Act 2009), and
applications for such orders.
(6) The NCA must discharge the crime-re duction function in the following ways
(in particular).
(7) The first way is by the NCA itself—
(a) preventing and detecting orga nised crime and serious crime,
(b) investigating offences relating to organised crime or serious crime, and
(c) otherwise carrying out activities to  combat organised crime and serious
crime, including by instituting cr iminal proceeding s in England and
Wales and Northern Ireland.
(8) 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.
(9) The third way is by the NCA securing improvements—
(a) in co-operation between persons who carry out activities to combat
organised crime or serious crime, and
(b) in co-ordination of activities to  combat organised crime or serious
crime.
(10) The crime-reduction function does not include—
(a) the function of the NCA it self prosecuting offences; or
(b) the function of the NCA itself instituting criminal proceedings in
Scotland.
(11) 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—
(a) the prevention and detection of  crime (or that kind of crime),
(b) the investigation and prosecution of  offences (or offences relating to
that kind of crime),
(c) the reduction of crime (or that kind of crime) in other ways, and
(d) the mitigation of the consequences  of crime (or that kind of crime);
and references to the carrying out of activities to combat crime (or a particular
kind of crime) are to be construed accordingly.
(12) Schedule 1 (the NCA & NCA officers) has effect.
2 Modification of NCA functions
(1) The Secretary of State may, by order, make—
(a) provision about NCA counter-terrori sm functions (and, in particular,
may make provision conferring, removing, or otherwise modifying
such functions); andCrime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency3
(b) other provision which the Secret ary of State considers necessary in
consequence of provision made under paragraph (a) (and, in particular,
may make provision about the functi ons of any person  other than the
NCA, including provision conferring  or otherwise modifying, but not
removing, such functions).
(2) 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 func tion if the NCA officer do es so with the agreement
of the Chief Constable of the Po lice Service of Northern Ireland.
(3) That includes cases where an order un der this section confers an NCA counter-
terrorism function by the mo dification of a function.
(4) An order under this section may amend or otherwise modify this Act or any
other enactment.
(5) An order under this sect ion is subject to the super-affirmative procedure (see
section 58 and Schedule 23).
(6) In this section “NCA counter-terro rism function” means an NCA function
relating to terrorism (and for this pu rpose “terrorism” has the same meaning
as in the Terrorism Act 2000 — see section 1 of that Act).
3 Strategic priorities
(1) The Secretary of the State must dete rmine strategic priorities for the NCA.
(2) In determining strategic priorities fo r the NCA (including deciding whether
there should be such priorities), the Secretary of State must consult—
(a) the strategic partners,
(b) the Director General, and
(c) any other persons whom the Secretary of State considers it is
appropriate to consult.
4 Operations
(1) The Director General has (by virtue of the function of direction and control of
the NCA) the power to decide—
(a) which particular operations are to be mounted by NCA officers, and
(b) how such operations are to be conducted.
(2) In exercising functions, the Dire ctor General must have regard to—
(a) any strategic priorities for the NCA (see section 3);
(b) the annual plan (see below); and
(c) the framework document (s ee Part 1 of Schedule 2).
(3) 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 Scot land and Northern Ireland).
(4) The annual plan for a financial year must include—
(a) a statement of any strate gic priorities for the NCA,
(b) a statement of the operational priorities for the NCA, andCrime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency4
(c) in relation to each of the stra tegic and operational priorities, an
explanation of how the Di rector General intends that the priority will
be given effect to.
(5) The Director General must determine operational priorities for the NCA; and
those priorities may relate—
(a) to matters to which current stra tegic priorities also relate, or
(b) to other matters;
but operational priorities must, in any event, be framed so as to be consistent
with the current st rategic priorities.
(6) In preparing any annual plan, th e Director General must consult—
(a) the strategic partners, and
(b) any other persons whom the Di rector General considers it is
appropriate to consult.
(7) The Director General is re quired by subsection (6)(a)—
(a) to consult the Scottish Ministers abou t the annual plan only as it relates
to activities in Scotland; and
(b) to consult the Department of Just ice in Northern Ireland about the
annual plan only as it relates to activities in Northern Ireland.
(8) Before issuing any annual plan, the Director General must obtain—
(a) the consent of the Secretary of State to the plan,
(b) the consent of the Scottish Ministers to the plan as it relates to activities
in Scotland, and
(c) the consent of the Department of Just ice in Northern Ireland as it relates
to activities in Northern Ireland.
(9) The Director General must arrange for ea ch annual plan to be published in the
manner which the Director General considers appropriate.
(10) Schedule 2 (the framework document & annual report) has effect.
Other functions etc.
5 Relationships between NCA and other agencies: tasking etc
(1) Any of the following persons may perform a task if the Director General
requests the person to perform it—
(a) the chief officer of a UK police force;
(b) a UK law enforcement agency.
(2) A request under subsection (1)—
(a) may be made only if the Director General considers that performance
of the task would assist the NCA to exercise functions;
(b) must explain how performance of the requested task would so assist
the exercise of functions.
(3) The Director General may perform a task if any of the following persons
requests the Director General to perform it—
(a) the chief officer of a UK police force;
(b) a UK law enforcement agency.
(4) A request under subsection (3)—Crime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency5
(a) may be made only if the person making it considers that performance
of the task would assist that person — or, in a case where that person is
the chief officer of a police force, woul d assist that person or police force
— to exercise functions;
(b) must explain how performance of the requested task would so assist
the exercise of functions.
(5) The Director General may direct any of  the following persons to perform a task
specified in the direction—
(a) the chief officer of an En gland and Wales police force;
(b) the Chief Constable of the British Transport Police.
(6) The Director General ma y give a direction under su bsection (5) only if the
Director General considers that—
(a) performance of the task would assist the NCA to exercise functions;
(b) it is expedient for the directed person to perform that task; and
(c) satisfactory arrangements cannot be made, or cannot be made in time,
under subsection (1).
(7) A person given a dire ction under this section must comply with it.
(8) 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.
(9) The Director General may give a dire ction under this section to the Chief
Constable of the British Transport Police only if the Secretary of State consents.
(10) Schedule 3 (relationships between NCA and other agencies) has effect.
(11) This section has effect subject to Part 5 (payment for tasks etc) of Schedule 3.
(12) Paragraph 33 of Schedule 3 gives the Secretary of State power to amend this
section.
6 Duty to publish information
(1) The Director General must—
(a) make arrangements for publishing information about the exercise of
NCA functions and other matters  relating to the NCA, and
(b) publish information in accordance with those arrangements.
(2) The framework document may impose on the Director General requirements
in relation to performanc e of the duties imposed by  subsection (1) (including
requirements about what informat ion is not to be published).
(3) 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 appl y in relation to such requirements).
(4) This section is subject to Schedule 7 (information: restrictions on disclosure).
7 Information gateways
(1) A person may disclose information to th e NCA if the disclosure is made for the
purposes of the exercise  of any NCA function.Crime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency6
(2) Subsection (1) does not authorise any of  the following to disclose information
to the NCA—
(a) a person serving in the Security Service;
(b) a person serving in the Secret Intelligence Service;
(c) a person serving in GCHQ;
but this does not affect the disclosures which such a person may make to the
NCA in accordance with intelligence  service disclosure arrangements.
(3) Information obtained by the NCA in co nnection with the exercise of any NCA
functions may be used by the NCA in conn ection with the exercise of any other
NCA function.
(4) 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.
(5) Subsection (4) authorises  an NCA officer to disclose information for the
purpose of the exercise of—
(a) the functions of the Lord Advoca te under Part 3 of the Proceeds of
Crime Act 2002 (“PCA 2002”), or
(b) the functions of the Scottish Minister s under, or in relation to, Part 5 of
PCA 2002,
only where the information has been obtained by th e NCA in connection with
the exercise of a function under PCA 2002  (other than a function under Part 6
of that Act).
(6) 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 offi cer to disclose the information.
(7) But an NCA officer may disclose th e information if the disclosure is—
(a) to the Commissioners for Her Majesty’s Revenue and Customs,
(b) to the Lord Advocate for the purposes of the exercise by the Lord
Advocate of the Lord Advocate’s functions under Part 3 of PCA 2002
(confiscation: Scotland),
(c) to any person for 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, or
(d) to any person for the purposes of compliance with an order of a court
or tribunal (whether or no t in the United Kingdom).
(8) A disclosure of information which is au thorised or required by this Part does
not breach—
(a) an obligation of confidence owed by the person making the disclosure,
or
(b) any other restriction on the di sclosure of information (however
imposed).
(9) This section is subject to Schedule 7 (information: restrictions on disclosure).
(10) In this section— 
“GCHQ” has the same meaning as in the Intelligence Services Act 1994;
“intelligence service disclo sure arrangements” means—Crime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency7
(a) 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,
(b) arrangements made by the Chie f of the Intelligence Service
under section 2(2)(a) of the Inte lligence Services Act 1994 about
the disclosure of information by that Service, or
(c) arrangements made by the Di rector of GCHQ  under section
4(2)(a) of that Act about the disclosure of information by
GCHQ.
8 Other functions etc
(1) In section 11 of the Children Act 2004 (arrangements to safeguard and promote
welfare of children: England), in subsec tion (1), after paragraph (i) insert—
“(ia) the National Crime Agency;”.
(2) In section 28 of the Children Act 2004 (arrangements to safeguard and promote
welfare of children: Wales), in subsec tion (1), after paragraph (e) insert—
“(ea) the National Crime Agency;”.
(3) The Director General may provide assistance to—
(a) a government in a country or territory outside the British Islands, or
( b ) a n o t h e r  o v e r s e a s  b o d y  e x e r c i s i n g  f u n c t i o n s  o f  a  p u b l i c  n a t u r e  i n  a
country or territory outs ide the British Islands,
if the government, or the body, requ ests assistance to be provided.
(4) If such a request is made, the Director General may provide such assistance as
the Director General considers appr opriate in all the circumstances.
(5) 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.
(6) Schedule 4 (NCA: general) has effect.
9 Director General: customs powers of Commissioners & operational powers
(1) 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.
(2) The Secretary of State may designate the Director General as a person having
one or more of the following—
(a) the powers and priv ileges of a constable;
(b) the powers of an offi cer of Revenue and Customs;
(c) the powers of an immigration officer.
(3) The Secretary of State may modify or withdraw a designation of the Director
General by giving notice of the modifi cation or withdrawal to the Director
General.
(4) Schedule 5 (police, customs an d immigration powers) has effect.
(5) 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 ofCrime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency8
designation to give effect to those recommendations (unless the
recommendations are already given effect to by a previous exercise of the
powers of designation). 
(6) The Secretary of State may not exerci se the powers of designation unless—
(a) required to do so by subsection (5); or
(b) required or otherwise authorised  to do so by regulations under
paragraph 5 of Schedule 5.
(7) In this section “powers of designation” means the powers conferred by
subsections (2) and (3).
(8) In this Part—
“customs matter” means any matter other than—
(a) a matter to which section 7 of the Commissioners for Revenue
and Customs Act 2005 applies (former Inland Revenue
matters), or
(b) any tax or duty not mentioned in Schedule 1 to that Act (which
lists such matters);
“operational power” means any of the following—
(a) a power or privilege of a constable;
(b) a power of an officer of Revenue and Customs;
(c) a power of an immigration officer.
10 Operational powers of other NCA officers
(1) The Director General may designate any other NCA officer as a person having
one or more of the following—
(a) the powers and priv ileges of a constable;
(b) the powers of an offi cer of Revenue and Customs;
(c) the powers of an immigration officer.
(2) The Director General ma y not designate an NCA officer under this section as
having particular operational powers un less the Director General is satisfied
that the officer—
(a) is capable of effectively exercising those powers;
(b) has received adequate training in  respect of the exercise of those
powers; and
(c) is otherwise a suitable person to exercise those powers.
(3) The Director General may modify or withdraw a designation of an NCA officer
by giving notice of the modificati on or withdrawal to the officer.
(4) For further provision ab out designations under this  section, see Schedule 5.
General
11 Inspections and complaints
(1) Her Majesty’s Inspectors of Cons tabulary (“HMIC”) must carry out
inspections of the NCA.
(2) HMIC must also carry out an inspection of the NCA if requested to do so by
the Secretary of State either—Crime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency9
(a) generally, or
(b) in respect of a particular matter.
(3) Following an inspection under this sect ion, HMIC must report to the Secretary
of State on the efficiency and effectiveness of the NCA either—
(a) generally, or
(b) in the case of an inspection under subsection (2)(b), in respect of the
matter to which the inspection related.
(4) HMIC must carry out such other duti es for the purpose of furthering the
efficiency and effectiveness of the NCA as the Secretary of State may from time
to time direct.
(5) 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 th ey apply to other such functions.
(6) In the Police Reform Act 2002, after section 26B insert—
“26C The National Crime Agency
(1) The Secretary of State must make regulations conferring functions on
the Independent Police Complaints Commission in relation to the
exercise of functions by the Direct or General and other National Crime
Agency officers.
(2) Regulations under this se ction may, in particular—
(a) apply (with or without modi fications), or make provision
similar to, any provision of or ma de under this Part of this Act;
(b) make provision for payment by the National Crime Agency to,
or in respect of, the Independent Police Complaints
Commission.
(3) Regulations under this section mu st relate only to the exercise of
functions in, or in relati on to, England and Wales.
(4) The Independent Police Comp laints Commission and the
Parliamentary Commissioner for Administration may jointly
investigate a matter in relation to which—
(a) the Independent Police Complaints Commission has functions
by virtue of this section, and
(b) the Parliamentary Commissioner for Administration has
functions by virtue of the Parliamentary Commissioner Act
1967.
(5) A National Crime Agency office r may disclose information to the
Independent Police Complaints Commi ssion, or to a person acting on
the Commission’s behalf, for the purposes of the exercise by the
Commission, or by any pe rson acting on the Commission’s behalf, of an
NCA complaints function.
(6) The Independent Police Complaints Commissioner and the
Parliamentary Commissioner for Administration may disclose
information to each other for the purposes of the exercise of a
function—
(a) by virtue of this section, or
(b) under the Parliamentary Commissioner Act 1967.Crime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency10
(7) Regulations under this sect ion may, in particular, make—
(a) further provision about the di sclosure of information under
subsection (5) or (6);
(b) provision about the further disc losure of information that has
been so disclosed;
including provision which applies (w ith or without modifications), or
is similar to, any provision of Sche dule 7 to the Crime and Courts Act
2013.
(8) Except as provided for in regulati ons under this section, that Schedule
to that Act does not apply to—
(a) the disclosure of information under subsection (5) or (6), or
(b) the further disclosure of  information so disclosed.
(9) In this section “NCA complaints function” means a function in relation
to the exercise of functions by the Director General or any other
National Crime Agency officer.”
(7) In the Police, Public Order and Cr iminal Justice (Scotland) Act 2006
(Consequential Provisions and Modifications) Order 2007, in article 4(4)
(agreements to establish complaints procedures)—
(a) for “SOCA” (in the first place) su bstitute “the National Crime Agency”;
(b) for “SOCA and members of the sta ff of SOCA” substitute “the National
Crime Agency and National  Crime Agency officers”.
(8) In section 60ZA of the Police (Norther n Ireland) Act 1998 (Serious Organised
Crime Agency: complaints)—
(a) in the title, for “ Serious Organised Crime Agency ” substitute “ The
National Crime Agency ”;
(b) in subsection (1), for “members of  the staff of the Serious Organised
Crime Agency” substitute “Nat ional Crime Agency officers”;
(c) in subsection (6), for “member of  the staff of the Agency” substitute
“National Crime Agency officer”;
(d) omit subsection (7).
(9) Schedule 6 (inspections and complaints) has effect.
12 Information: restrictions on disclosure etc
(1) Schedule 7 (information: restrict ions on disclosure) has effect.
(2) Schedule 7 applies to disclosures ma de for the purposes  of the criminal
intelligence function.
(3) Any duty to disclose information imposed on an NCA officer (including the
duty of the Director General under para graph 4 or 6 of Schedule 3 to disclose
information by keeping other persons info rmed of information obtained by the
NCA), and any power of an NCA officer to disclose information, has effect
subject to Schedule 7.
(4) Subsections (2) and (3) do not limit Schedule 7.Crime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency11
13 NCA officers with operationa l powers: labour relations
(1) A person must not induce the Direct or General or any NC A officer designated
under section 10 to withhold (or to continue to withhold) services as an NCA
officer.
(2) The duty imposed by subs ection (1) is a duty owed to the Secretary of State.
(3) A bre ach of t hat duty w hich causes the Secre tary of St at e to sustain loss or
damage is to be actionable, at the Secretary of State’s suit or instance, against
the person in breach.
(4) Subsection (3) is without prejudice to the right of the Secretary of State, by
virtue of subsections (1) and (2), to br ing civil proceedings in respect of any
apprehended contravention of subsection (1).
(5) The no-strike provisions must be di sregarded in determining for the purposes
of any of the relevant employment legislation whether any trade union is an
independent trade union.
(6) Nothing in the relevant employment legi slation is to affect the rights of the
Secretary of State by virtue of the no-strike provisions.
(7) The Secretary of State ma y, by order, suspend, or later revive, the operation of
the no-strike provisions.
(8) In this section—
“no-strike provisions” means subsec tions (1) to (3) of this section;
“relevant employment legislation” means—
(a) the Trade Union and Labour Relations (Consolidation) Act
1992;
(b) the Employment Rights Act 1996;
(c) the Trade Union and Labour Relations (Northern Ireland)
Order 1995;
(d) the Employment Rights (N orthern Ireland) Order 1996.
14 NCA officers with operationa l powers: pay and allowances
(1) The Secretary of State may, by regu lations, provide for the establishment,
maintenance and operation of procedures  for the determination from time to
time of—
(a) the rates of pay and allowances to be applied to the Director General
and to NCA officers designated under section 10; and
(b) other associated terms and conditions of employment as the Director
General or as an NCA officer designated under section 10.
(2) Regulations under this section may—
(a) provide for determinations with  respect to matters to which the
regulations relate to be made whol ly or partly by reference to such
factors, and the opinion or recommen dations of such persons, as may
be specified or described in the regulations;
(b) authorise the matters considered and determined in pursuance of the
regulations to include matters app licable to times and periods before
they are considered or determined.Crime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency12
(3) 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.
15 Abolition of SOCA and NPIA
(1) The Serious Organised Cr ime Agency is abolished.
(2) The National Policing Improvement Agency is abolished.
(3) Schedule 8 (abolition of SOCA and NPIA) has effect.
16 Interpretation of Part 1
(1) In this Part—
“chief officer” means—
(a) the chief constable of a police  force maintained under section 2
of the Police Act 1996 (police forces in England and Wales
outside London);
(b) the Commissioner of Police of the Metropolis;
(c) the Commissioner of Police for the City of London;
(d) the chief constable of the Police Service of Scotland;
(e) the Chief Constable of the Poli ce Service of Northern Ireland;
(f) the chief constable of th e British Transport Police;
(g) the chief constable of the Civil Nuclear Constabulary;
(h) 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—
(a) an Act of Parliament;
(b) an Act of the Scottish Parliament;
(c) Northern Ireland legislation;
(d) a Measure or Act of the National Assembly for Wales;
(e) an instrument made under any such Act, legislation or
Measure;
(f) any other subordinate legislation (within the meaning of the
Interpretation Act 1978);
“England and Wales police force” means—
(a) a police force mainta ined under section 2 of the Police Act 1996
(police forces in England and Wales outside London);
(b) the metropolitan police force;
(c) 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 20 09 (see section 3 of that Act);Crime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency13
“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 Is land police force);
“Island police force” means—
(a) the States of Jersey Police Force;
(b) the salaried police force of the Island of Guernsey;
(c) the Isle of Man Constabulary;
“local policing body” means—
(a) a police and crime commissioner;
(b) the Mayor’s Office for Policing and Crime;
(c) the Common Council of the City of London as police authority
for the City of London police area;
“NCA” means the Nati onal Crime Agency;
“NCA functions” means—
(a) functions of the NCA,
(b) functions of the Director General, and
(c) functions of other NCA officers;
“NCA officers” means—
(a) the Director General,
(b) the other National Crime Ag ency officers appointed under
paragraph 9 of Schedule 1,
(c) 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
(d) NCA specials;
“permitted purpose” means any of the following purposes—
(a) the prevention or detection of crime, whether in the United
Kingdom or elsewhere;
(b) the investigation or prosecut ion of offences, whether in the
United Kingdom or elsewhere;
(c) the prevention, detection or in vestigation 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;
(d) the exercise of any NCA functi ons (so far as not falling within
any of paragraphs (a) to (c));
(e) purposes relating to civil proc eedings (whether or not in the
United Kingdom) which relate to  a matter in respect of which
the NCA has functions;
(f) compliance with an order of a co urt or tribunal (whether or not
in the United Kingdom);
(g) 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;
(h) the exercise of any function of  the prosecutor under Parts 2, 3
and 4 of the Proceeds of Crime Act 2002;
(i) the exercise of any function of—
(i) the Director of Public Prosecutions,
(ii) the Director of th e Serious Fraud Office,Crime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency14
(iii) the Director of Public Pr osecutions for Northern Ireland,
or
(iv) the Scottish Ministers,
under, or in relation, to Part 5 or 8 of the Proceeds of Crime Act
2002;
(j) the exercise of any function of—
(i) an officer of Revenue and Customs,
(ii) a general cu stoms official,
(iii) a customs revenue official,
(iv) an immigration officer,
(v) an accredited financial investigator, or
(vi) a constable,
under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002;
(k) investigations or proceeding s 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);
(l) the exercise of any function of  any intelligence service (within
the meaning of the Regulation of Investigatory Powers Act
2000);
(m) the exercise of any function under—
(i) Part 2 of the Football Spectators Act 1989, or
(ii) sections 104 to 106 of the Policing and Crime Act 2009;
(n) the exercise of any function relating to public health;
(o) the exercise of any function of  the Financial Services Authority;
(p) the exercise of any function de signated 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) a police and crime commissioner;
(b) the Mayor’s Office for Policing and Crime;
(c) the Common Council of the City of London as police authority
for the City of London police area;
(d) the Scottish Police Authority;
(e) the Northern Ireland Policing Board;
(f) the British Transport Police Authority;
(g) the Civil Nuclear Police Authority;
(h) the Secretary of State, in relation to the Ministry of Defence
Police;
“special police force” means—
(a) the British Transport Police;
(b) the Civil Nuclear Constabulary;
(c) the Ministry of Defence Police;
“strategic partners” means—
(a) the Scottish Ministers;
(b) the Department of Justice in Northern Ireland;Crime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency15
(c) such persons as appear to the Secretary of State to represent the
views of local policing bodies;
(d) such persons as appear to the Secretary of State to represent the
views of the chief officers of England and Wales police forces;
(e) the chief constable of the Police Service of Scotland;
(f) the Chief Constable of the Poli ce Service of Northern Ireland;
(g) the Commissioners for Her Majesty’s Revenue and Customs;
(h) the Director of th e Serious Fraud Office;
“UK law enforcement agency” means—
(a) the Commissioners for Her Majesty’s Revenue and Customs;
(b) the Director of th e Serious Fraud Office;
(c) the Director of  Border Revenue;
(d) the Scottish Administration;
(e) a Northern Ireland department;
(f) 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—
(a) an England and Wales police force;
(b) the Police Service of Scotland;
(c) the Police Service of Northern Ireland;
(d) a special police force.
(2) In this Part—
(a) a reference to the powers and privileges of a constable is a reference to
any powers and privileges of the constable, whether arising under an
enactment or otherwise;
(b) a reference to the Police Servic e of Northern Ireland includes a
reference to the Police Service of Northern Ir eland Reserve.
(3) In any enactment—
(a) a reference to a National Crime Agency officer is to be construed as a
reference to an NCA officer with in the meaning of this Part;
(b) a reference to a function of th e National Crime Agency is to be
construed as a reference to an NCA function within the meaning of this
Part (unless the contex t otherwise requires).
(4) Definitions of the following terms used in this Part, or other provision relating
to the meanings of such terms, are co ntained in the provisions (outside this
section) which are indicated.
Term Provision containing 
definition etc
activities to combat crime (or a particular kind of
crime)section 1(11)
annual plan section 4(3)
annual report Part 2 of Schedule 2
crime-reduction function section 1(4)Crime and Courts Act 2013 (c. 22)
Part 1 — The National Crime Agency16
PART 2
COURTS  AND  JUSTICE
Administration of justice
17 Civil and family proceedings in England and Wales
(1) In Part 1 of the County Courts Act 1984 at the beginning insert—
“The county court
A1 Establishment of a single county court
(1) There is to be a court in England and Wales, called the county court, for
the purpose of exercising  the jurisdiction and powers conferred on it—
(a) by or under this or any other Act, or
(b) by or under any Act, or Measur e, of the National Assembly for
Wales.
(2) The county court is to be a court of record and have a seal.”
(2) Sections 1 and 2 of that Act (county courts  to be held for districts) are repealed.
(3) In the Matrimonial and Family Proceed ings Act 1984 before Part 5 insert—
“PART 4A
THE FAMILY  COURT
31A Establishment of the family court
(1) There is to be a court in England and Wales, called the family court, for
the purpose of exercising  the jurisdiction and powers conferred on it—
(a) by or under this or any other Act, or
(b) by or under any Act, or Measur e, of the National Assembly for
Wales.
(2) The family court is to be a court of record and have a seal.”criminal intelligence function section 1(5)
customs matter section 9(8)
framework document Part 1 of Schedule 2
NCA special paragraph 15 of
Schedule 1
operational power section 9(8)
strategic priorities section 3Term Provision containing 
definition etcCrime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice17
(4) Part 2 of the Children, Schools and Fa milies Act 2010 (family proceedings) is
repealed, as are the following related prov isions of that Act: Part 2 of each of
Schedules 3 and 4; section 29(4); and “, (4)” in section 29(6).
(5) Schedule 9 (amendments in connection with the county court replacing the
existing county courts) has effect.
(6) Schedules 10 and 11 (amendments in connection with the establishment of the
family court) have effect.
18 Youth courts to have jurisdiction to grant gang-related injunctions
(1) Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related
violence) is amended as follows.
(2) In section 49(1) (interpretation of Part 4) for the definition of “court”
substitute—
““court” (except in Schedule 5A)—
(a) in the case of a respondent aged under 18, means a
youth court, and
(b) in any other case, means the High Court or the county
court,
but this is subject to any provis ion in rules of court that is or
could be made under section 48(4);”.
(3) In section 43(7) (judge before whom pe rson arrested on su spicion of breaching
injunction under Part 4 is to be brough t) for the words from “means” to the end
substitute “means a judge of the court that granted the injunction, except that
where—
(a) the respondent is aged 18 or over, but
(b) the injunction was granted by a youth court,
it means a judge of the county court.”
(4) In section 48 (rules of court in rela tion to injunctions under Part 4) after
subsection (3) insert—
“(4) In relation to a respondent attaining the age of 18 after the
commencement of proceedings under this Part, rules of court may—
(a) provide for the transfer of th e proceedings from a youth court
to the High Court or the county court;
(b) prescribe circumstances in which the proceedings may or must
remain in a youth court.”
(5) Schedule 12 (which makes conseque ntial and related amendments in the
Policing and Crime Act 2009) has effect.
(6) Nothing in any provision of this sectio n or of that Schedu le affects proceedings
in relation to applications made before the coming into force of that provision.
19 Varying designations of authorities responsible for remanded young persons
(1) 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 afte r child and meet costs) is amended as
follows.Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice18
(2) In subsection (7)(a) (authority that al ready looks after child to be designated)
after “being looked after by a local auth ority” insert “otherwise than by virtue
of section 104(1)”.
(3) In subsection (7)(b ) (in other cases, court must designate authority for area
where child habitually resides or offenc e committed) for “, the local authority”
substitute “but subject to subsection (7B), a local authority”.
(4) After subsection (7) insert—
“(7A) In a case to which subsection (7)(b) applies, the court is to designate a
local authority in whose area it appears to the court that the child
habitually resides (a “home auth ority”) except where the court—
(a) considers as respects the home authority, or each home
authority, that it is inappropriate to designate that authority, or
(b) is unable to identify any plac e in England and Wales where the
child habitually resides.
(7B) If in a case to whic h subsection (7)(b) applies—
(a) the court is not required by subsection (7A) to designate a home
authority, but
(b) it appears to the court that the offence was not, or none of the
offences was, committed in England and Wales,
the court is to designate a local authority which it considers appropriate
in the circumstances of the case.” 
(5) After subsection (7B) insert—
“(7C) Where a child has been remanded to youth detention accommodation,
the court—
(a) which remanded the child, or
(b) to which the child was remanded,
may designate a local auth ority (“B”) as the designated authority for the
child in substitution for the author ity previously designated (whether
that previous designation was made  when the child was remanded or
under this subsection).
(7D) Where a child has at any one time been subject to two or more remands
to youth detention accommodation, a court which has jurisdiction to
make a replacement designation under subsection (7C) in connection
with one or some of the remands also  has jurisdiction to make such a
replacement designation in connection  with each of the other remands.
(7E) Where a replacement designation is  made under subsection (7C) after
the end of the period of remand conc erned, the substitution of B for the
previously-designated authority has effect only for the purposes of
regulations under section 103.
(7F) Where a replacement designatio n is made under subsection (7C)
during the period of remand concer ned, the substitution of B for the
previously-designated authority—
(a) has effect, as respects the part of that period ending with the
making of the replacement design ation, only for the purposes of
regulations under section 103, and
(b) has effect, as respects the remain der of that period, for all of the
purposes listed in  subsection (6).Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice19
(7G) A court may make a replacement designation under subsection (7C)
only if it considers that, had everything it knows been known by the
court which made the previous de signation, that court would have
designated B instead.
(7H) Where a replacement designation is made under subsection (7C) in
relation to a remand, the previous ly-designated authority is to be
repaid any sums it paid in respect of the remand pursuant to
regulations under section 103.
(7J) A court which has jurisdiction to  make a replacement direction under
subsection (7C) may exercise that jurisdiction on an application by a
local authority or of its own motion.”
(6) 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.
(7) 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.
20 Judicial appointments
Schedule 13 has effect. In that Schedule—
Part 1 provides for there to be no more  than the equivalent of 12 full-time
judges of the Supreme Court, rather  than exactly 12 judges, and makes
provision about their selection,
Part 2 contains provisions to facili tate greater diversity among judges,
Part 3 amends provisions about membership of the Judicial
Appointments Commission,
Part 4—
(a) makes provision about selection for certain judicial
appointments, and
(b) provides for the transfer, from the Lord Chancellor to the Lord
Chief Justice or the Senior Presid ent of Tribunals, of functions in
connection with selection for and appointment to judicial
offices,
Part 5 amends the selection procedure for certain senior judicial
appointments until Part 4 of  the Schedule is in force,
Part 6 makes provision for the exerci se of certain functions where the
Master of the Rolls, the President of the Queen’s Bench Division, the
President of the Family Division or  the Chancellor of the High Court is
incapable of exercising the functions or one of those o ffices is vacant,
and
Part 7 abolishes the office of assistant Recorder.
21 Deployment of the judiciary
(1) The Lord Chief Justice’s deployment resp onsibility includes (so far as it would
not otherwise do so, and subject to having regard to the responsibilities of theCrime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice20
Senior President of Tribunals) re sponsibility for the maintenance of
appropriate arrangements for—
(a) the deployment to tribunals of judiciary deployable to tribunals, and
(b) the deployment to courts in Engl and and Wales of judiciary deployable
to such courts.
(2) In subsection (1) “the Lord Chief Ju stice’s deployment responsibility” means
the responsibility that the Lord Ch ief 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 fo r the maintenance of appropriate
arrangements for the deployment of the judiciary of England and Wales.
(3) Each of the following is a tribunal for the purposes of subsection (1)(a)—
the Upper Tribunal,
the First-tier Tribunal,
the Employment Appe al Tribunal, and
an employment tribunal  in England and Wales.
(4) Schedule 14 (which makes provision for deployment of judici ary to courts and
tribunals, and updates references to chairmen of employment tribunals
following their being renamed as Employment Judges) has effect.
22 Transfer of immigration or nationa lity judicial review applications
(1) In section 31A of the Senior Courts Act 1981 (transfer from the High Court to
the Upper Tribunal)—
(a) in subsection (2), for “, 3 and 4” substitute “and 3”,
(b) omit subsection (2A),
(c) in subsection (3), for “, 2 and 4” substitute “and 2”, and
(d) omit subsections (7) and (8).
(2) In section 20 of the Tribunals, Courts  and Enforcement Act 2007 (transfer from
the Court of Session to the Upper Tribunal)—
(a) in subsection (1)—
(i) in paragraph (a), for “, 2 and 4 are met” substitute “and 2 are
met, and”,
(ii) omit paragraph (aa) (includi ng the “and” following it), and
(iii) in paragraph (b), for “, 3 and 4” substitute “and 3”, and
(b) omit subsections (5) and (5A).
(3) In section 25A of the Judicature (North ern Ireland) Act 1978 (transfer from the
High Court to the Upper Tribunal)—
(a) in subsection (2), for “, 3 and 4” substitute “and 3”,
(b) omit subsection (2A),
(c) in subsection (3), for “, 2 and 4” substitute “and 2”, and
(d) omit subsections (7) and (8).
(4) In consequence of the amendments made by subsections (1) to (3), section 53 of
the Borders, Citizenship and Immigration Act 2009 is repealed.
23 Permission to appeal from Upper Tribunal to Court of Session
In section 13 of the Tribunals, Cour ts and Enforcement Act 2007 (right toCrime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice21
appeal from Upper Tribunal) after subsection (6) insert—
“(6A) Rules of court may make provisio n for permission not to be granted on
an application under subs ection (4) to the Court of Session that falls
within subsection (7) unless the court considers—
(a) that the proposed appeal woul d raise some important point of
principle, or
(b) that there is some other compe lling reason for the court to hear
the appeal.”
24 Appeals relating to regulation of the Bar
(1) 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.
(2) 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— 
(a) regulation of barristers,
(b) regulation of other persons regulated by the person conferring the
right,
(c) qualifications or trai ning of barristers or persons wishing to become
barristers, or
(d) admission to an Inn of Court or call to the Bar.
(3) An Inn of Court may confer a right of appeal to the High Court in respect of—
(a) a dispute between the Inn and a member of the Inn, or
(b) a dispute between members of the Inn;
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.
(4) A decision of the High Court on an  appeal under this  section is final.
(5) Subsection (4) does not apply to  a decision disbarring a person.
(6) The High Court may make such order as  it thinks fit on an appeal under this
section.
(7) 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.
25 Enforcement by taking control of goods
(1) Schedule 12 to the Tribunals, Courts  and Enforcement Act 2007 (procedure for
taking control of goods) is amended as follows.
(2) 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”.
(3) After paragraph 18 insert—
“18A(1) This paragraph applies if these conditions are met—Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice22
(a) the enforcement agent has powe r to enter the premises under
paragraph 14;
(b) the enforcement agent reason ably believes that the debtor
carries on a trade or business on the premises;
(c) the enforcement agent is acti ng under a writ or warrant of
control issued for the purpose of recovering a sum payable
under a High Court or county court judgment;
(d) the sum so payable is not a traffic contravention debt.
(2) “Traffic contravention debt” has the meaning given by section 82(2)
of the Traffic Management Act 2004.”
(4) After paragraph 19 insert—
“19A(1) This paragraph applies if these conditions are met—
(a) the enforcement agent has powe r to enter the premises under
paragraph 16;
(b) the enforcement agent has taken control of the goods by
entering into a controlled goods agreement with the debtor;
(c) the debtor has failed to comply with any provision of the
controlled goods agreement relating to the payment by the
debtor of the debt;
(d) the debtor has been given notice of the intention of the
enforcement agent to enter the premises to inspect the goods
or to remove them for storage or sale;
(e) neither paragraph 18 nor paragraph 19 applies.
(2) For the purposes of a notice un der sub-paragraph (1)(d), regulations
must state—
(a) the minimum period of notice;
(b) the form of the notice;
(c) what it must contain;
(d) how it must be given;
(e) who must give it.
(3) The enforcement agent must keep a record of the time when a notice
under sub-paragraph (1)(d) is given.
(4) If regulations authorise it, the court may order in prescribed
circumstances that the notice given may be less than the minimum
period.
(5) The order may be subject to conditions.”
(5) In paragraphs 24(2) and 31(5) (no powe r to use force against persons except to
extent provided in regulations) omit “, except to the extent that regulations
provide that it does”.
(6) Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold
after a sale).
(7) Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of
in accordance with notice of disposal).
(8) In consequence of the repeals in subsecti on (5), in section 90 of the Tribunals,
Courts and Enforcement Act 2007 (regulations under Part 3)—Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice23
(a) omit subsection (4) (procedure fo r regulations under paragraphs 24(2)
and 31(5) of Schedule 12), and
(b) in subsection (5) om it “In any other case”.
(9) In Schedule 13 to that Act (taking control of goods: amendments)—
(a) in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972)
for the words after “etc.),” substitute “omit subsection (2).”,
(b) in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act
1984) after “93 to” insert “98 and”,
(c) in paragraph 85 (amendment of section 436 of the Insolvency Act 1986)
for “436” substitute “436(1)”,
(d) in paragraph 125 (amendment of section 15 of the Employment
Tribunals Act 1996) for ““by executio n issued from the county court””
substitute “the words from “by execut ion”, to “court” in the first place
after “by execution”,”, and
(e) in paragraph 134 (which amends Schedule 17 to the Financial Services
and Markets Act 2000) for “paragraph 16(a)” substitute “paragraphs
16(a) and 16D(a)”.
26 Payment of fines and other sums
(1) In the Magistrates’ Courts Act 1980 after section 75 insert—
“75A  Costs of collecting sums adjudged to be paid by a conviction
(1) Where a sum is adjudged to be pa id by a conviction, the person liable
to pay the sum is also liable to pay amounts in respect of costs of doing
things for the purpose of coll ecting sums of that kind.
(2) Where the person is charged such an amount, the sum adjudged to be
paid is treated as increased by that amount.
(3) No such amount may be  charged unless a coll ection order or other
notice of the person’s liability to pay such amounts has been served on
the person.
(4) Where time has been allowed for payment of the sum, no such amount
may be charged before the end of that time.
(5) Where payment is to be by instalments, no such amount may be
charged—
(a) before the first occasion on which there is default in the
payment of an instalment, or
(b) at any other time when the instalments are up to date.
(6) No such amount may be charged in respect of costs that may be
recovered under paragraph 62 of Schedule 12 to the Tribunals, Courts
and Enforcement Act 2007 (costs rela ted to taking control of goods and
selling them).
(7) This section applies in relation to a sum even if a collection order is in
force in relation to the sum.”
(2) 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)Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice24
insert—
“36A  All functions of fines of ficers may be contracted-out
A function given by or under an enactment to a fines officer as such is
to be taken for the purposes of section 2(5) (ban on contracting-out of
judicial functions) as not involving the making of judicial decisions and
as not involving the exercise of any judicial discretion.”
(3) In Schedule 5 to that Act (collection of fines and other sums) in paragraph 13(1)
(contents of collection orders) after paragraph (c) insert—
“(ca) explain how the sum due ma y be increased by amounts in
respect of costs of doing things for the purpose of collecting
sums of that kind,”.
(4) In section 85 of the Magistrates’ Courts  Act 1980 (power to remit fines) after
subsection (4) (power does not extend to other sums) insert—
“(5) Despite subsection (4) above, refere nces in subsections (1) to (3) above
to a fine do include an amount that a person has been charged in respect
of costs mentioned in section 75A(1) above if the person is liable under
section 75A(1) above to pay the amount as a result of being liable to pay
a fine as defined by subsection (4) above.”
(5) In section 139(c) of that Act (disposal of balance of receipts  on account of sum
adjudged to be paid) after “balance” in sert “in accordance with any directions
under section 139A and, subject to that, in payment”.
(6) In that Act after section 139 insert—
“139A Disposal of amounts received  in respect of collection costs
(1) The Secretary of State may give  directions requiring that money
received on account of an amount charged as mentioned in section 75A
is to be paid to the person who charged the amount.
(2) For the purposes of this section,  money is received on account of an
amount charged as mentioned in section 75A if—
(a) the money is received on account of a sum whose amount has
been increased under that section,
(b) the total received on account of  the sum is more than the figure
the sum would be if increases under that section are excluded,
and
(c) the money is—
(i) the balance after deducting that figure fr om the total
received, or
(ii) if less, so much of that  balance as equals the amount
charged.
(3) Directions under this section—
(a) may be general or apply only in cases specified in them;
(b) may make different provis ion for different purposes;
(c) may be revoked by directions given by the Secretary of State.”
(7) In section 24(2) of the Criminal Justic e Act 1991 (regulations about applicationsCrime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice25
by courts for benefit deductio ns) after paragraph (b) insert—
“(ba) provision, including provision for deductions, in connection
with the fine or compensation to which an application relates
being treated as increased under section 75A of the 1980 Act or
paragraph 42A of Schedule 5 to the Courts Act 2003;”.
(8) 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 pr eserve existing increases under section
75A of the Magistrates’ Courts Act 1980  (collection costs) or paragraph 42A of
Schedule 5 to the Courts Act 2003”.
27 Disclosure of informa tion to facilitate collection of fines and other sums
(1) Schedule 5 to the Courts Act 2003 (c ollection of fines and other sums) is
amended as follows.
(2) 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.
(3) Accordingly, after paragraph 9 insert—
“PART 3A
DISCLOSURE  OF INFORMATION , AND  MEANING  OF “RELEVANT  BENEFIT ” ETC”.
(4) In the heading before paragraph 9A, after “Disclosure of information in
connection with” insert “making of attachment of earnings order or”.
(5) For paragraph 9A (power of Secretary of State to disclose information to help
court decide whether to apply for benefit deductions) substitute—
“9A (1) The Secretary of State or a Northern Ireland department, or a person
providing services to the Secretar y of State or a Northern Ireland
department, may disclose social security information to a relevant
person.
(1A) Her Majesty’s Revenue and Customs, or a person providing services
to the Commissioners for Her Majesty’s Revenue and Customs, may
disclose finances informat ion to a relevant person.
(1B) The disclosure author ised by sub-paragraph (1 ) or (1A) is disclosure
of the information concerned for the purpose of facilitating the
making, by the relevant court or a fines officer, of any of the
following—
(a) a decision as to whether to make an attachment of earnings
order in respect of P,
(b) a decision as to whether to make an application for benefit
deductions in respect of P, and
(c) such an order or application.
(2) In this paragraph—
“finances information” means information which—
(a) is about a person’s income, gains or capital, and
(b) is held—Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice26
(i) by Her Majesty’s Revenue and Customs, or
(ii) by a person providing services to the
Commissioners for Her Majesty’s Revenue
and Customs in connecti on with the provision
of those services,
or information which is held  with information so held;
“social security information” means information which is held
for the purposes of functions relating to social security—
(a) by the Secretary of State or a Northern Ireland
Department, or
(b) by a person providing services to the Secretary of
State, or a Northern Ireland Department, in
connection with the prov ision of those services,
or information which is held  with information so held.
(2A) The reference in sub-paragraph (2 ) to functions relating to social
security includes a reference to functions relating to any of the
matters listed in section 127(8) of the Welfare Reform Act 2012
(statutory payments an d maternity allowances).
(3) In this paragraph “relevant person” means a person who is
appointed by the Lord Chancellor under section 2(1) or provided
under a contract made by virtue of section 2(4).”
(6) In paragraph 9B(1) (limit s on onward disclosure)—
(a) for “9A(3)” subs titute “9A”, and
(b) for the words after “making” substi tute “, by the relevant court or a
fines officer, of such a decision, order or application as is mentioned in
paragraph 9A(1B).”
(7) In paragraph 9B(2)(b) (use of inform ation 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)”.
(8) In paragraph 9B(3) (disclos ures that are not unlawful)—
(a) in paragraph (a) (disclosure in ac cordance with order of a court etc)
after “order of a court” insert “or of  a tribunal establ ished by or under
an Act”, and
(b) in paragraph (b) (disclosure of  information previously lawfully
disclosed) after “disclose” insert “or use—
(i) any information which is in the form of a
summary or collection of information so
framed as not to enable information relating
to any particular person to be ascertained
from it, or
(ii) ”.
(9) In paragraph 9B(5) (offence of wrongf ul use or disclosure of disclosed
information punishable on summary conv iction by a fine not exceeding level
4) for the words from “liable” to the end substitute “liable—
(a) on conviction on indictment—
(i) to imprisonment for a term  not exceeding 2 years, or
(ii) to a fine, orCrime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice27
(iii) to both;
(b) on summary conviction—
(i) to imprisonment for a term  not exceeding 12 months,
or
(ii) to a fine not exceeding the statutory maximum, or
(iii) to both.”
(10) In paragraph 9B after sub-paragraph (5) insert—
 “(6) Sub-paragraph (5)(b) applies in  relation to offences committed
before the commencement of sectio n 154(1) of the Criminal Justice
Act 2003 (general limit on power of magistrates’ courts to impose
imprisonment) as if the reference to 12 months were a reference to 6
months.
(7) A prosecution for an offenc e under sub-paragraph (2) may be
instituted only by or with the consent of the Director of Public
Prosecutions.”
(11) Omit paragraph 9C(2) and  (4) (meaning of “benefit  status” and “prescribed”).
(12) In paragraph 9C (interpretation etc of paragraphs 9A and 9B)—
(a) in sub-paragraph (1) for “This paragraph applies” substitute “Sub-
paragraphs (3) and (3A) apply”, and
(b) after sub-paragraph (3) insert—
 “(3A) “Relevant court” has the same meaning as in Part 3 of this
Schedule.
(3B) In paragraphs 9A and 10 (as in  the provisions of this Schedule
which extend to England and Wales only)—
“fines officer” has the meaning given by section 36;
“P” has the meaning given by paragraph 1.”
(13) 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).
(14) Accordingly, in section 111(1) of the Courts Act 2003 (subject to subsections (2)
and (3), Act extends to England and Wa les 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)”.
28 Disclosure of information for calcul ating fees of courts, tribunals etc
(1) 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.
(2) 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 fina nces information to a relevant person who wants tax
credit information or finances information in connection with deciding a fee-
remission application.
(3) Information disclosed to a relevant  person under subsection (1) or (2)—Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice28
(a) must not be further disclosed, except to another relevant person who
wants social security information, tax credit information or finances
information in connection with de ciding a fee-remission application,
and
(b) must not be used othe rwise than in connection with deciding a fee-
remission application.
(4) Subsection (3) does not prohibit—
(a) disclosure or use of information wh ich is in the form of a summary or
collection of information so framed as not to enable information
relating to any particular person to be ascertained from it;
(b) disclosure or use of information wh ich has previously been disclosed to
the public with lawful authority;
(c) disclosure or use of information so far as necessary to comply with—
(i) an order of a court,
(ii) an order of a tribunal esta blished by or under an Act, or
(iii) a duty imposed by or unde r an Act or Northern Ireland
legislation.
(5) It is an offence for a pe rson to disclose or use information in contravention of
subsection (3).
(6) It is a defence for a person charged with an offence unde r subsection (5) to
prove that the person reas onably believed that the di sclosure or use concerned
was lawful.
(7) A person guilty of an offenc e under subsection (5) is liable—
(a) on conviction on indictment—
(i) to imprisonment for a term not exceeding 2 years, or
(ii) to a fine, or
(iii) to both;
(b) on summary conviction—
(i) to imprisonment for a period not exceeding 12 months, or
(ii) to a fine not exceeding the statutory maximum, or
(iii) to both.
(8) Subsection (7)(b) applies—
(a) in England and Wales in relation to offences committed before the
commencement of section 154(1) of the Criminal Justice Act 2003
(general limit on magistrates’ court’s power to impose imprisonment),
and
(b) in Northern Ireland,
as if the reference to 12 months were a reference to 6 months.
(9) A prosecution for an o ffence under su bsection (5)—
(a) may be instituted in England and Wales only by or with the consent of
the Director of Pub lic Prosecutions, and
(b) may be instituted in Northern Irelan d only by or with the consent of the
Director of Public Prosecutions for Northern Ireland.
(10) In this section—
“fee-remission application” means an application for any relief available
to recipients of a social security be nefit, or tax credit, from fees under
any of—Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice29
(a) section 92 of the Cour ts Act 2003 (court fees),
(b) section 52 of the Constitutional Reform Act 2005 (Supreme
Court fees),
(c) section 54 of the Mental Capaci ty Act 2005 (Court of Protection
fees),
(d) section 58 of that Ac t (Public Guardian fees),
(e) section 42 of the Tribunals,  Courts and Enforcement Act 2007
(tribunal fees),
(f) paragraph 9 of Schedule 12 to the Commonhold and Leasehold
Reform Act 2002 (leasehold  valuation tribunal fees),
(g) paragraph 11 of Schedule 13 to the Housing Act 2004
(residential property tribunal fees), and
(h) section 7 of the Gender Recognition Act 2004 (Gender
Recognition Panel fees);
“finances information” means information which—
(a) is about a person’s income, gains or capital, and
(b) is held—
(i) by Her Majesty’s Revenue and Customs, or
(ii) by a person providing serv ices to the Commissioners for
Her Majesty’s Revenue and Customs, in connection
with the provision of those services;
“relevant person” means—
(a) the Lord Chancellor,
(b) the Secretary of State,
(c) a person providing services to the Lord Chancellor or to the
Secretary of State,
(d) any of the officers or st aff of the Supreme Court, or
(e) any of the officers or staff of, or a person provid ing 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 rela ting to social security—
(a) by the Secretary of State or a Northern Ireland Department, or
(b) 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—
(a) by Her Majesty’s Revenue and Customs, or
(b) by a person providing services  to the Commissioners for Her
Majesty’s Revenue and Customs, in connection with the
provision of those services.
29 Supreme Court chief executive, officers and staff
(1) For section 48(2) of the Constitutional Reform Act 2005 (chief executive of the
Supreme Court to be appointed by Lord  Chancellor after co nsulting President
of the Court) substitute—
“(2) It is for the President of the Co urt to appoint the chief executive.”Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice30
(2) Section 49 of that Act (officers and staff of the Su preme Court) is amended as
follows.
(3) In subsection (2) (n umber of officers and staff, an d their terms, are for the chief
executive but subject to the provision in subsection (3) about application of
civil service pension arrangements)—
(a) for “these matters with the ag reement of the Lord Chancellor—”
substitute “the following matters—”, and
(b) for “subsection” substitu te “subsections (2A) and”.
(4) After subsection (2) insert—
“(2A) Service as the chief executive of the Court, and service as an officer or
staff appointed under subsection (1), is  service in the civil service of the
State.”
(5) In subsection (3) (civil service pension arrangem ents apply to chief executive,
officers and staff) for “The” at the be ginning substitute “Accordingly, the”.
30 Supreme Court security officers
(1) In Part 3 of the Constitutional Reform Act 2005 (the Supreme Court) after
section 51 insert—
“Court security
51A Security officers
(1) A Supreme Court security officer is a person who is—
(a) appointed by the President of the Supreme Court under section
49(1) or provided under a contract, and
(b) designated by the President as a Supreme Court security officer.
(2) The President may gi ve directions as to—
(a) training courses to be completed by Supreme Court security
officers;
(b) conditions to be met before a person may be designated as a
Supreme Court security officer.
(3) For the purposes of sections 51 B to 51E, a Supreme Court security
officer who is not readily identifiab le as such (whether by means of
uniform or badge or otherwise) is not to be regarded as acting in the
execution of the officer’s duty.
(4) In those sections “court building” means any building—
(a) where the business of the Su preme Court, or of the Judicial
Committee of the Privy Coun cil, is carried on, and
(b) to which the public has access.
51B Powers of search, exclus ion, removal and restraint
(1) A Supreme Court security officer acti ng in the execution of the officer’s
duty may search—
(a) any person who is in, or seek ing to enter, a court building, and
(b) any article in the poss ession of such a person.Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice31
(2) Subsection (1) does not authorise a Supreme Court security officer to
require a person to remove any of the person’s clothing other than a
coat, jacket, headgear, gloves or footwear.
(3) A Supreme Court security officer acti ng in the execution of the officer’s
duty may exclude or remove from a co urt building, or a part of a court
building, any person who refuses—
(a) to permit a search un der subsection (1), or
(b) to surrender an article in the person’s possession when asked to
do so under section 51C(1).
(4) A Supreme Court security officer acti ng in the execution of the officer’s
duty may—
(a) restrain any person who is in a court building, or
(b) exclude or remove any person from a court building, or a part
of a court building,
if it is reasonably necessary to do  so for one of the purposes given in
subsection (5).
(5) The purposes are—
(a) enabling business of the Supr eme Court, or of the Judicial
Committee of the Privy Council, to be carried on without
interference or delay;
(b) maintaining order;
(c) securing the safety of any person in the court building.
(6) A Supreme Court security officer acti ng in the execution of the officer’s
duty may remove any person from  a courtroom at the request of—
(a) a judge of the Supreme Court, or
(b) a member of the Judicial Committee of the Privy Council.
(7) The powers given by subsections (3 ), (4) and (6) include power to use
reasonable force, where necessary.
51C Surrender, seizure and reten tion of knives and other articles
(1) If a Supreme Court security office r acting in the execution of the
officer’s duty reasonably believes that  an article in the possession of a
person who is in, or seeking to en ter, a court building ought to be
surrendered on any of the grounds gi ven in subsection (2), the officer
must ask the person to surrender the article; and, if the person refuses
to surrender the article, the officer may seize it.
(2) The grounds are that the article—
(a) may jeopardise the maintenanc e of order in the court building
(or a part of it),
(b) may put the safety of any person  in the court building at risk, or
(c) may be evidence of, or in relation to, an offence.
(3) Subject to subsection  (4), a Supreme Court security officer may retain
an article which was—
(a) surrendered in response to a request under subsection (1), or
(b) seized under that subsection,
until the time when the person wh o surrendered it, or from whom it
was seized, is leaving the court building.Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice32
(4) If a Supreme Court security officer reasonably believes that the article
may be evidence of, or in relation to, an offence, the officer may retain
it until—
(a) the time when the person who surrendered it, or from whom it
was seized, is leaving the court building, or
(b) the end of the permitted period,
whichever is the later.
(5) In subsection (4) “t he permitted period” me ans such period, not
exceeding 24 hours from the time the article was surrendered or seized,
as will enable the Supreme Court secu rity officer to draw the article to
the attention of a constable.
(6) Subsections (3) to (5) do  not apply where a knife is—
(a) surrendered to a Supreme Court security officer in response to
a request under subsection (1), or
(b) seized by a Supreme Court security officer under that
subsection,
but, instead, the knife must be reta ined in accordance with regulations
under section 51D(3) unless returned or disposed of in accordance with
those regulations or regula tions under section 51D(1).
(7) If a Supreme Court security office r reasonably believes that a retained
knife may be evidence of, or in re lation to, an offence, nothing in
subsection (6) prevents the officer retaining the knife for so long as
necessary to enable the officer to draw  it to the attention of a constable.
(8) In this section “knife” includes—
(a) a knife-blade, and
(b) any other article which—
(i) has a blade or is sharply pointed, and
(ii) is made or adapted for use for causing injury to the
person.
51D Regulations about retention of knives and other articles
(1) The Lord Chancellor may by re gulations make provision as to—
(a) the provision to persons—
(i) by whom articles have been surrendered in response to
a request under subsection (1) of section 51C, or
( i i ) f r o m  w h o m  a r t i c l e s  h a v e  b e e n  s e i z e d  u n d e r  t h a t
subsection,
of written information about the powers of retention of
Supreme Court security officers,
(b) the keeping of records abou t articles which have been so
surrendered or seized,
(c) the period for which unclaimed articles have to be kept, and
(d) the disposal of unclaimed arti cles at the end of that period.
(2) In subsection (1) “unclaim ed article” means an article—
(a) which has been retained under section 51C,
(b) which a person is enti tled to have returned,
(c) which has not been returned, and
(d) whose return has not been requested by a person entitled to it.Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice33
(3) Without prejudice to the genera lity of subsection (1), the Lord
Chancellor must by  regulations make provision as to—
(a) the procedure to be followed when a knife is retained under
section 51C;
( b ) t h e  m a k i n g  o f  r e q u e s t s  b y  e l i g i b l e  p e r s o n s  f o r  t h e  r e t u r n  o f
knives so retained;
(c) the procedure to be followed  when returning a knife pursuant
to a request made in accord ance with th e regulations.
(4) In subsection (3)—
“eligible person”, in re lation to a knife retained under section 51C,
means—
(a) the person who surrendere d the knife under subsection
(1) of section 51C or from whom the knife was seized
under that subsection, or
(b) any other person specified in regulations under
subsection (3);
“knife” has the same meaning as in section 51C.
51E Assaulting and obstructing Supreme Court security officers
(1) Any person who assaults a Supreme Court security officer acting in the
execution of the officer’s duty commits an offence.
(2) A person guilty of an offence unde r subsection (1) is liable on summary
conviction—
(a) to imprisonment for a term not exceeding 12 months, or
(b) to a fine not exceeding level 5 on the standard scale, or
(c) to both.
(3) Subsection (2) applies—
(a) in England and Wales in relation to offences committed before
the commencement of section 154(1)  of the Criminal Justice Act
2003 (general limit on magistrates’ court’s power to impose
imprisonment), and
(b) in Northern Ireland,
as if the reference to 12 months were a reference to 6 months.
(4) A person who resists or wilfully obstructs a Supreme Court security
officer acting in the execution of th e officer’s duty commits an offence.
(5) A person guilty of an offence unde r subsection (4) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.”
(2) In section 48(3)(a) of the Constitutional Reform Act 2005 (delegation of
President’s functions to ch ief executive) after “under  section 49(1)” insert “or
51A(1)(a) or (b)”.
31 Making, and use, of recordings of Supreme Court proceedings
(1) Section 9 of the Contempt of Court Ac t 1981 (recording of court proceedings)
is amended as follows.Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice34
(2) After subsection (1) insert—
“(1A) In the case of a recording of Supreme Court proceedings, subsection
(1)(b) does not apply to its publicatio n or disposal with the leave of the
Court.” 
(3) In subsection (2) (leave under subsection (1)(a): gr ant, refusal, conditions,
withdrawal and amendment)—
(a) after “paragraph (a) of subsection  (1)” insert “, or under subsection
(1A),”,
(b) for “if granted may” substitute “if granted—
(a) may, in the case of leave under subsection  (1)(a),”, and
(c) after “leave; and” insert—
“(b) may, in the case of leave under subsection (1A), be
granted subject to such conditions as the Supreme Court
thinks proper with respect to publication or disposal of
any recording to whic h the leave relates;
and”.
(4) In subsection (1) (activit ies which are contempt of court) after paragraph (c)
insert—
“(d) to publish or dispose of any recording in contravention of any
conditions of leave grante d under subsection (1A).”
32 Enabling the making, and use, of films and other recordings of proceedings
(1) 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—
(a) does not apply in relation to the making of a recording or the making
of a prescribed recording;
(b) does not apply in relation to the making of a recording, or the making
of a prescribed recording, if prescr ibed conditions are met, including
conditions as to a court or tribunal  or any other pers on being satisfied
as to anything or agreeing;
(c) does not apply in relation to pres cribed use of a prescribed recording.
(2) Those sections are—
(a) section 41 of the Criminal Justice Act 1925 (no photography or drawing
in court of persons involved in proceedings, and no publication of
contravening images);
(b) section 9 of the Contempt of Court Act 1981 (no sound recording in
court without permissi on, and no public playing of recordings).
(3) In the case of any particular proceedin gs 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—
(a) direct that a provision disapplied in  relation to the proceedings by an
order under subsection (1 ) is, despite the order, to apply in relation to
the proceedings, or
(b) direct that a provision disapplied in  relation to the proceedings by an
order under subsection (1) is, despit e the order, disapplied in relation
to the proceedings only if conditions  specified in the direction are met.
(4) No appeal may be made against—Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice35
(a) a direction given un der subsection (3), or
(b) a decision not to give a di rection under that subsection.
(5) In this section—
“recording” means a visual or sound recording on any medium, including
(in particular)—
(a) films and other video-record ings, with or without sound,
(b) other photographs, and
(c) sketches and portraits;
“prescribed” means prescribed by  an order under subsection (1).
(6) The preceding provisions of this sect ion do not apply in relation to Supreme
Court proceedings.
(7) In section 41 of the Criminal Justic e Act 1925 after subsection (1) insert—
“(1A) See section 32 of the Crime and Courts Act 2013 for power to provide
for exceptions.”
(8) In section 9 of the Contempt of Court Act 1981 after subsection (4) insert—
“(5) See section 32 of the Crime and Courts Act 2013 for power to provide
for further exceptions.”
33 Abolition of scandalising the judiciar y as form of contempt of court
(1) Scandalising the judiciary (also refe rred 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.
(2) That abolition does not prevent proceedings for contempt of court being
brought against a person for conduct th at immediately before that abolition
would have constituted both scandalisin g the judiciary and some other form of
contempt of court.
Publishers of news-related material: damages and costs
34 Awards of exemplary damages
(1) This section applies where—
(a) a relevant claim is made against a person (“the defendant”),
(b) the defendant was a relevant publisher at the material time,
(c) the claim is related to the public ation of news-related material, and
(d) the defendant is found liab le in respect of the claim.
(2) 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.
(3) But the court may disr egard subsection (2) if—
(a) the approved regulator imposed a penalty on the defendant in respect
of the defendant’s conduct or decided not to do so, 
(b) the court considers, in light of the information available to the
approved regulator when imposing  the penalty or deciding not toCrime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice36
impose one, that the regulator was manifestly irrational in imposing
the penalty or deciding not to impose one, and
(c) the court is satisfied that, but for subsection (2), it would have made an
award of exemplary damages under this section against the defendant.
(4) Where the court is not prevented from making an award of exemplary
damages by subsection (2) (whether beca use that subsection does not apply or
the court is permitted to disregard that subsection as a result of subsection (3)),
the court—
(a) may make an award of exemplary damages if it considers it
appropriate to do so in all the circumstances of the case, but
(b) may do so only under this section.
(5) Exemplary damages may be awarded un der this section only if they are
claimed.
(6) Exemplary damages may be awarded un der this section only if the court is
satisfied that—
(a) the defendant’s conduct has shown a deliberate or reckless disregard of
an outrageous nature fo r the claimant’s rights, 
(b) the conduct is such that the cour t should punish the defendant for it,
and
(c) other remedies would not be ad equate to punish  that conduct.
(7) Exemplary damages may be awarded under this section whether or not
another remedy is granted.
(8) The decision on the question of—
(a) whether exemplary damages are to be awarded under this section, or
(b) the amount of such damages,
must not be left to a jury.
35 Relevant considerations
(1) This section applies where the court is deciding whether the circumstances of
the case make it appropriate for ex emplary damages to be awarded under
section 34.
(2) 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 o ffence involving the conduct complained
of.
(3) The court must take account of the following—
( a ) w h e t h e r  m e m b e r s h i p  o f  a n  a p p r o v ed regulator was available to the
defendant at the material time;
(b) if such membership was available, the reasons for the defendant not
being a member;
(c) so far as relevant in the case of the conduct complained of, whether
internal compliance procedures of a satisfactory nature were in place
and, if so, the extent to which they were adhered to in that case.
(4) The reference in subsec tion (3)(c) to “internal co mpliance procedures” being in
place is a reference to any procedures put in place by the defendant for the
purpose of ensuring that—Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice37
(a) material is not obtained by or on behalf of the defendant in an
inappropriate way, and
(b) material is not published by the defendant in inappropriate
circumstances.
(5) The court may regard de terring the defendant and others from similar conduct
as an object of punishment.
(6) This section is not to be read as limiti ng the power of the court to take account
of any other matters it considers relevant to its decision.
36 Amount of exemplary damages
(1) This section applies where the cour t decides to award exemplary damages
under section 34.
(2) The court must have regard to these principles in determ ining the amount of
exemplary damages—
(a) the amount must not be more than the minimum needed to punish the
defendant for the conduct complained of;
(b) the amount must be proportionat e to the seriousness of the conduct.
(3) The court must take account of thes e matters in determ ining the amount of
exemplary damages—
(a) the nature  and ext ent  of any loss or harm caused,  or int ende d to be
caused, by the defendant’s conduct;
(b) the nature and extent of any benefit the defendant derived or intended
to derive from such conduct.
(4) The court may regard de terring the defendant and others from similar conduct
as an object of punishment.
(5) This section is not to be read as limiti ng the power of the court to take account
of any other matters it considers relevant to its decision.
37 Multiple claimants
(1) This section applies where a relevant publisher—
(a) is a defendant to a relevant claim, and
(b) is found liable to two or more persons in respect of the claim (“the
persons affected”).
(2) In deciding whether to award exempl ary damages under section 34 or the
amount of such damages to award (whe ther 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.
(3) But the court may take account of any such settlement or compromise only if
the defendant agrees.
(4) If the court awards exemplary damages un der section 34 to two or more of the
persons affected, the total amount awar ded must be such that it does not
punish the defendant excessively.
(5) If the court awards exemplary damages un der section 34 to one or more of the
persons affected, no later claim may be made for exemplary damages as
regards the conduct.Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice38
38 Multiple defendants
(1) Any liability of two or more pers ons for exemplary da mages awarded under
section 34 is several (and no t joint or joint and several).
(2) Subsection (1) has effect su bject to the law relating to  the liability of a partner
for the conduct of another partner.
(3) 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 Liab ility (Contribution) Act 1978.
39 Awards of aggravated damages
(1) This section applies where—
(a) a relevant claim is made against a person (“the defendant”),
(b) the defendant was a relevant publisher at the material time,
(c) the claim is related to the public ation of news-related material, and
(d) the defendant is found liab le in respect of the claim.
(2) Aggravated damages may be awar ded against the defendant only to
compensate for mental distress and not for purposes of punishment.
(3) In this section, “aggravated damages” means damages that were commonly
called aggravated before the pa ssing of this Act and which—
(a) are awarded against a person in respect of the person’s motive or
exceptional conduct, but
(b) are not exemplary damages or restitutionary damages.
(4) Nothing in this section is to be read as implying that, in cases where this section
does not apply, aggravated damage s may be awarded for purposes of
punishment.
40 Awards of costs
(1) This section applies where—
(a) a relevant claim is made against a person (“the defendant”),
(b) the defendant was a relevant publisher at the material time, and
(c) the claim is related to the publ ication of news-related material.
(2) If the defendant was a member of an a pproved regulator at the time when the
claim was commenced (or was unable to be a member at that time for reasons
b e y o n d  t h e  d e f e n d a n t ’ s  c o n t r o l  o r  i t  w o u l d  h a v e  b e e n  u n r e a s o n a b l e  i n  t h e
circumstances for the defendant to have be en a member at that time), the court
must not award costs against the defendant unless satisfied that—
(a) the issues raised by the claim coul d not have been resolved by using an
arbitration scheme of the approved regulator, or
(b) it is just and equitable in all the ci rcumstances of the case to award costs
against the defendant.
(3) If the defendant was not a member of an approved regulator at the time when
the claim was commenced (but would have been able to be a member at that
time and it would have been reasonable  in the circumstances  for the defendant
to have been a member at that time),  the court must award costs against the
defendant unless satisfied that—Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice39
(a) the issues raised by the claim coul d not have been resolved by using an
arbitration scheme of the approved  regulator (had the defendant been
a member), or
(b) it is just and equitable in all the circumstances of the case to make a
different award of costs or make no award of costs.
(4) The Secretary of State must take steps to put in place arrangements for
protecting the position in costs of parties to relevant claims who have entered
into agreements under section 58 of the Courts and Legal Services Act 1990.
(5) This section is not to be read as li miting any power to make rules of court.
(6) This section does not apply until such time as a body is first recognised as an
approved regulator.
41 Meaning of “relevant publisher”
(1) In sections 34 to 40, “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— 
(a) which is written by different authors, and 
(b) which is to any extent subject to editorial control.
This is subject to subsections (5) and (6).
(2) News-related material is “subject to editorial control” if there is a person
(whether or not the publisher of the ma terial) who has editorial or equivalent
responsibility for—
(a) the content of the material, 
(b) how the material is to be presented, and
(c) the decision to publish it.
(3) A person who is the operator of a website is not to be taken as having editorial
or equivalent responsibility for the decisi on to publish any material on the site,
or for content of the material, if the pers on did not post the material on the site.
(4) The fact that the operator of the webs ite may moderate statements posted on it
by others does not matter for the purposes of subsection (3).
(5) A person is not a “relevant publisher” if the person is specified by name in
Schedule 15.
(6) 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.
(7) But a person who is not a “relevant publisher” as a result of paragraph 8 of that
S c h e d u l e  ( m i c r o - b u s i n e s s e s )  i s  n e v e r t h e l e s s  t o  b e  r e g a r d e d  a s  s u c h  i f  t h e
person was a member of an approved regulator at the material time.
42 Other interpretative provisions
(1) This section applies for the purposes of sections 34 to 41.
(2) “Approved regulator” means a body recognised as a re gulator of relevant
publishers.Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice40
(3) 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.
(4) “Relevant claim” means a civil claim ma de in respect of any of the following—
(a) libel;
(b) slander;
(c) breach of confidence;
(d) misuse of private information;
(e) malicious falsehood;
(f) harassment.
(5) For the purposes of subsection (4)—
(a) the reference to a claim made in  respect of the misuse of private
information does not incl ude a reference to a claim made by virtue of
section 13 of the Data Protection Act 1998 (damage or distress suffered
as a result of a contravention of a requirement of that Act);
(b) the reference to a claim made in respect of harassment is a reference to
a claim made under the Protection from Harassment Act 1997.
(6) The “material time”, in relation to a relevant claim, is the time of the events
giving rise to the claim.
(7) “News-related material” means—
(a) news or information about current affairs,
(b) opinion about matters relating to the news or current affairs, or
(c) gossip about celebritie s, other public figures or other persons in the
news.
(8) A relevant claim is related to the publ ication of news-related material if the
claim results from—
(a) the publication of news-related material, or
(b) activities carried on in connection with the publication of such material
(whether or not the material  is in fact published).
(9) A reference to the “publication” of material is a reference to publication—
(a) on a website,
(b) in hard copy, or
(c) by any other means;
and references to a person who “publishes” material are to be read accordingly.
(10) A reference to “conduct” includes a re ference 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.
Self-defence
43 Use of force in self-defence at place of residence
(1) Section 76 of the Criminal Justice and  Immigration Act 2008 (use of reasonable
force for purposes of self-defen ce etc) is amended as follows.Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice41
(2) Before subsection (6) (force not regarded as reasonable if it was
disproportionate) insert—
“(5A) In a householder case, the degree of force used by D is not to be
regarded as having been reasonable in the circumstances as D believed
them to be if it was grossly dispro portionate in those circumstances.”
(3) In subsection (6) at the beginning insert “In a case other than a householder
case,”.
(4) After subsection (8) insert—
“(8A) For the purposes of this section “a householder case” is a case where—
(a) the defence concerned is the common law defence of self-
defence,
(b) the force concerned is force used  by D while in or partly in a
building, or part of a building, t h at  i s a  d w e l li n g  o r  i s f o r ce s
accommodation (or is both),
(c) D is not a trespasser at th e time the force is used, and
(d) at that time D believed V to be in, or entering, the building or
part as a trespasser.
(8B) Where—
(a) a part of a building is a dwelling where D dwells,
(b) another part of the building is  a place of work for D or another
person who dwells in the first part, and
(c) that other part is internally accessible from the first part,
that other part, and any internal means of access between the two parts,
are each treated for the purposes of  s u b s e c t i o n  ( 8 A )  a s  a  p a r t  o f  a
building that is a dwelling.
(8C) Where—
(a) a part of a building is forces  accommodation that is living or
sleeping accommodation for D,
(b) another part of the building is  a place of work for D or another
person for whom the first part is living or sleeping
accommodation, and
(c) that other part is internally accessible from the first part,
that other part, and any internal means of access between the two parts,
are each treated for the purposes of  s u b s e c t i o n  ( 8 A )  a s  a  p a r t  o f  a
building that is forces accommodation.
(8D) Subsections (4) and (5) apply for th e purposes of subsection (8A)(d) as
they apply for the purpos es of subsection (3).
(8E) The fact that a person derives title from a trespasser, or has the
permission of a trespass er, does not prevent the person from being a
trespasser for the purpos es of subsection (8A).
(8F) In subsections (8A) to (8C)—
“building” includes a vehicle or vessel, and
“forces accommodation” means se rvice living accommodation for
the purposes of Part 3 of the Ar med Forces Act 20 06 by virtue of
section 96(1)(a) or (b) of that Act.”Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice42
(5) In subsection (9) (section intended to be clarificatory) after “This section” insert
“, except so far as making different provision for householder cases,”.
(6) An amendment made by this section do es not apply in respect of force used
before the amendment comes into force.
Community and other non-custodial sentencing
44 Dealing non-custodially with offenders
Schedule 16 (which makes provision about community orders, restorative
justice, community requir ements in suspended sent ence orders, compensation
orders and fines etc) has effect.
Deferred prosecution agreements
45 Deferred prosecution agreements
Schedule 17 makes provision about deferred prosecution agreements.
Proceeds of crime
46 Restraint orders and legal aid
(1) Section 41 of the Proceeds of Crime Act 2002 (confiscation in England and
Wales: restraint orders) is amended in accordance with subsections (2) to (6).
(2) After subsection (2) insert—
“(2A) A restraint order must be made subject to an exception enabling
relevant legal aid payments to be  made (a legal aid exception).
(2B) A relevant legal aid payment is a payment that the specified person is
obliged to make—
(a) by regulations under section 23 or 24 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012, and
(b) in connection with services provided in relation to an offence
which falls within subsection (5),
whether the obligation to make the payment arises before or after the
restraint order is made.”
(3) In subsection (3)—
(a) after “subject to” insert “other”, and
(b) omit paragraph (c).
(4) In subsection (4), for “But an exception to a restraint order” substitute “But
where an exception to a restraint orde r is made under su bsection (3), it”.
(5) After subsection (5) insert—
“(5A) A legal aid exception— 
(a) must be made subject to prescribed restrictions (if any) on— 
(i) the circumstances in which payments may be made in
reliance on the exception, orCrime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice43
(ii) the amount of the paym ents that may be made in
reliance on the exception,
(b) must be made subject to othe r prescribed conditions (if any),
and
(c) may be made subject to other conditions.
(5B) Any other exception to a restraint order may be made subject to
conditions.”
(6) After subsection (9) insert—
“(10) In this section “prescribed” mean s prescribed by regulations made by
the Secretary of State.”
(7) In section 459 of that Act (orders and regulations)—
(a) in subsection (4)(a), after “s ection” insert “41(5A),”, and
(b) in subsection (6)(a), afte r “section” insert “41(5A),”.
47 Restraint orders and legal aid: supplementary
(1) The Secretary of State may by regulations—
(a) make provision about th e making of relevant legal aid payments out of
property that is the subject of a restraint order under Part 2 of the
Proceeds of Crime Act 2002 (“the 2002 Act”), and
(b) make provision in connection with  cases in which such payments are
or may be made out of such property,
whether by modifying the operation of Part 2 of the 2002 Act or Chapter 1, 2 or
4 of Part 8 of that Act or otherwise.
(2) The provision that may be made by regulations under this section includes—
(a) provision about how much property may be subject to a restraint order,
including provision made by refere nce to the amount or estimated
amount of relevant legal aid payments;
(b) provision for a restraint order or other order under Part 2 of the 2002
Act to remain in force, where a relevant legal ai d payment remains
unpaid, in circumstances in which the order would otherwise have to
be discharged;
(c) provision about powers of investig ation for the purpose of identifying
property that may be used to ma ke relevant lega l aid payments,
including powers exercisable wher e an order continues in force in
accordance with provision described in paragraph (b);
(d) provision about the use of property in cases in which there is or has
been a restraint order, including provision about the order in which
different obligations to make paym ents may or must be satisfied in
such cases;
(e) provision about powers of  entry, search and seizure;
(f) provision about the payment of comp ensation by the Lord Chancellor;
(g) provision about the disclosure and use of documents, information and
other evidence.
(3) The provision that may be made by regulations under this section (whether by
virtue of this section or  section 58(12)) includes—
(a) provision conferring, removing or otherwise modi fying a function;Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice44
(b) provision amending, repealing, revoking or otherwise modifying
provision made by or under any enactment (including provision
inserted or amended by this Act).
(4) In this section— 
“function” means a function of any description, including a power or duty
(whether conferred by an enac tment or arising otherwise);
“property” has the same meaning as in Part 2 of the 2002 Act;
“relevant legal aid payment” means—
(a) a payment that is a relevant legal aid payment for the purposes
of section 41 of the 2002 Act, and
(b) a payment that would be such  a payment if a restraint order
were made.
(5) In subsection (2 )(a) and (c) the references to  relevant legal aid payments
include any payment that is likely to be  a relevant legal aid payment when the
obligation to make the payment arises.
48 Civil recovery of the proceeds etc of unlawful conduct
(1) Part 5 of the Proceeds of Crime Act 20 02 (civil recovery of the proceeds etc of
unlawful conduct) is amended as follows.
(2) After section 282 insert—
“Scope of powers
282A Scope of powers
(1) An order under this Chapter ma y be made by the High Court in
England and Wales or the Court of Session—
(a) in respect of property wherever situated, and
(b) in respect of a person wherever  domiciled, resident or present,
subject to subsection (2).
(2) Such an order may not be made by the High Cour t in England and
Wales or the Court of Session in respect of—
(a) property that is outsid e the United Kingdom, or
(b) property that is in the United  Kingdom but outside the relevant
part of the United Kingdom,
unless there is or has been a co nnection between the case and the
relevant part of the United Kingdom.
(3) The circumstances in which there is or has been such a connection
include those described in Schedule 7A.
(4) “The relevant part of the United Kingdom” means—
(a) in relation to an order made by the High Court in England and
Wales, England and Wales, and
(b) in relation to an order made by the Court of Session, Scotland.”Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice45
(3) After Schedule 7 insert—
“SCHEDULE 7A Section 282A
CONNECTION  WITH  RELEVANT  PART  OF UNITED  KINGDOM
Unlawful conduct
1 There is a connection where the unlawful conduct occurred entirely
or partly in the relevant part of the United Kingdom.
Property
2 There has been a connection where the property in question has been
in the relevant part of the United Kingdom, but only if it was
recoverable property in relation to the unlawful conduct for some or
all of the time it was there.
3 There is a connection where there is other property in the relevant
part of the United Kingdom that is  recoverable property in relation
to the unlawful conduct.
4 There has been a connection where, at any time, there has been other
property in the relevant  part of the United Kingdom that, at the time,
was recoverable property in rela tion to the unlawful conduct.
Person
5 (1) There is or has been a connection where a person described in sub-
paragraph (2)—
(a) is linked to the relevant part of the United Kingdom,
(b) was linked to that part of the United Kingdom at a time when
the unlawful conduct, or some of the unlawful conduct, was
taking place, or
(c) has been linked to that part of the United Kingdom at any
time since that conduct took place.
(2) Those persons are—
(a) a person whose conduct was,  or was part of, the unlawful
conduct;
(b) a person who was deprived of property by the unlawful
conduct;
(c) a person who holds th e property in question;
(d) a person who has held the prop erty in question, but only if it
was recoverable property in rela tion to the unlawful conduct
at the time;
(e) a person who holds other property that is recoverable
property in relation to  the unlawful conduct;
(f) a person who, at any time, ha s held other property that was
recoverable property in relati on to the unlawful conduct at
the time.
(3) A person is linked to the relevant part of the United Kingdom if the
person is—Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice46
(a) a British citizen, a British over seas territories citizen, a British
National (Overseas) or a British Overseas citizen,
(b) a person who, under the British Nationality Act 1981, is a
British subject,
(c) a British protected person wi thin the meaning of that Act,
(d) a body incorporated or consti tuted under the law of any part
of the United Kingdom, or
(e) a person domiciled, resident or  present in the relevant part of
the United Kingdom.
Property held on trust
6 (1) There is a connection where the pr operty in question is property held
on trust, or an interest in property held on trust, and—
(a) the trust arises under the law of any part of the United
Kingdom,
(b) the trust is entirely or partly  governed by the law of any part
of the United Kingdom,
(c) one or more of the trustees is linked to the relevant part of the
United Kingdom, or
(d) one or more of the beneficiaries of the trust is linked to the
relevant part of the United Kingdom.
(2) A person is linked to the relevant part of the United Kingdom if the
person falls within paragraph 5(3).
(3) “Beneficiaries” includ es beneficiaries with a contingent interest in
the trust property and potential beneficiaries.
Interpretation
7 “The relevant part of the United  Kingdom” has the meaning given in
section 282A(4).
8 “The unlawful conduct” means—
(a) in a case in which the property in question was obtained
through unlawful conduct, that conduct,
(b) in a case in which the prop erty in question represents
property obtained through unla wful conduct, that conduct,
or
(c) in a case in which it is shown that the property in question
was obtained through unlawful  conduct of one of a number
of kinds or represents proper ty so obtained (see section
242(2)(b)), one or more of those kinds of conduct.”
(4) Omit section 286 (scope of powers: Scotland).
(5) In section 316 (general interpretati on), after subsection (8A) insert—
“(8B) An enforcement authority in relation to England and Wales or Scotland
may take proceedings there for an or der under Chapter 2 of this Part in
respect of any property or person , whether or not the property or
person is (or is domiciled, resident or  present) in that part of the United
Kingdom.”Crime and Courts Act 2013 (c. 22)
Part 2 — Courts and Justice47
(6) In Schedule 18 to this Act (proceeds of crime: civil recovery of the proceeds etc
of unlawful conduct)—
(a) Part 1 makes provision about the en forcement of interim orders in the
United Kingdom, and 
(b) Part 2 makes provision about enfo rcement where property or evidence
is outside the United Kingdom.
(7) The amendments made by this sectio n and Part 2 of Schedule 18 are deemed
always to have had effect.
(8) 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, a pply in respect of persons or property
outside the United Kingdom or outsid e a particular part of the United
Kingdom.
49 Investigations
In Schedule 19 (proceeds of crime: investigations)—
(a) Part 1 makes provision about orders and warrants sought under Part 8
of the Proceeds of Crime Act 2002 in connection with civil recovery
investigations,
(b) Part 2 makes provision about ob taining evidence overseas, and
(c) Part 3 makes consequential amendments relating to immigration
officers and to the National Crime Agency.
Extradition
50 Extradition
Schedule 20 (extradition) has effect.
PART 3
MISCELLANEOUS  AND  GENERAL
Border control
51 Immigration cases: appeal rights ; and facilitating combined appeals
(1) In section 84(1)(b) of the Nationa lity, Immigration and Asylum Act 2002
(grounds of appeal: decision unlawful  because of race discrimination etc by
Northern Ireland public authority) after “1997” insert “or by virtue of section
29 of the Equality Act 2010 (discriminatio n in the exercise of public functions
etc) so far as relating to race as defined by section 9(1) of that Act”.
(2) In section 99 of that Act (pending appeals lapse on issue of certificates)—
(a) in subsection (1) (list of provis ions under which certificates may be
issued) omit “96(1) or (2),”, and
(b) in the title, for “96 to” substitute “97 and”.
(3) For section 47(1) of the Immigration, Asylum and Nationality Act 2006
(decision that person is to be removed from the United Kingdom may be madeCrime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general48
while person can brin g appeal) substitute—
“(1) Where the Secretary of State gives written notice of a pre-removal
decision to the person affect ed, the Secretary of State may—
(a) in the document containing that notice,
(b) in a document enclosed in the same envelope as that document,
(c) otherwise on the oc casion when that noti ce is given to the
person, or
(d) at any time after that occasion but before an appeal against the
pre-removal decision is brough t under section 82(1) of the
Nationality, Immigration and Asylum Act 2002,
also give the person written notice that the person is to be removed
from the United Kingdom under this section in accordance with
directions given by an immigration officer if and when the person’s
leave to enter or remain in  the United Kingdom expires.
(1A) In subsection (1) “pre -removal decision” means—
(a) a decision on an application—
(i) for variation of limited leave to enter or remain in the
United Kingdom, and
(ii) made before the leave expires,
(b) a decision to revoke a person’s leave to enter or remain in the
United Kingdom, or
(c) a decision to vary a person’s leave to enter or remain in the
United Kingdom where the variat ion will result in the person
having no leave to enter or re main in the United Kingdom.”
52 Appeals against refusal of en try clearance to visit the UK
(1) Section 88A of the Nationality, Immi gration and Asylum Act 2002 as inserted
by the 2006 Act (appeals against refusal of entry clearance) is amended in
accordance with subsections (3) to (5).
(2) In section 4(1) of the 2006 Act, the section 88A to be inserted into the
Nationality, Immigration and Asylum Ac t 2002 is amended in accordance with
subsections (3) to (5).
(3) In section 88A(1) omit paragraph (a) (power to allow the making of appeals by
certain visitors).
(4) In section 88A(2) omit paragraph (a ) (provision supplem enting subsection
(1)(a)).
(5) In section 88A(2)(c) (provision suppl ementing subsection (1)(a) and (b)) for
“circumstances of the applicant, of the pe rson whom the applicant seeks to visit
or” substitute “circumst ances of the applicant or of the person”.
(6) In section 4(3)(e) of the 2006 Act for “88A(1)(a) or (b)” su bstitute “88A(1)(b)”.
(7) After the coming into force of this su bsection, the power under section 62 of the
2006 Act (power to make commenceme nt orders) so far as exercisable in
relation to section 4(1) of the 2006 Ac t is power to provide for the coming into
force of section 4(1) of the 2006 Act as amended by this section.
(8) In this section “the 2006 Act” means the Immigration, Asylum and Nationality
Act 2006.Crime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general49
53 Restriction on right of appeal from within the United Kingdom
(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.
(2) In section 92 (appeals from within the United Kingdom: general), after
subsection (2) insert—
“(2A) So far as it relates to an immigr ation decision of a kind specified in
section 82(2)(e), subsection (2 ) is subject to section 97B.”
(3) After section 97A insert—
“97B Variation of leave on grounds of public good: rights of appeal
(1) This section applies to an immigratio n decision of a kind referred to in
section 82(2)(e) if the Secretary of St ate, acting in person, certifies that
the decision is or was taken wholly or partly on the ground that it is no
longer conducive to the public good  for the person to have leave to
enter or remain in the United Kingdom.
(2) If the person concerned is outs ide the United Kingdom when the
immigration decision is taken, an appeal under section 82(1) against
that decision may be brought only  from outside the United Kingdom.
(3) Accordingly, the pers on concerned may not enter the United Kingdom
for the purposes of an appeal against that decision and the person’s
appeal against that decision is not one of a kind to which section 92
applies.”
54 Deportation on national security grounds: appeals
(1) Section 97A of the Nationality, Immi gration and Asylum Act 2002 (deportation
on national security grounds: appeal rights) is amended as follows.
(2) After subsection (1) insert—
“(1A) This section also applies where the Secretary of State certifies, in the
case of a person in respect of wh om a deportation order has been made
which states that it is made in ac cordance with section 32(5) of the UK
Borders Act 2007, that the person’s removal from the United Kingdom
would be in the interests of national security.”
(3) For subsection (2)(c) substitute—
“(c) section 2(5) of the Specia l Immigration Appeals Commission
Act 1997 (whether appeals brought against decisions certified
under section 97 may be brou ght from with in the United
Kingdom) does not apply, but see instead the following
provisions of this section.”
(4) After subsection (2) insert—
“(2A) The person while in the United Kingdom may not brin g or continue an
appeal under section 2 of the Special Immigration Appeals
Commission Act 1997—
(a) against the decision to ma ke the deportation order, or
(b) against any refusal to re voke the deportation order,
unless the person has made a huma n rights claim wh ile in the United
Kingdom.Crime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general50
(2B) Subsection (2A) does not allo w the person while in the United
Kingdom to bring or continue an appeal if the Secretary of State
certifies that remo val of the person—
(a) to the country or territory to wh ich the person is proposed to be
removed, and
(b) despite the appeals process not having been begun or not
having been exhausted,
would not breach the United Kin gdom’s obligations under the Human
Rights Convention.
(2C) The grounds upon which a certificate may be given under subsection
(2B) include (in particular)—
(a) that the person would not, before the appeals process is
exhausted, face a real risk of serious irreversible harm if
removed to the country or territory to which the person is
proposed to be removed;
(b) that the whole or part of any human rights claim made by the
person is clearly unfounded.
(2D) Subsection (2A) does not allo w the person while in the United
Kingdom to bring an appeal on a non-human-rights ground, or to
continue an appeal so far as brought on non-human-rights grounds, if
the Secretary of State certifies that removal of the person—
(a) to the country or territory to wh ich the person is proposed to be
removed, and
(b) despite the appeals process, so far as relating to appeal on non-
human-rights grounds, not having been begun or not having
been exhausted,
would not breach the United Kin gdom’s obligations under the Human
Rights Convention.
(2E) In subsection (2D) “non-hum an-rights ground” means any ground
other than the ground that remova l of the person from the United
Kingdom in consequence of the decisi on to make the deportation order
would be unlawful under section 6 of the Human Rights Act 1998 as
being incompatible with a pe rson’s Convention rights.
(2F) If a certificate in respect of a pers on is given under su bsection (2B), the
person may apply to the Special Immigration Appeals Commission to
set aside the certificate.
(2G) If a person makes an application under subsection (2F) then the
Commission, in determining whether th e certificate should be set aside,
must apply the principles that wo uld be applied in judicial review
proceedings.
(2H) The Commission’s dete rmination of a review under subsection (2F) is
final.
(2J) The Commission may direct that a person who has made and not
withdrawn an application under subsec tion (2F) is not to be removed
from the United Kingdom at a ti me when the review has not been
finally determined by the Commission.
(2K) Sections 5 and 6 of the Special Immigration Appeals Commission Act
1997 apply in relation to review s under subsection (2F) (and toCrime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general51
applicants for such reviews) as they apply in relation to appeals under
section 2 or 2B of that Act (and to persons bringing such appeals).
(2L) Any exercise of power to make rules under section 5 of that Act in
relation to reviews under subsection  ( 2 F )  i s  t o  b e  w i t h  a  v i e w  t o
securing that proceedings on such reviews are handled expeditiously.”
(5) In subsection (3) (appeal against cert ificate under subsec tion (2)(c)(iii)) for
“(2)(c)(iii)” subs titute “(2D)”.
55 Powers of immigration officers
(1) In the Police Act 1997, in section 93 (authorisations to interfere with property
etc: authorising officers), in subsec tion (5), after paragraph (h) insert—
“(ha) an immigration officer who is a senior official within the
meaning of the Regulation of Investig atory Powers Act 2000
and who is designated for the purp oses of this pa ragraph by the
Secretary of State;”.
(2) In the Regulation of Investigatory Powers Act 2000, in section 32(6)
(authorisation of intrusive surveillance : senior authorising officers), after
paragraph (m) insert—
“(ma) a senior official in the department of the Secretary of State by
whom functions relating to i mmigration are exercisable who is
designated for the purposes of this paragraph by the Secretary
of State; and”.
(3) The Proceeds of Crime Act 2002 is amen ded in accordance wi th subsections (4)
and (5).
(4) In the 2002 Act—
(a) in section 47A (search and seizure powers under sections 47B to 47S:
meaning of “appropriate o fficer”), in subsection (1), after paragraph (a)
insert—
“(aa) an immigration officer;”;
(b) in section 127A (search and seizur e powers in Scotland under sections
127B to 127R: meaning of “appropriate officer”), in subsection (1), after
paragraph (a) insert—
“(aa) an immigration officer, or”;
(c) in section 195A (search and seizure powers in Northern Ireland under
sections 195B to 195S: meaning of “appropriate officer”), in subsection
(1), after paragraph (a) insert—
“(aa) an immigration officer, or”.
(5) In section 378 of the 2002 Act (approp riate officers and senior appropriate
officers for the purposes of investig ations under Part 8 of that Act)—
(a) in subsection (1) (appr opriate officers for conf iscation investigations),
after paragraph (d) insert—
“(e) an immigration officer.”;
(b) in subsection (2) (senior appr opriate officers for confiscation
investigations), after paragraph (c) insert—
“(ca) an immigration officer who is not below such grade as is
designated by the Secretary of  State as equivalent to that
rank;”;
(c) in subsection (3A) (appropri ate officers fo r detained cashCrime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general52
investigations), after paragraph (b) insert—
“(c) an immigration officer.”;
(d) in subsection (4) (appropriat e officers for money laundering
investigations), after paragraph (c) insert—
“(d) an immigration officer.”;
(e) in subsection (6) (senior appropri ate officers in relation to money
laundering investigations), after paragraph (b) insert—
“(ba) an immigration officer who is not below such grade as is
designated by the Secretary of  State as equivalent to that
rank;”.
(6) In the UK Borders Act 2007, in sectio n 24 (seizure of cash by immigration
officers under Proceeds of Crime Act 2002)—
(a) in subsection (2), for para graphs (a) and (b) substitute—
“(a) “unlawful conduct”, in or in relation to section 289,
means conduct which—
(i) relates to the entitlement of one or more persons
who are not nationals of the United Kingdom to
enter, transit across, or be in, the United
Kingdom (including conduct which relates to
conditions or other controls on any such
entitlement), or
(ii) is undertaken for the purposes of, or otherwise
in relation to, a relevant nationality enactment,
and (in either case) constitutes an offence,”;
(b) after subsection (2) insert—
“(2A) In subsection (2)(a )(ii) “relevant nationality enactment” means
any enactment in—
(a) the British Nationality Act 1981,
(b) the Hong Kong Act 1985,
(c) the Hong Kong (War Wives and Widows) Act 1996,
(d) the British Nationality (Hong Kong) Act 1997,
(e) the British Overseas Territories Act 2002, or
(f) an instrument made under any of those Acts.”.
(7) 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).
(8) An immigration officer ma y exercise a power under sections 136 to 139 of the
1994 Act only—
(a) in the exercise of a function whic h relates to the entitlement of one or
more persons who are not nationals of the United Kingdom to enter,
transit across, or be in, the United Kingdom (including a function
which relates to conditions or other controls on any such entitlement),
(b) in exercising a function un der, or for the purposes of—
(i) the British Nationality Act 1981,
(ii) the Hong Kong Act 1985,
(iii) the Hong Kong (War Wives and Widows) Act 1996,
(iv) the British Nationality (Hong Kong) Act 1997,Crime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general53
(v) the British Overseas Territories Act 2002,
(vi) an instrument made under any of those Acts, or
(c) in connection with th e prevention, investigation or prosecution of any
of the following offences (insofar as  that does not involve the exercise
of a function which falls wi thin paragraph (a) or (b))—
(i) an offence under section 26(1)(a),  (b) or (g) of the Immigration
Act 1971 (refusal or failure to submit to examination or to
furnish information etc, or obstruction of immigration officer);
(ii) an offence under section 22 of the UK Borders Act 2007
(assaulting an immigration officer).
(9) The Criminal Law (Consolidation) (Scotland) Act 1995 is amended in
accordance with subsections (10) to (12).
(10) In section 24 of the 1995 Act (detenti on and questioning at office of Revenue
and Customs)— 
(a) in subsection (1), in the words be fore paragraph (a),  for the words from
the beginning to “the officer may” substitute—
“(A1) The powers conferred by subsection (1) are exercisable—
(a) by an officer of Revenue and Customs where the officer
has reasonable grounds for suspecting that a person has
committed or is committing a Revenue and Customs
offence punishable by imprisonment, or
(b) by an immigration offi cer where the officer has
reasonable grounds for suspecting that a person has
committed or is committing an immigration offence or
nationality offence punishable by imprisonment.
(1) The officer may”;
(b) in subsection (1), in th e words after paragraph (b)—
(i) after “Customs” (in the first pl ace) insert “(in a case falling
within subsection (A1)(a)) or police station (in a case falling
within subsecti on (A1)(b)”;
(ii) after “premises” (in the first place) insert “(in either of those
cases)”;
(iii) for “or, as the case may be,” substitute “or police station, or”;
(iv) at the end insert “(as the case may be)”.
(11) In section 26A of the 1995 Act (power of arrest)—
(a) the existing provis ion becomes subsection (1) of section 26A;
(b) in subsection (1), for “an authoris ed officer” substi tute “an authorised
officer of Revenue and Customs”;
(c) after subsection (1) insert—
“(2) Where an authorised immigration officer has reasonable
grounds for suspecting that an immigration offence or
nationality offence or immigr ation enforcement offence has
been or is being committed, the officer may arrest without
warrant any person whom the o fficer has reasonable grounds
for suspecting to be guilty of the offence.
(3) In this section—
(a) “authorised officer of Re venue and Customs” means an
officer of Revenue and Customs acting with theCrime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general54
authority (which may be ge neral or specific) of the
Commissioners for Her Majesty’s Revenue and
Customs;
(b) “authorised immigration officer” means an immigration
officer acting with the auth ority (which may be general
or specific) of the Secretary of State.”
(12) In section 26B of the 1995 Act (interpr etation of Part 3 etc), in subsection (1),
after the definition of “authorised officer” insert—
““immigration offence” means an offence involving conduct
which relates to the entitlement of one or more persons who are
not nationals of the United Kingdom to enter, transit across, or
be in, the United Kingdom (inc luding conduct which relates to
conditions or other controls  on any such entitlement);
“immigration enforcement offence”  means any of the following
offences (insofar as they are not immigration or nationality
offences)—
(a) an offence under section 26 (1)(a), (b) or (g) of the
Immigration Act 1971 (refusal  or failure to submit to
examination or to furnish information etc, or
obstruction of immigration officer);
(b) an offence under section 22 of the UK Borders Act 2007
(assaulting an immigration officer);
“nationality offence” means an offence involving conduct which is
undertaken for the purposes of, or otherwise in relation to, an
enactment in—
(a) the British Nationality Act 1981,
(b) the Hong Kong Act 1985,
(c) the Hong Kong (War Wives and Widows) Act 1996,
(d) the British Nationality (Hong Kong) Act 1997,
(e) the British Overseas Territories Act 2002, or
(f) an instrument made under any of those Acts.”
(13) In the Criminal Procedure (Scotland) Act 1995, in section 307 (interpretation)—
(a) in subsection (1), in the definition  of “officer of law”, after paragraph
(ba) insert—
“(bb) subject to subsection (1AA) below, an
immigration officer acting with the authority
(which may be general or specific) of the
Secretary of State;”;
(b) after subsection (1A) insert—
“(1AA) The inclusion of immigration o fficers as “officers  of law” shall
have effect only in relation to immigration offences and
nationality offences (within the meaning of Part 3 of the
Criminal Law (Consolidation ) (Scotland) Act 1995).”;
(c) in subsection (1B), for the words fr om “this Act” to “had the authority”
substitute “this Act—
(a) a certificate of the Commissioners for Her Majesty’s
Revenue and Customs that an officer of Revenue of
Customs, or
(b) a certificate of the Secretar y of State that an immigration
officer,Crime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general55
had the authority”.
(14) Schedule 21 (powers of immigration officers: further provision) has effect.
Drugs and driving
56 Drugs and driving
(1) After section 5 of the Road Traffic Act 1988 (“the 1988 Act”) insert—
“5A Driving or being in charge of a motor vehicle with concentration of 
specified controlled drug above specified limit
(1) This section applies where a person (“D”)—
(a) drives or attempts to drive a motor vehicle on a road or other
public place, or
(b) is in charge of a motor vehicle on a road or other public place,
and there is in D’s body a specified controlled drug.
(2) D is guilty of an offence if the proportion of the drug in D’s blood or
urine exceeds the specified limit for that drug.
(3) It is a defence for a person (“D” ) charged with an offence under this
section to show that—
(a) the specified controlled drug had been prescribed or supplied
to D for medical or  dental purposes,
(b) D took the drug in accordance with any directions given by the
person by whom the drug was pr escribed or supplied, and with
any accompanying instructions (so far as consistent with any
such directions) given by the manu facturer or distributor of the
drug, and
(c) D’s possession of the drug immediately before taking it was not
unlawful under section 5(1) of the Misuse of Drugs Act 1971
(restriction of possession of controlled drugs) because of an
exemption in regulati ons made under section 7 of that Act
(authorisation of activities ot herwise unlawful under foregoing
provisions).
(4) The defence in subsec tion (3) is not available if D’s actions were— 
(a) contrary to any advice, given by the person by whom the drug
was prescribed or supplied, ab out the amount of time that
should elapse between taking the drug and driving a motor
vehicle, or
(b) contrary to any accompanying instructions about that matter
(so far as consistent with any such advice) given by the
manufacturer or distributor of the drug.
(5) If evidence is adduced that is suffi cient to raise an issue with respect to
the defence in subsection  (3), the court must as sume that the defence is
satisfied unless the prosecution prov es beyond reasonable doubt that it
is not.
(6) It is a defence for a pe rson (“D”) charged with an offence by virtue of
subsection (1)(b) to prove that at  the time D is alleged to have
committed the offence the circumstances were such that there was no
likelihood of D driving the vehicl e whilst the proportion of theCrime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general56
specified controlled drug in D’s blood or urine remained likely to
exceed the specified limit for that drug.
(7) The court may, in determining wh ether there was such a likelihood,
disregard any injury to D and any damage to the vehicle.
(8) In this section, and in sections 3A, 6C(1), 6D and 10, “specified” means
specified in regulations made—
(a) by the Secretary of State, in re lation to driving or attempting to
drive, or being in charge of a vehicle, in England and Wales;
(b) by the Scottish Ministers, in re lation to driving or attempting to
drive, or being in charge of a vehicle, in Scotland.
(9) A limit specified under subsection (2) may be zero.”
(2) In section 11 of the 1988 Act (interpretation of sections 3A to 10), in subsection
(2)— 
(a) before the definition of “drug” insert—
““controlled drug” has the me aning given by section 2 of
the Misuse of Drugs Act 1971,”;
(b) at the end insert—
““specified”, in relation to  a controlled drug, has the
meaning given by section 5A(8)”.
(3) In section 195 of the 1988 Act (provision s as to regulations), in subsection (3),
and in subsections (4) and (4A) (regulations subject to affirmative resolution
procedure), before “8 (3)” inse rt “5A,”.
(4) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences un der the Traffic Acts), afte r the entry beginning “RTA
section 5(1)(b)” insert—
“RTA
section
5A(1)(a)
and (2)Driving or
attempting
to drive with
concentration
of specified
controlled
drug above
specified
limit.Summ-
arily.On conviction in
England and Wales: 
51 weeks or level
5o nt h es t a n d a r d
scale or both.
On conviction in
Scotland:
6 months or level
5o nt h es t a n d a r d
scale or both.Oblig-
atory.Oblig-
atory.3-11
RTA
section
5A(1)(b)
and (2)Being in
charge of a
motor vehicle
with concen-
tration of
specified
controlled
drug above
specified
limit.Summ-
arily.On conviction in
England and Wales: 
51 weeks or level
4o nt h es t a n d a r d
scale or both.
On conviction in
Scotland:
3 months or level
4o nt h es t a n d a r d
scale or both.Discret-
ionary.Oblig-
atory.10”.Crime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general57
(5) 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.
(6) 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.
(7) Schedule 22 (drugs and driving: minor and consequential amendments) has
effect.
Public order
57 Public order offences
(1) The Public Order Act 1986 is amended as follows.
(2) In section 5(1) (harassment, alarm or dist ress) for “, abusive or insulting” in the
two places where it occurs substitute “or abusive”.
(3) In section 6(4) (mental element: miscel laneous) for “, abusive or insulting” in
the two places where it occu rs substitute “or abusive”.
General
58 Orders and regulations
(1) Orders and regulations ma de by the Secretary of State or Lord Chancellor
under this Act are to be made by statutory instrument.
(2) An order made by the Secretary of State under section 2 is subject to super-
affirmative procedure.
(3) Schedule 23 (super-affirmat ive procedure) has effect.
(4) 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) an order under paragraph 33 or 34 of Schedule 3;
(b) regulations under paragraph 5 of Schedule 5;
(c) an order under paragraph 27 or 28 of Schedule 5 which amends or
repeals any provision of primary legislation;
(d) an order under section 13;
(e) an order under paragraph (p) of th e definition of “permitted purpose”
in section 16(1);
(f) an order under paragrap h 87 of Schedule 13;
(g) an order under section 32(1);
(h) an order under paragraph 3(1)(c) or 31 of Schedule 17;
(i) regulations under section 47;
(j) an order under section 59 which amends or repeals any provision of
primary legislation;Crime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general58
(k) an order under section 61 bringing anything in Part 4 of Schedule 16
into force or bringing section 44 into  force so far as relating to anything
in that Part of that Schedule, ot her than an order which makes the
provision permitted by section 61(8) or (9);
(l) an order under paragraph 5 of Schedule 24.
(5) 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—
(a) regulations under paragraph 1 of Schedule 4;
(b) an order under paragraph 27 or 28 of Schedule 5 which does not amend
or repeal any provision of primary legislation;
(c) regulations under paragraph 5 of Schedule 6;
(d) regulations under section 14;
(e) an order under section 59 which does not amend or repeal any
provision of primary legislation;
(f) an order under paragraph 1, 2, 3 or 4 of Schedule 24;
(g) an order under Schedule 25.
(6) 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.
(7) 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).
(8) Any provision that may be made by th e 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).
(9) An order made by the Scottish Minist ers under paragraph 27 or 28 of Schedule
5 is subject to the negative procedure un less it amends or repeals any provision
of primary legislation, in which case it  is subject to the affirmative procedure.
(10) 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.
(11) 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 repe als any provision of primary legislation,
in which case it may not be made unle ss a draft has been laid before, and
approved by a resolution of, the Northern Ireland Assembly.
(12) An order or regulations made under this Ac t by the Secretary of State, the Lord
Chancellor, the Scottish Mi nisters or the Department of Justice in Northern
Ireland may—
(a) make different provision for different purposes or areas,
(b) include supplementary, incidental or consequential provision, or
(c) make transitional, transit ory or saving provision.Crime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general59
(13) In this section—
“primary legislation” means—
(a) an Act of Parliament,
(b) an Act of the Scottish Parliament,
(c) a Measure or Act of the Na tional Assembly for Wales, or
(d) Northern Ireland legislation;
“super-affirmative procedure” mean s the procedure provided for by
Schedule 23.
59 Consequential amendments
(1) The Secretary of State or Lord Chance llor may by order make such provision
as the Secretary of State or Lord Ch ancellor (as the case may be) considers
appropriate in consequence of this Act.
(2) 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.
(3) 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.
60 Transitional, transitory or saving provision
The Secretary of State or Lord Chancello r may by order make such transitional,
transitory or saving provision as the Secretary of State or Lord Chancellor (as
the case may be) considers appropriate—
(a) in connection with the coming into force of any provision of this Act, or
(b) where Part 4 of Schedule 16 and section 44 so far as relating to that Part
of that Schedule are brought into forc e in relation to a specified area for
a specified period, in connection with  those provisions ceasing to be in
force at the end of that period or at  the end of that period as continued
under section 61(9).
61 Short title, commencement and extent
(1) This Act may be cited as the Crime and Courts Act 2013.
(2) Subject as follows, this Act comes in to force on such day as the Secretary of
State may by order appoint; and differ ent 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.
(3) 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.
(4) Subsection (3) does not apply to—
(a) Part 5 of Schedule 13, or section 20 so far as relating to that Part;
(b) section 26(2).
(5) Section 19 comes into force on the day after the day on which this Act is passed.Crime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general60
(6) 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.
(7) Sections 34 to 39 come into force at th e end of the period of  one year beginning
with the day on whic h a body is established by Royal Charter with the purpose
of carrying on activities relating to the recognition of in dependent regulators
of relevant publishers (a s defined by section 41).
(8) An order which brings the monitoring pr ovisions 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 subsec tion 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.
(9) An order containing the provision permitted by subsection (8) may be
amended by a subsequent or der under subsection (2) so as to continue the
monitoring provisions in force in relation to the area concerned for a further
period.
(10) 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.
(11) The following come into  force on the day on wh ich this Act is passed—
(a) Part 5 of Schedule 13, and section 20 so far as relating to that Part;
(b) section 43; 
(c) section 48 (excep t subsection (6)(a));
(d) Part 2 of Schedule 18;
(e) sections 58 to 60 and this section;
(f) Schedules 24 and 25.
(12) Subject as follows, this Act extends to England and Wales, Scotland and
Northern Ireland.
(13) The following extend to England and Wales only— 
(a) section 24;
(b) section 32;
(c) section 33;
(d) sections 34 to 42;
(e) paragraph 30 of Schedule 16 and section 44 so far as relating to that
paragraph, but only so far as relating  to disclosure or use of information
by a person appointed under section 2(1) of the Courts Act 2003 or
provided under a contract made by virtue of section 2(4) of that Act;
(f) the amendments and repeals made by this Act in sections 4(5A) to (6A)
and 6(2) of the Maintenance Orders (Facilities for Enforcement) Act
1920, in sections 8(4) and 33(3) of the Maintenance Orders (Reciprocal
Enforcement) Act 1972 and in section 14 of the Contempt of Court Act
1981;
(g) paragraphs 1 to 31 and 39 of Schedule 17, and section 45 so far as
relating to those paragraphs.
(14) The amendments made by this Act in  the Industrial and Provident Societies
Act 1965 extend to England an d Wales, and Scotland, only.Crime and Courts Act 2013 (c. 22)
Part 3 — Miscellaneous and general61
(15) Except as provided by subsections (13) and (14), 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).
(16) 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.
(17) 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 (whi ch amendments, accordingly, extend to
England and Wales, Scotland and Northern Ireland only).
(18) This section is subject to Schedu le 24 (the NCA: Northern Ireland).
(19) This section is subject to Schedule 25 (proceeds of crime provisions: Northern
Ireland).
(20) 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—
(a) any of the Channel Islands, or
(b) the Isle of Man.
(21) Her Majesty may by Order in Counci l provide for provisions of Part 8 of
Schedule 16 (amendments of Armed Forces Act 2006) to extend, with or
without modifications, to—
(a) any of the Channel Islands,
(b) the Isle of Man, or
(c) any of the British overseas territories.
(22) The power conferred by section 338 of  the Criminal Justice Act 2003 (power to
extend to Channel Islands and Isle of Ma n) is exercisable  in relation t o any
amendment of that Act that is  made by or under this Act.
(23) 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.Crime and Courts Act 2013 (c. 22)
Schedule 1 — The NCA & NCA officers62
SCHEDULES
SCHEDULE 1 Section 1
THE NCA & NCA OFFICERS
PART 1
THE NCA
Functions exercisable on behalf of Crown
1 NCA functions are exercisabl e on behalf of the Crown.
Efficiency and effectiveness
2 It is the duty of the Director Gene ral to secure that NCA functions are
discharged efficien tly and effectively.
Financial year
3 (1) The first financial year of the NCA is the period that—
(a) begins with the day on which section 1 comes into force, and
(b) ends with the following 31 March.
(2) After that, the financial year of the NCA is the period of 12 months ending
with 31 March.
Charging
4 (1) The NCA may charge a person for any service provided at the person’s
request.
(2) This paragraph has effect subject to Pa rt 5 of Schedule 3 (payment for tasks,
assistance or facilities).
(3) In this paragraph “service” means a service of any kind (including the
provision of facilities) wh ich is provided by means of the exercise of any
NCA function.
Activities not limited to dealing with serious or organised crime
5 (1) For the purposes of the discharge of NCA functions which relate to
organised crime or seriou s crime, an NCA officer may, in particular, carry
on activities in relation  t o  a n y  k i n d  o f  c r i m e  ( w h e t h e r  o r  n o t  s e r i o u s  o r
organised).Crime and Courts Act 2013 (c. 22)
Schedule 1 — The NCA & NCA officers
Part 1 — The NCA63
(2) 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.
Activities in Scotland
6 (1) 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.
(2) 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.
(3) If an NCA officer suspects that an o ffence has been committed (or is being
committed) in Scotland, the NCA offi cer 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.
PART 2
NCA OFFICERS
Selection and appointment of the Director General
7 (1) The Secretary of State is to select and appoint the Director General, after
consultation with—
(a) the Scottish Ministers, and
(b) the Department of Justice in Northern Ireland.
(2) A person may not be appointed as Director General unless the Secretary of
State is satisfied that the person—
(a) is capable of effectively exer cising operational powers; and
(b) is a suitable person to exercise operational powers.
(3) A person need not be an NCA offi cer before appointment as the Director
General.
(4) The Director General is to hold and vacate office in accordance with the
terms and conditions of the appoin tment (subject to paragraph 8).
(5) The terms and conditions of an appointment as Director General are to be
determined by the Secretary of State.
(6) 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.
(7) Sections 10 to 14 of the Constituti onal Reform and Governance Act 2010
(appointments of civil se rvants) do not apply to the appointment of the
Director General.Crime and Courts Act 2013 (c. 22)
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers64
Resignation or retirement of the Director Ge neral at request of Secretary of State
8 (1) The Secretary of State may call upon the Director General to resign or
retire—
(a) in the interests of effici ency or effectiveness, or
(b) because of misconduct by the Director General.
(2) The Secretary of State must comply with sub-paragraphs (3) and (4) before
calling upon the Director Ge neral to resign or retire.
(3) The Secretary of State must consult—
(a) the Scottish Ministers, and
(b) the Department of Justice in Northern Ireland.
(4) The Secretary of State must—
(a) give the Director General a written explanation of the reasons why
the Secretary of State is proposin g to call for the resignation or
retirement;
(b) give the Director General th e opportunity to make written
representations about the proposal  to call for the resignation or
retirement; and
(c) consider any written representati ons made by the Director General.
(5) The Director General must resign or  retire if called upon to do so in
accordance with this paragraph.
Selection of other NCA officers for appointment
9 (1) The Director General is to select other persons for appointment as National
Crime Agency officers.
(2) The terms and conditions of an appointment as an NCA officer (other than
as Director General) are to be determ ined by the Director  General with the
agreement of the Minister for the Civil Service.
(3) This paragraph does not apply to NCA specials.
Delegation of Director General’s functions
10 (1) The Director General may arrange fo r any function of the Director General
to be exercised by a senior NCA officer who is designated for the purpose by
the Director General.
(2) A designation under this paragrap h may provide for a function to be
exercised by—
(a) one or more senior NCA officers  specified in the designation, or
(b) one or more senior NCA officers  of a description specified in the
designation.
(3) The Director General’s powers of  direction under section 5(5) and
paragraph 11 of Schedule 3 may not be delegated under this paragraph.
(4) 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.Crime and Courts Act 2013 (c. 22)
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers65
(5) In this paragraph “senior NCA office r” means an NCA officer who is at, or
above, a grade specified for this purp ose by the Secretary of State in the
framework document.
Continuity
11 (1) 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.
(2) 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.
Persons with operational po wers who become NCA officers
12 (1) If a person holds a rele vant office when the person becomes an NCA officer
(the “existing office”), the person’s  holding of the existing office—
(a) is suspended from the time when the person becomes an NCA
officer;
(b) but is revived if the person—
(i) ceases to be an NCA officer, and
(ii) returns to service as hold er of the existing office.
(2) Sub-paragraph (1) ceas es to apply to a person who resigns from, or
otherwise ceases to hold, the other office.
(3) 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 constabl e, officer of Revenue and Customs, or
immigration officer), apart from the offi ce of special constable or constable
in the Police Service of Northern Ireland Reserve.
Secondments to NCA
13 (1) The Director General may make arrangements for persons to be seconded to
the NCA to serve as National Crime Agency officers.
(2) A member of a police force on te mporary service with  the NCA is to be
under the direction and control of the Director General.
(3) Paragraph 12(1) does not apply to a member of a special police force who is
an NCA officer by virtue of a secondment.
Secondments by NCA
14 (1) The Director General may make arrangements for NCA officers to be
seconded to a UK police force.
(2) 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).Crime and Courts Act 2013 (c. 22)
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers66
NCA specials
15 (1) 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”).
(2) The terms and conditions of an appointment as an NCA special are to be
determined by the Director General.
(3) 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 be cause of exceptional circumstances.
(4) Sub-paragraph (1) does not pr event provision being made for—
(a) the reimbursement of the expenses of NCA specials,
(b) the subsistence, accommodation or training of NCA specials, and
( c ) t h e  p a y m e n t  o f  s u m s  t o ,  o r  i n  r e s p e c t  o f ,  c u r r e n t  o r  f o r m e r  N C A
specials to compensate for loss attributable to injury or death
resulting from the performance of duties as NCA specials.
(5) The Director General—
(a) may designate an NCA special under section 10 as a person having
the powers and privilege s of a constable; but
(b) may not so designate an NCA special as a person having the powers
of an officer of Revenue and Customs or the powers of an
immigration officer.
(6) 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 Irel and and outside the UK) do not apply
in relation to the NCA special.
(7) The Director General may not—
(a) under paragraph 10, arrange for any function to be exercised by an
NCA special or nominate an NCA special to exercise a power of
direction;
(b) provide an NCA special by way of assistance under Part 3 of
Schedule 3 (whether in response to a request or a direction).
(8) 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.
(9) The no-strike provisions in section 13 do not apply in relation to NCA
specials.
(10) No determination under regulation s under section 14 may be made in
relation to the pay and allowances and other terms and conditions of
employment of NCA specials.
(11) If a person is both—
(a) an NCA special designated as a person having the powers and
privileges of a constable, and
(b) a special constable or a member  of the Police Service of Northern
Ireland Reserve,
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 privilegeCrime and Courts Act 2013 (c. 22)
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers67
which the person has as a special constable or as a member of the Police
Service of Northern Ireland Reserve.
(12) A person is not a civil servant by virtue of being an NCA special.
SCHEDULE 2 Section 4
THE FRAMEWORK  DOCUMENT  & ANNUAL  REPORT
PART 1
THE FRAMEWORK  DOCUMENT
The document
1 (1) The framework document is a document which deals with ways in which
the NCA is to operate, including—
(a) ways in which NCA functions are to be exercised (including
arrangements for publishing inform ation about the exercise of NCA
functions and other matters relating to the NCA), and
(b) ways in which the NCA is to be administered (including governance
and finances of the NCA).
(2) Section 6(2) makes further provision about what may be included in the
framework document.
Duty to is sue document
2 The Secretary of State must—
(a) issue the framework document;
(b) keep the framework docu ment under review; and
(c) if the Secretary of State considers it appropriate, issue a new
framework document (which may be wholly or partly different from
the existing framework document).
Duty to have regard to document
3 The Secretary of State must have regard to the framework document in
exercising functions in relation to the NCA, the Direct or General or any
other NCA officer.
Role of Director General
4 (1) The Secretary of State must—
(a) consult the Director General in preparing any framework document;
and
(b) obtain the consent of the Director General before issuing any
framework document.
(2) 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).Crime and Courts Act 2013 (c. 22)
Schedule 2 — The framework document & annual report
Part 1 — The framework document68
Consultation with devolved administrations
5 The Secretary of State must consult—
(a) the Scottish Ministers, and
(b) the Department of Justice in Northern Ireland,
before issuing the first framework document or any other framework
document which is, in the Secretary of  State’s view, significantly different
from the framework document it replaces.
Publication & distribution
6 (1) This paragraph applies on each occasion when the Secretary of State issues
a framework document.
(2) The Secretary of State must—
(a) arrange for the framework docume nt to be published in the manner
which the Secretary of State considers appropriate,
(b) send a copy of the framework document to—
(i) the Scottish Ministers, and
(ii) the Department of Justice in Northern Ireland, and
(c) lay the framework docu ment before Parliament.
(3) The Scottish Ministers must lay a copy of the framework document before
the Scottish Parliament.
(4) The Department of Just ice in Northern Ireland must lay a copy of the
framework document before the Northern Ireland Assembly.
(5) Section 41(3) of the Interpretation Ac t (Northern Ireland) 1954 applies for the
purposes of sub-paragraph (4) as it a pplies in relation to the laying of a
statutory document under an enactment.
PART 2
THE ANNUAL  REPORT
Duty to issue report
7 (1) 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”).
(2) The annual report relating to a fina ncial year must include an assessment of
the extent to which the annual plan for that year has been carried out.
Publication & distribution
8 (1) The Director General must—
(a) arrange for the annual report to  be published in the manner which
the Director General considers appropriate, and
(b) send a copy of the annual report to—
(i) the strategic partners, and
(ii) the Secretary of State.Crime and Courts Act 2013 (c. 22)
Schedule 2 — The framework document & annual report
Part 2 — The annual report69
(2) The Secretary of State must lay a copy of the annual report before
Parliament.
(3) The Scottish Ministers must lay a copy of the annual report before the
Scottish Parliament.
(4) The Department of Justic e in Northern Ireland must lay a copy of the annual
report before the Northern Ireland Assembly.
(5) Section 41(3) of the Interpretation Ac t (Northern Ireland) 1954 applies for the
purposes of sub-paragraph (4) as it a pplies in relation to the laying of a
statutory document under an enactment.
SCHEDULE 3 Section 5
RELATIONSHIPS  BETWEEN  NCA AND  OTHER  AGENCIES
PART 1
CO-OPERATION
Duty to co-operate
1 (1) It is the duty of NCA officers to co-operate with the persons listed in sub-
paragraph (3) for the purpose of assistin g those persons in their activities to
combat crime.
(2) It is the duty of—
(a) the persons listed in sub-paragraph (3),
(b) members of Her Majesty’s armed forces, and
(c) members of Her Majesty’s coastguard,
to co-operate with NCA officers for th e purpose of assisting NCA officers in
the discharge of any NCA function.
(3) The persons mentioned in su b-paragraphs (1) and (2)(a) are—
(a) constables in UK police forces;
(b) officers of Revenue and Customs;
(c) immigration officers;
(d) designated customs officials (within the meaning of Part 1 of the
Borders, Citizenship and Immigration Act 2009);
(e) members of the Se rious Fraud Office;
(f) any other persons operating in England, Scotland, Northern Ireland
or Wales charged with the duty of  investigating organised crime or
serious crime.
Co-operation arrangements
2 For the purposes of the discharge of any function of the NCA, the NCA may
enter into arrangements for co-operati ng with other persons (in the United
Kingdom or elsewhere).Crime and Courts Act 2013 (c. 22)
Schedule 3 — Relationships be tween NCA and other agencies
Part 2 — Exchange of information70
PART 2
EXCHANGE  OF INFORMATION
Duty to keep NCA informed & di sclose information: police forces
3 (1) The chief officers of each UK police  force must keep the Director General
informed of any informatio n held by that police fo rce which appears to the
chief officer to be relevant to the exercise by the NCA of—
(a) the crime-reduction function,
(b) the criminal intelligence function, or
(c) functions conferred by the Proceeds of Crime Act 2002.
(2) Where the chief officer of such a poli ce force informs the Director General of
such information, the chief officer must disclose to the NCA any of that
information which the Director General re quests the chief officer to disclose.
(3) This paragraph does not require the chie f officer of a police force to keep the
Director General informed of informat ion which appears to the chief officer
to be information obtained (whether directly or indire ctly) from the NCA.
Duty to keep po lice forces informed
4 (1) 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 Dire ctor General to be relevant to the
exercise by that chief officer or any ot her member of that police force of any
functions.
(2) 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 obta ined (whether directly or indirectly)
from that chief officer or any ot her member of that police force.
Duty to keep NCA inf ormed: government bodies
5 (1) Each specified body must keep th e Director General informed of any
information held by that body which—
(a) is held in connection with the exer cise of a relevant function of that
body, and
(b) appears to that body to be rele vant to the exercise by the NCA of—
(i) the crime-reduction function,
(ii) the criminal intelligence function, or
(iii) functions conferred by the Proceeds of Crime Act 2002.
(2) 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.
(3) 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 dire ctly or indirectly) from the NCA.
(4) This paragraph does not require the Di rector of the Seri ous 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 ActCrime and Courts Act 2013 (c. 22)
Schedule 3 — Relationships be tween NCA and other agencies
Part 2 — Exchange of information71
1987 (information which the Director of the SFO may require a person to
produce etc).
Duty to keep government bodies informed
6 (1) The Director General must keep each specified body informed of any
information obtained by the NCA in th e exercise of any NCA function which
a p p e a r s  t o  t h e  D i r e c t o r  G e n e r a l  t o  b e  r e l e v a n t  t o  t h e  e x e r c i s e  b y  t h a t
specified body of any relevant functi on for the purposes of carrying out
activities to combat crime.
(2) This paragraph does not require the Director General to keep a specified
body informed of information which a ppears to the Director General to be
information obtained (whether direct ly or indirectly) from that body.
Meaning of “specified body” & “relevant function”
7 In paragraphs 5 and 6—
(a) “specified body” means a body spec ified in the first column of this
table;
(b) “relevant function”, in relation to such a body, means a function that
falls within the functions specified in relation to that body in the
second column of this table.
PART 3
ASSISTANCE  WITHIN  THE UK
Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of Man
8 (1) The Director General may provide assistance to—
(a) a UK police force, or
(b) an Island police force;
if the chief officer of the police forc e requests assistance to be provided.
(2) The Director General may provide assistance to—
(a) a UK law enforcement agency, or
(b) an Island law enforcement agency,
if the agency requests assistance to be provided.
(3) A request may be made under this pa ragraph 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.
(4) A request under this paragraph must—Specified bodies Relevant functions
The Secretary of State. Functions relating to immigration,
nationality or customs.
The Director of Border Revenue. All functions.
The Director of the Serious Fraud
Office.Investigatory functions (but not any
prosecution functions).Crime and Courts Act 2013 (c. 22)
Schedule 3 — Relationships be tween NCA and other agencies
Part 3 — Assistance within the UK72
(a) state the special need for assistance, and
(b) specify the assistan ce that is wanted.
(5) If a request is made under this para graph, the Director General may provide
such assistance as the Director General considers appropriate in all the
circumstances.
Voluntary assistance to NCA: the UK
9 (1) The chief officer of a UK police forc e may provide assistance to the NCA if
the Director General requests assistance to be provided.
(2) A UK law enforcement agency may provide assistance to the NCA if the
Director General requests as sistance to be provided.
(3) 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.
(4) A request under this paragraph must—
(a) state the special need for assistance, and
(b) specify the assistan ce that is wanted.
(5) If a request is made under this paragr aph, a chief officer, or law enforcement
agency, may provide such assistance as the chief officer, or agency,
considers appropriate in  all the circumstances.
Directed assistance by NCA: England and Wales police etc
10 (1) The Secretary of State may direct th e Director General to provide specified
assistance to—
(a) an England and Wales police force,
(b) a special police force,
(c) the Commissioners for Her Majesty’s Revenue and Customs;
(d) the Director of th e Serious Fraud Office;
(e) the Director of  Border Revenue;
(f) any other person operating—
(i) in England, or
(ii) in England and in Scotland, Northern Ireland or Wales (or
two or more of those part s of the United Kingdom),
charged with the duty of investigat ing or prosecutin g offences (apart
from a UK police force).
(2) A direction may be give n under this paragraph only if it appears to the
Secretary of State that it is appropriat e for the police force or other persons
or person to receive directed assi stance from the Director General.
Directed assistance to NCA: England and Wales police etc
11 (1) The Director General may direct an y of the following to provide specified
assistance to the NCA—
(a) the chief officer of an En gland and Wales police force;
(b) the Chief Constable of the British Transport Police;
(c) the Commissioners for Her Majesty’s Revenue and Customs;Crime and Courts Act 2013 (c. 22)
Schedule 3 — Relationships be tween NCA and other agencies
Part 3 — Assistance within the UK73
(d) the Director of th e Serious Fraud Office;
(e) the Director of  Border Revenue.
(2) A direction may be given un der this paragraph only if—
(a) it appears to the Director General that it is appropriate for the NCA
to receive directed assistance from the chief officer of the police force
or from the other persons or person; and
(b) the appropriate consent is given to the direction.
(3) For that purpose “appr opriate consent” means—
(a) the consent of the Secretary of Stat e (in the case of a direction to the
chief officer of an England and Wales police force or a direction to the
Chief Constable of the British Transport Police);
(b) the consent of the Secretary of State and the consent of the Treasury
(in the case of a direction to th e Commissioners or the Director of
Border Revenue);
(c) the consent of the Secretary of State and the consent of the Attorney
General (in the case of a direction to  the Director of the Serious Fraud
Office).
Directed assistance by NCA: Scotland
12 (1) The Scottish Ministers may direct th e Director General to provide specified
assistance to the Police Service of Scotland.
(2) A direction may be given un der this paragraph only if—
(a) it appears to the Scottish Ministers that it is appropriate for the Police
Service to receive directed assistan ce from the Director General; and
(b) the Secretary of State consents to the direction.
Directed assistance to NCA: Scotland
13 The Scottish Ministers may direct the chief constable of the Police Service of
Scotland to provide specified assistan ce to the NCA if it appears to the
Scottish Ministers that it is approp riate for the NCA to receive directed
assistance from the chief constable.
Directed assistance by NCA: Northern Ireland
14 (1) The Department of Ju stice in Northern Ireland may direct the Director
General to provide specified assistan ce to the Police Service of Northern
Ireland.
(2) A direction may be given un der this paragraph only if—
(a) it appears to the Department of Ju stice that it is appropriate for the
Police Service to receive directed assistance from the Director
General; and
(b) the Secretary of State consents to the direction.
Directed assistance to NCA: Northern Ireland
1 5 ( 1 ) T h e  D e p a r t m e n t  o f  Justice in Northern Ireland may direct the Chief
Constable of the Police Service of No rthern Ireland to provide specified
assistance to the NCA if it appears to the Department that it is appropriate
for the NCA to receive directed as sistance from the Chief Constable.Crime and Courts Act 2013 (c. 22)
Schedule 3 — Relationships be tween NCA and other agencies
Part 3 — Assistance within the UK74
(2) Before giving such a direction, th e Department of Justice must consult—
(a) the Northern Irelan d Policing Board, and
(b) any other persons the Department considers it appropriate to
consult.
When is it appropriate for a person to receive directed assistance?
16 For the purposes of this Part of this  Schedule, it is appropriate for a person
(“R”) to receive directed assistan ce from another person (“P”) if—
(a) R has a special need for assistance from P,
(b) it is expedient for P to provide the assistance, and
(c) satisfactory arrangements for P to provide assistance to R cannot be
made, or cannot be made in time, under paragraph 8 or 9.
Voluntary or directed assistance: part icular assistance that may be provided
17 (1) A person may provide any of the fo llowing in response to a request for
assistance, and a direction may require the provision of any of the
following—
(a) equipment;
(b) NCA officers (if assistance is to be  provided by the Director General);
(c) constables (if assistance is to be  provided by the chief officer of a
police force);
(d) members of staff of a UK law enfo rcement agency (if assistance is to
be provided by such an agency).
(2) That does not limit the kinds of assistance that may be provided or required.
(3) In this paragraph—
“direction” means a direction under an y provision of this Part of this
Schedule;
“request for assistance” means such a request under any provision of
this Part of this Schedule.
Voluntary or directed assistance: control of individuals provided for assistance
18 (1) An individual who is provided under this Part of  this Schedule—
(a) to assist the NCA is, whilst so  provided, under the direction and
control of the Director General;
(b) to assist a UK police force is, whilst so provided, under the direction
and control of the chief officer of the police force;
(c) to assist a UK law enforcement agency is, whilst so provided, under
the direction and control of the agency.
(2) That rule applies despite anything contained in—
(a) any other enactment, or
(b) any agreement made under any other enactment.
(3) In this paragraph “individual” includes—
(a) an NCA officer;
(b) a constable;
(c) a member of the staff of a law enforcement agency.Crime and Courts Act 2013 (c. 22)
Schedule 3 — Relationships be tween NCA and other agencies
Part 4 — Use of police facilities etc by NCA75
PART 4
USE OF POLICE  FACILITIES  ETC BY NCA
Voluntary arrangements: police forces outside London
19 (1) The Director General and a releva nt body (or both those bodies) may make
arrangements for the NCA to use facilit ies made available by the police force
maintained for a police area listed in Sc hedule 1 to the Police Act 1996 (police
areas in England and Wales outside London).
(2) In this paragraph “relevant body”, in relation to the police force maintained
for a police area, means—
(a) the police and crime commissioner for that police area, or
(b) the chief constable of that police force.
Voluntary arrangements: the metropolitan police force
20 (1) 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.
(2) In this paragraph “relevant metropolitan body” means—
(a) the Mayor’s Office for Policing and Crime, or
(b) the Commissioner of Police of the Metropolis.
Voluntary arrangements: the City of London police force
21 The Director General and the Common Co uncil of the City of London (in its
capacity as police author ity for the City of London police area) may make
arrangements for the NCA to use facili ties made available by the City of
London police force.
Voluntary arrangements: immig ration or customs facilities
22 (1) 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.
(2) 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).
(3) 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 fac ilities provided in connection with
the exercise of—
(a) functions of the Secretary of State relating to immigration,
asylum or nationality, or
(b) functions of an immigration officer;
“relevant person” means—
(a) the Secretary of State, orCrime and Courts Act 2013 (c. 22)
Schedule 3 — Relationships be tween NCA and other agencies
Part 4 — Use of police facilities etc by NCA76
(b) the Director of  Border Revenue.
Directed arrangements: England and Wales police forces
23 (1) If it appears to the Secretary of State that—
(a) it is expedient for relevant pa rties to make arrangements under
paragraph 19, 20 or 21, and
(b) satisfactory arrangements cannot be made, or cannot be made in
time, under that paragraph,
the Secretary of State may direct thos e relevant parties to make specified
arrangements under that paragraph.
(2) In this paragraph “relevant parties” , in relation to arrangements under
paragraph 19, 20 or 21, means—
(a) the Director General, and
(b) any other person or persons who may make arrangements under
that paragraph.
Voluntary arrangements: Police S ervice of Northern Ireland
24 The Director General may make arra ngements with the Northern Ireland
Policing Board for the NCA to use fa cilities made available by the Police
Service of Northern Ireland.
Directed arrangements: Police S ervice of Northern Ireland
25 If it appears to th e Department of Justic e in Northern Ireland—
(a) that it is expedient for the Direct or General and the Northern Ireland
Policing Board to make arrangements under paragraph 24, and
(b) that satisfactory arrangements cannot be made, or cannot be made in
time, under paragraph 24,
the Department of Justice may, with the consent of the Secretary of State,
direct the Director General and th e Policing Board to make specified
arrangements under paragraph 24.
Arrangements: terms, variation and termination
26 (1) Facility-sharing arrangements must sp ecify or describe the facilities which
are to be made available for use by the NCA under the arrangements.
(2) Facility-sharing arrangements may be varied or terminated by the parties.
(3) But the arrangements may not be terminated withou t the consent of—
(a) the Secretary of State (if the arrangements have been made in
compliance with a direction by the Secretary of State), or
(b) the Department of Justice in No rthern Ireland (if the arrangements
have been made in compliance with a direction by that Department).
(4) In this paragraph “facility-sharing arrangements” means arrangements
under any other provision of th is Part of this Schedule.
Consultation before direction
27 Before a person (“D”) gi ves a direction under this Part of this Schedule to
another person (“P”), D must—Crime and Courts Act 2013 (c. 22)
Schedule 3 — Relationships be tween NCA and other agencies
Part 4 — Use of police facilities etc by NCA77
(a) notify P of the proposal to give the direction, and
(b) consider any repres entations made by P.
Facilities
28 In this Part of this Sc hedule “facilities” means—
(a) premises,
(b) equipment, and
(c) other material, facilities and services.
PART 5
PAYMENT  FOR TASKS , ASSISTANCE  OR FACILITIES
Payments by Director General
29 (1) The Director General must pay the appropriate amount to the fundholding
body for a UK police force if—
(a) the chief officer of that  police force performs a task—
(i) in response to a requ est under section 5, or
(ii) in accordance with a direction under that section;
(b) the chief officer of that po lice force provides the NCA with
assistance—
(i) in response to a request under Part 3 of this Schedule, or
(ii) in accordance with a directio n under Part 3 of this Schedule;
or
(c) facility-sharing arrang ements are made under Part 4 of this Schedule
(whether voluntarily or in accordan ce with a direction) for the NCA
to use facilities made available by that police force.
(2) The Director General must pay the appropriate amount to a UK law
enforcement agency if—
(a) that agency performs a task in response to a request under section 5;
(b) that agency provides the NCA with assistance—
(i) in response to a request under Part 3 of this Schedule, or
(ii) in accordance with a directio n under Part 3 of this Schedule;
or
(c) facility-sharing arrang ements are made under Part 4 of this Schedule
(whether voluntarily or in accordan ce with a direction) for the NCA
to use facilities made available by that agency.
Payments by police
30 The fundholding body for a UK polic e force must pay the appropriate
amount to the Director General if—
(a) the Director General performs a ta sk in response to a request by the
chief officer of that polic e force under section 5; or
(b) the Director General provides that police force with assistance—
(i) in response to a request under Part 3 of this Schedule, or
(ii) in accordance with a direction under Part 3 of this Schedule.Crime and Courts Act 2013 (c. 22)
Schedule 3 — Relationships be tween NCA and other agencies
Part 5 — Payment for tasks,  assistance or facilities78
Payments by law enforcement agencies
31 A UK law enforcement agency must pay the appropriate amount to the
Director General if—
(a) the Director General performs a ta sk in response to a request by that
agency under section 5; or
(b) the Director General provides that agency with assistance—
(i) in response to a request under Part 3 of this Schedule, or
(ii) in accordance with a direction under Part 3 of this Schedule.
The “appropriate amount”
32 (1) In any provision of this Part of this  Schedule which requir es one person (“R”)
to pay the appropriate amount to another person (“P”), “appropriate
amount” means—
(a) such amount as may be agreed between R and P, or
(b) in the absence of agreement, such amount as may be determined by
the Secretary of State.
(2) The Secretary of State must co nsult the Scottish Ministers before
determining the appropriate amount  if R or P is a Scottish body.
(3) 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.
(4) In this paragraph—
“Northern Ireland body” means—
(a) the Police Service of Northern Ireland,
(b) a Northern Ireland department, and
(c) any other person operating in Northern Ireland, and not
operating in any other part of  the United Kingdom, charged
with the duty of investigat ing or prosecuting offences;
“Scottish body” means—
(a) the Scottish Police Authority,
(b) the Scottish Administration, and
(c) any other person operating in  Scotland, and not operating in
any other part of the United Kingdom, charge d with the duty
of investigating or prosecuting offences.
PART 6
GENERAL
Directed tasking or assistance: power to amend those who may be directed
33 (1) The Secretary of State may, by order, amend section 5 or paragraph 11 of this
Schedule by making any of th e following kinds of provision—
(a) provision adding a person or catego ry of persons to the relevant list;
(b) provision imposing on the Direct or General a requirement to obtain
the consent of one or more person s before giving a direction to—
(i) a person added to the relevant  list by virtue of sub-paragraph
(a), orCrime and Courts Act 2013 (c. 22)
Schedule 3 — Relationships be tween NCA and other agencies
Part 6 — General79
(ii) a person within a cate gory of persons so added;
(c) provision removing from the rele vant list a person or category of
persons added by virtue of sub-paragraph (a);
(d) provision removing a requirement for consent imposed by virtue of
sub-paragraph (b).
(2) But the Secretary of State may not a dd any of the following to the relevant
list—
(a) the Commissioners for Her Majesty’s Revenue and Customs;
(b) the Chief Constable of the Police Service of Scotland;
(c) any person operating only in Scotland;
(d) the Chief Constable of the Police Service of Northern Ireland;
(e) any person operating on ly in Northern Ireland.
(3) 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 person s within that category.
(4) In this paragraph “relevant list” means—
(a) in relation to section 5, the list of persons in subsection (5) to whom
the Director General ma y give directions, or
(b) in relation to paragraph 11 of this  Schedule, the list of persons in sub-
paragraph (1) to whom the Direct or General may give directions.
Duty to provide information etc: po wer to amend specified bodies etc
34 (1) The Secretary of State may, by order, amend paragraph 7 of this Schedule by
making any of the following kinds of provision—
(a) provision adding a person to the specified bodies in the relevant
table;
(b) provision specifying in the re levant table one or more relevant
functions in relation to—
(i) the Secretary of State, or
(ii) a person added to the specif ied bodies by virtue of sub-
paragraph (a);
(c) provision removing from the rele vant table provision made by virtue
of sub-paragraph (a) or (b).
(2) But the Secretary of State may not add any of the following to the specified
bodies—
(a) a person operating only in Scotland;
(b) a person operating on ly in Northern Ireland.
(3) Before making provision under this paragraph which adds a person to the
specified bodies, the Secretary of State must consult that person.
(4) In this paragraph “relevant tabl e” means the table in paragraph 7.
Directions
35 (1) A person given a dire ction under this Schedule must comply with it.
(2) A direction under this Schedule may not relate to the prosecution functions
of any person.Crime and Courts Act 2013 (c. 22)
Schedule 3 — Relationships be tween NCA and other agencies
Part 6 — General80
Interpretation
36 In this Schedule—
“fundholding body” means—
(a) the policing body (in relation to any UK police force other
than the Police Service of Northern Ireland);
(b) the Police Service of Northe rn Ireland (in relation to that
Police Service);
“specified”, in relation to a di rection under any provision of this
Schedule, means specified in the direction.
SCHEDULE 4 Section 8
NCA: GENERAL
Regulations as to equipment
1 (1) The Secretary of State may make re gulations requiring equipment used by
the NCA to satisfy such requirements as to design and performance as may
be prescribed by the regulations.
(2) The Secretary of State may, by regula tions, make any of the following kinds
of provision—
(a) provision requiring the NCA,  when using equipment for the
purposes specified in the regulations, to use only—
(i) the equipment which is sp ecified in the regulations,
(ii) equipment which is of a description so specified, or
(iii) equipment which is of a ty pe approved by the Secretary of
State in accordance with the regulations;
(b) provision prohibiting the NCA from using equipment of a type
approved as mentioned in sub-paragraph (a)(iii) except—
(i) where the conditions subjec t to which the approval was
given are satisfied, and
(ii) in accordance with the other terms of that approval;
(c) provision requiring equipment used by the NCA to comply with
such conditions as may be specifie d in the regulations, or as may be
approved by the Secretary of State in accordance with the
regulations;
(d) provision prohibiting the NCA from using equipment specified in
the regulations, or any equipmen t of a description so specified.
(3) Before making regulation s under this section, the Secretary of State must
consult—
(a) the Director General, and
(b) such other persons as the Secretary of State considers appropriate.
(4) In this paragraph “equipment” includes—
(a) vehicles, and
(b) headgear and protecti ve and other clothing.Crime and Courts Act 2013 (c. 22)
Schedule 4 — NCA: general81
Liability of NCA for unlawful acts
2 (1) In any of the following cases, th e 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.
(2) The first case is wher e the unlawful conduct is conduct of a constable or
other person which occurs when the pers on is carrying out,  or purporting to
carry out, functions whilst—
(a) seconded to the NCA to serve as an NCA officer, or
(b) provided for the assistance of th e NCA under Part 3 of Schedule 3.
(3) The second case is where the unlawful conduct is conduct of a person (other
than an NCA officer) who is a member of an NCA-led international joint
investigation team which occurs wh en the person is carrying out, or
purporting to carry out, functi ons as a member of the team.
(4) The third case is where the unlawful conduct is conduct of a person carrying
out surveillance under section 76A of  the Regulation of Investigatory
Powers Act 2000 (foreign surveillance operations).
(5) If (in any of those cases) the un lawful conduct is a tort, the NCA is
accordingly to be treate d as a joint tortfeasor.
This sub-paragraph does not apply in Scotland.
(6) If—
(a) the NCA pays a sum by virt ue of this paragraph, and
(b) the Secretary of State receives under any international agreement a
sum by way of reimbursement (in wh ole or in part) of the sum paid
by the NCA,
the Secretary of State must pay to the NCA the sum received by way of
reimbursement.
(7) This paragraph does not affect the liability of the NCA for the conduct of
NCA officers.
(8) References in this paragraph to un lawful 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.
Assaults or obstruction in connection with joint investigation teams
3 (1) A person commits an offence if the person assaults a member of an NCA-led
international joint invest igation team who is carry ing out functions as a
member of the team.
(2) A person guilty of that offence is liable on summary conviction to either or
both of the following—
(a) imprisonment for a term not exceeding—
(i) 51 weeks on conviction in England and Wales;
(ii) 12 months on conviction in Scotland;
(iii) 6 months on conviction in Northern Ireland;
(b) a fine not exceeding level 5 on the standard scale.Crime and Courts Act 2013 (c. 22)
Schedule 4 — NCA: general82
(3) A person commits an offence if the person resists or wilfully obstructs a
member of an NCA-led internationa l joint investigation team who is
carrying out functions as a member of that team.
(4) A person guilty of that offence is liable on summary conviction to either or
both of the following—
(a) imprisonment for a term not exceeding—
(i) 51 weeks on conviction in England and Wales;
(ii) 12 months on conviction in Scotland;
(iii) 1 month on conviction in Northern Ireland;
(b) a fine not exceeding level 3 on the standard scale.
(5) 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)—
(a) the reference in sub-paragraph (2)(a ) to the period of 51 weeks is to
be read as a reference to the period of 6 months; and
(b) the reference in sub-paragraph (4)(a ) to the period of 51 weeks is to
be read as a reference to the period of 1 month.
Application of discrimination legisl ation to secondees: Northern Ireland
4 (1) 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.
(2) Those provisions are—
(a) Part 2 of the Sex Discrimination  (Northern Ireland) Order 1976;
(b) Part 2 of the Disability  Discrimination Act 1995;
(c) Part 2 of the Race Relations (Northern Ireland) Order 1997;
(d) the Fair Employment and Treatm ent (Northern Ireland) Order 1998,
except Part VII.
(3) For the purposes of the provis ions listed in sub-paragraph (4)—
(a) an NCA secondee is to be treated as being employed by the NCA
(and as not being employed by any other person); and
(b) anything done by an NCA secondee in the performance, or
purported performance, of his functions as an NCA secondee is to be
treated as done in the course of that employment.
(4) Those provisions are—
(a) Article 42 of the Se x Discrimination (Northern Ireland) Order 1976;
(b) section 58 of the Disability Discrimination Act 1995;
(c) Article 32 of the Race Relations (Northern Ireland) Order 1997;
(d) Article 36 of the Fair Employme nt and Treatment (Northern Ireland)
Order 1998.
(5) In this paragraph “NCA secondee” means any constable or other person
who has been seconded to the NCA to serve as an NCA officer.Crime and Courts Act 2013 (c. 22)
Schedule 4 — NCA: general83
Interpretation
5 (1) In this Schedule “NCA-led international joint investigation team” means any
investigation team which is formed un der the leadership of an NCA officer
and is formed in accordance with—
(a) any framework decisi on on joint investigation teams adopted under
Article 87 of the Treaty on the Functioning of th e European Union;
(b) the Convention on Mutual Assistance in Criminal Matters between
the Member States of the European  Union and the Protocol to that
Convention established in accordance  with that Article of the Treaty;
or
(c) any international agreement to which the United Kingdom is a party
and which is specified in an orde r made by the Secretary of State.
(2) A reference in this para graph to Article 87 of the Treaty on the Functioning
of the European Union includes a refe rence to Article 34 of the Treaty on
European Union (as it had effect before 1 December 2009).
SCHEDULE 5 Section 9
POLICE , CUSTOMS  AND  IMMIGRATION  POWERS
PART 1
DIRECTOR  GENERAL : COMMISSIONERS ’ POWERS  EXERCISABLE  UNDER  SECTION  9(1)
Powers only exercisable in relation to customs matters
1 If a power of the Commissioners is exercisable both—
(a) in relation to a customs matter, and
(b) in relation to any other matter,
the power is exercisable by the Direct or General under section 9(1) only in
relation to the customs matter.
Powers exercisable under warrant
2 (1) This paragraph applies to an enactm ent if it provides for the issuing of
warrants which authorise the Commissioners to exercise any power in
relation to a customs matter.
(2) For the purpose of enabling the Dire ctor General to exer cise that power in
relation to a customs matter, the enac tment has effect as if the Director
General were one of  the Commissioners.
Certain powers of Commissioners no t exercisable by Director General
3 The following powers of the Commissioners are not exercisable by the
Director General under section 9(1)—
(a) the powers under paragraph 2(1) of Schedule 7 to consent to a
disclosure of HMRC inform ation by an NCA officer;
(b) the power under paragraph 2(2) of Schedule 7 to consent to a further
disclosure of HMRC information by any person.Crime and Courts Act 2013 (c. 22)
Schedule 5 — Police, cust oms and immigration powers
Part 2 — Director General: designation under section 984
PART 2
DIRECTOR  GENERAL : DESIGNATION  UNDER  SECTION  9
Advisory panel
4 (1) 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)—
(a) whenever there is an appointment of a Director General; and
(b) at any other time when the Secretary of State considers that it is
appropriate to do so.
(2) But that duty is subject to  regulations under paragraph 5.
(3) An advisory panel is to consist of—
(a) a person to chair the panel, who must not be a civil servant; and
(b) an appropriate number of othe r members (the “expert members”)
who, when taken together, have appropriate knowledge of the
following matters—
(i) the training of constables in  England and Wale s police forces;
(ii) the training of officers of Revenue and Customs and general
customs officials to exercise po wers in relation to customs
matters;
(iii) the training of immigration officers;
(iv) the training of NCA officers.
(4) The expert members of the advisory panel must—
(a) consider the question of the ad equacy of the Director General’s
training, and
(b) give the panel’s chair such information in respect of their
consideration of that question as the chair may require.
(5) The panel’s chair must then—
(a) consider the information gi ven by the expert members,
(b) decide the question of the adeq uacy of the Director General’s
training, and
(c) produce a report containing reco mmendations as to the operational
powers which the Director General should have.
(6) 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.
(7) That process for producing a report is  to be conducted in accordance with
the terms of appointment of the advi sory panel (which may include terms
about the particular operational powers  in respect of which the question of
the adequacy of the Director Genera l’s training is to be considered).
(8) A reference in this paragraph to the question of the adequacy of the Director
General’s training is a reference to—
(a) which operational powers the Director General has received
adequate training in respect of, and
(b) which operational powers the Director General has not received
adequate training in respect of.Crime and Courts Act 2013 (c. 22)
Schedule 5 — Police, cust oms and immigration powers
Part 2 — Director General: designation under section 985
(9) 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.
No advisory panel
5 (1) The Secretary of State may, by re gulations, 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.
(2) 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.
(3) Those conditions may, in particular, relate to training received by a person
before appointment as the Director General.
(4) In this paragraph “specified” mean s specified in regulations under this
paragraph.
PART 3
FURTHER  PROVISION  ABOUT  DESIGNATIONS  UNDER  SECTION  9 OR 10
Limitations in designation
6 (1) A designation may be made subject to any limitations specified in the
designation.
(2) In particular, a designation may include—
(a) limitations on which operational powers the designated officer has;
(b) limitations on the purposes fo r which the designated officer may
exercise operational powers which the person has.
Duration of designation
7 (1) A designation has effect without limi tation of time, unless the designation
specifies a period for whic h it is to have effect.
(2) But that is subject to any modifica tion or withdrawal of the designation.
NCA officers having operationa l powers from another office
8 (1) 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.
(2) But see paragraph 12 of Schedule 1 for provision about persons who already
have operational powers upon becoming NCA officers.
(3) If a person is both—Crime and Courts Act 2013 (c. 22)
Schedule 5 — Police, cust oms and immigration powers
Part 3 — Further provision about de signations under section 9 or 1086
(a) an NCA officer designated as a person having operational powers,
and
(b) a special constable or a member  of the Police Service of Northern
Ireland Reserve,
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.
Evidence of designation
9 (1) A designated officer must produce evidence of the designation if—
(a) the officer exercises, or purports  to exercise, any operational power
in relation to another person in reliance on the designation, and
(b) the other person requests the officer to produce such evidence.
(2) If the designated officer fails to prod uce such evidence, that failure does not
make the exercise of the operational power invalid.
PART 4
DESIGNATIONS : POWERS  AND  PRIVILEGES  OF CONSTABLES
The Director General
10 (1) If the Director General is designated as a person having the powers and
privileges of a constable, the Director General has—
(a) in England and Wales and the adjacent United Kingdom waters, all
the powers and privileges of an English and Welsh constable; and
(b) outside the United Kingdom and the United Kingdom waters, all the
powers and privileges of a consta ble that are exercisable overseas.
(2) But that is subject to any limi tations included in the designation.
Other NCA officers
11 (1) If an NCA officer (other than the Dire ctor General) is de signated as a person
having the powers and privileges of  a constable, the NCA officer has—
(a) in England and Wales and the adjacent United Kingdom waters, all
the powers and privileges of an  English and Welsh constable;
(b) in Scotland and the adjacent United Kingdom waters, all the powers
and privileges of a Scottish constable;
(c) in Northern Ireland and the adjacent United Kingdom waters, all the
powers and privileges of a Northern Ireland constable; and
(d) outside the United Kingdom and the United Kingdom waters, all the
powers and privileges of a consta ble that are exercisable overseas.
(2) But that is subject to—
(a) any limitations included in the designation; and
(b) sub-paragraphs (3) and (6).
(3) An NCA officer may only exercise th e powers and privileges of a Scottish
constable in one or othe r of the following cases.
(4) The first case is where— Crime and Courts Act 2013 (c. 22)
Schedule 5 — Police, cust oms and immigration powers
Part 4 — Designations: powers and privileges of constables87
(a) a Scottish general authorisation is in force, and
(b) the powers and privileges are ex ercised in accordance with that
authorisation.
(5) The second case is where—
(a) a Scottish operational authorisat ion is in force in relation to a
particular operation, and
(b) the powers and pr ivileges are exercised—
(i) in connection with that operation, and
(ii) in accordance with that authorisation.
(6) An NCA officer may only exercise th e powers and privileges of a Northern
Ireland constable in one or other of the following cases.
(7) The first case is where— 
(a) a Northern Ireland general authorisation is in force, and
(b) the powers and privileges are ex ercised in accordance with that
authorisation.
(8) The second case is where—
(a) a Northern Ireland general authorisation is in force,
(b) a Northern Ireland operational auth orisation is in force in relation to
a particular operation, and
(c) the powers and pr ivileges are exercised—
(i) in connection with that operation, and
(ii) in accordance with that  operational authorisation.
(9) In this paragraph—
“Northern Ireland general authorisation” means an agreement
between—
(a) the Director General, and
(b) the Department of Justice in Northern Ireland,
about the exercise of the powers and privileges of Northern Ireland
constables by NCA officers;
“Northern Ireland operational authorisation” means an agreement,
which is in conformity with the Northern Ireland general
authorisation that is in force, between—
(a) the Director General, and
(b) an officer in the Police Service of Northern Ireland who is at
or above the rank of As sistant Chief Constable,
about the exercise of the powers and privileges of Northern Ireland
constables by NCA officers in conn ection with a particular operation;
“Scottish general authorisation” means an agreement between—
(a) the Director General, and
(b) the Scottish Ministers,
about the exercise of the powers an d privileges of Scottish constables
by NCA officers;
“Scottish operational authorisatio n” means an agreement between—
(a) the Director General, and
(b) an officer in the Police Service of Scotland who is at or above
the rank of Assistant Chief Constable,Crime and Courts Act 2013 (c. 22)
Schedule 5 — Police, cust oms and immigration powers
Part 4 — Designations: powers  and privileges of constables88
about the exercise of the powers an d privileges of Scottish constables
by NCA officers in connection  with a particular operation.
Application of territorial restrictions
12 Any power or privilege of a constabl e is, when exercisable by the Director
General or any other NCA officer, subject to any territorial re strictions on its
exercise to which it is subject when exercisable by a constable.
Powers exercisable under warrant
13 (1) 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.
(2) For the purpose of enabling a design ated officer to exercise that power or
privilege, the enactment has effect as  if the designated officer were a
constable.
Direction and control of NCA offic ers exercising powers in Scotland
14 When exercising the function of direction and control of the NCA in relation
to the exercise by NCA officers of the powers and privileges of Scottish
constables, the Director General must comply with any instruction given by
t h e  L o r d  A d v o c a t e  o r  p r o c urator fiscal in relation to the investigation of
offences.
Employment law
15 (1) 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 th e purposes of any provision of the
relevant employment legislation.
(2) In this paragraph “relevant employment legislation” means—
(a) the Trade Union and Labour Relations (Consolidation) Act 1992;
(b) the Employment Rights Act 1996;
(c) the Trade Union and Labour Re lations (Northern Ireland) Order
1995;
(d) the Employment Rights (Northern Ireland) Order 1996.
PART 5
DESIGNATIONS : POWERS  OF OFFICERS  OF REVENUE  AND  CUSTOMS
NCA officers
16 (1) 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.
(2) But that is subject to any limi tations included in the designation.Crime and Courts Act 2013 (c. 22)
Schedule 5 — Police, cust oms and immigration powers
Part 5 — Designations: powers of officers of Revenue and Customs89
Powers only exercisable in relation to customs matters
17 If a power of an officer of Reve nue and Customs is exercisable both—
(a) in relation to a customs matter, and
(b) in relation to any other matter,
the power is exercisable by a designat ed officer only in relation to the
customs matter.
Powers exercisable under warrant
18 (1) 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.
(2) For the purpose of enabling a design ated officer to exercise that power in
relation to a customs matter, the enac tment has effect as if the designated
officer were an officer of Revenue and Customs.
PART 6
DESIGNATIONS : POWERS  OF IMMIGRATION  OFFICERS
NCA officers
19 (1) 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 i mmigration officer would have.
(2) But that is subject to any limi tation included in the designation.
(3) 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.
Powers exercisable under warrant
20 (1) 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.
(2) For the purpose of enabling a design ated officer to exercise that power or
privilege, the enactment has effect as  if the designated officer were an
immigration officer.
PART 7
OFFENCES  RELATING  TO DESIGNATIONS
Resistance or wilful obstruction of designated officers etc
21 (1) A person commits an offence if the person resists or wilfully obstructs—
(a) a designated officer acting in the exercise of an operational power, or
(b) a person who is assisting a designated officer in the exercise of such
a power.Crime and Courts Act 2013 (c. 22)
Schedule 5 — Police, cust oms and immigration powers
Part 7 — Offences relating to designations90
(2) A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—
(a) imprisonment for a term not exceeding—
(i) 51 weeks on conviction in England and Wales;
(ii) 12 months on conviction in Scotland;
(iii) 1 month on conviction in Northern Ireland;
(b) a fine not exceeding level 3 on the standard scale.
Assault on designated officers etc
22 (1) A person commits an offe nce if the person assaults—
(a) a designated officer acting in the exercise of an operational power, or
(b) a person who is assisting a designated officer in the exercise of such
a power.
(2) A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—
(a) imprisonment for a term not exceeding—
(i) 51 weeks on conviction in England and Wales;
(ii) 12 months on conviction in Scotland;
(iii) 6 months on conviction in Northern Ireland;
(b) a fine not exceeding level 5 on the standard scale.
Impersonation of designated officer etc
23 (1) A person commits an offenc e if, with intent to deceive—
(a) the person impersonates a designated officer,
(b) the person makes any statement or  does any act calculated falsely to
suggest that the person is  a designated officer, or
(c) the person makes any statement or  does any act calculated falsely to
suggest that the person has powers as a designated officer that
exceed the powers the person actually has.
(2) A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—
(a) imprisonment for a term not exceeding—
(i) 51 weeks on conviction in England and Wales;
(ii) 12 months on conviction in Scotland;
(iii) 6 months on conviction in Northern Ireland;
(b) a fine not exceeding level 5 on the standard scale.
Transitional provision relating to offences
24 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)—
(a) the reference in paragraph 21(2)(a)(i ) to the period of 51 weeks is to
be read as a reference to the period of 1 month;
(b) the references in paragraphs 22( 2)(a)(i) and 23(2)(a)(i) to the period
of 51 weeks are to be read as references to the period of 6 months.Crime and Courts Act 2013 (c. 22)
Schedule 5 — Police, cust oms and immigration powers
Part 8 — General91
PART 8
GENERAL
Payment of revenue to the Commissioners
25 (1) The Director General must pay to the Commissioners any money received
by way of proceeds of forfeitures—
(a) by the Director General in the exercise of any power of the
Commissioners, or
(b) by the Director General or any ot her NCA officer in the exercise of
any power of an officer of Revenue and Customs.
(2) In this section “proceeds of forfeitures” means—
(a) the proceeds of forfeitures made under the customs and excise Acts
(within the meaning of sectio n 1 of the Customs and Excise
Management Act 1979), and
(b) a sum paid, or the proceeds of sa le, under paragraph 16 of Schedule
3 to that Act.
Modification of references
26 If, in accordance with section 9(1) or any provision of this Schedule—
(a) a power of the Commissioners is exercisable by the Director General,
a reference to the Commissioners in any enactment which relates to
that power is to be taken to be, or to include, a reference to the
Director General;
(b) a power or privilege of a constabl e is exercisable by any NCA officer,
a reference to a constable in any enactment which relates to that
power or privilege is to be taken to  be, or to include, a reference to
any NCA officer by whom that po wer or privilege is exercisable;
(c) a power of an officer of Revenu e and Customs is exercisable by any
NCA officer, a reference to an offi cer of Revenue and Customs in any
enactment which relates to that po wer is to be taken to be, or to
include, a reference to any NCA officer by whom that power is
exercisable;
(d) a power of an immigration office r is exercisable by any NCA officer,
a reference to an immigration officer in any enactment which relates
to that power is to be taken to be, or to include, a reference to any
NCA officer by whom that power is exercisable.
Power to make further provision
27 (1) The relevant national authority may, by order, make such provision as that
authority considers appropriate in consequence of—
(a) the Director General having the powers of the Commissioners under
section 9(1), or
(b) designated officers having operational powers.
(2) An order under this para graph may, in particular—
(a) provide for the Director General or designated officers to benefit
from exemptions or other protecti on in respect of the exercise of
operational powers;Crime and Courts Act 2013 (c. 22)
Schedule 5 — Police, cust oms and immigration powers
Part 8 — General92
(b) provide for the disclosure of in formation to, or the doing of other
things in relation to, the Director  General or designated officers;
(c) confer functions on the Direct or General or an y other person;
(d) provide for a class of NCA officers  (whether identified by reference
to a grade or pay scale or otherwise) to be treated as the equivalent
of—
(i) one or more ranks in a UK police force;
(ii) one or more grades of, or pay scales applicable to, officers of
Revenue and Customs;
( i i i ) o n e  o r  m o r e  g r a d e s  o f ,  or pay scales applicable to,
immigration officers.
(3) In this paragraph “designated offi cers” includes a description of such
officers.
Functions of third parties relating to  constables etc: extension to NCA
28 (1) The relevant national authority ma y, by order, provide for a relevant
function of a person to be exercisa ble by that person in relation to—
(a) the NCA,
(b) the Director General, or
(c) NCA officers (or any de scription of NCA officers).
(2) In this paragraph “relevant function” means a function exercisable by any
person in relation to—
(a) a constable,
(b) a UK police force,
(c) an officer of Revenue and Customs,
(d) the Commissioners, or
(e) an immigration officer.
General provision about orders
29 (1) The power to make an order under paragraph 27 or 28 may, in particular, be
exercised by—
(a) amending, repealing, revoki ng or otherwise modifying any
provision made by or under an enactment, or
(b) applying an enactment (wit h or without modifications).
(2) The Secretary of State must consult—
(a) the Commissioners before exercising the power conferred by
paragraph 27 or 28 in relation to an enactment which (expressly or
otherwise) confers any function on  the Commissioners or an officer
of Revenue and Customs;
(b) the Scottish Ministers before exercising the power conferred by
paragraph 27 or 28 in relation to an enactment which extends to
Scotland;
(c) the Department of Justice in Nort hern Ireland before exercising the
power conferred by paragraph 27 or 28 in relation to an enactment
which extends to Northern Ireland.
(3) In this paragraph “enactment” includes a description of enactments.Crime and Courts Act 2013 (c. 22)
Schedule 5 — Police, cust oms and immigration powers
Part 8 — General93
Interpretation
30 In this Schedule—
“Commissioners” means the Commissioners for Her Majesty’s
Revenue and Customs;
“designated officer” means the Director General or any other NCA
officer if designated as having operational powers;
“designation” means—
(a) a designation of the Direct or General under section 9, or
(b) a designation of any other NCA officer under section 10;
and “designated” and cognate ex pressions are to be construed
accordingly;
“limitation” means a limitation included in a designation under
paragraph 6;
“Northern Ireland devolved provision” , in relation to provision of an
order under this Schedule, means provision which would be within
the legislative competence of th e Northern Ireland Assembly if
contained in an Act of the Northern Ireland Assembly;
“powers and privileges of a consta ble that are exercisable overseas”
means the powers and privileges of a constable if, and to the extent
that, they are exercisable outside the United Kingdom and the
United Kingdom waters;
“powers and privileges of an Englis h and Welsh constable” means the
powers and privileges of a constable if, and to the extent that, they
are exercisable in England and Wales or the adjacent United
Kingdom waters;
“powers and privileges of a Northe rn Ireland consta ble” means the
powers and privileges of a constable if, and to the extent that, they
are exercisable in Northern Ireland or the adjacent United Kingdom
waters;
“powers and privileges of a Scottish  constable” means the powers and
privileges of a constable if, and to the extent that, they are exercisable
in Scotland or the adjacent United Kingdom waters;
“relevant national authority”, in re lation to a power to make an order
under this Schedule, means—
(a) the Secretary of State, except in relation to Scottish devolved
provision and Northern Ireland devolved provision;
( b ) t h e  S c o t t i s h  M i n i s t e r s ,  i n  r e l a t i o n  t o  S c o t t i s h  d e v o l v e d
provision;
(c) the Department of Justice in Northern Ireland, in relation to
Northern Ireland devolved provision;
“Scottish devolved provision”, in re lation to provision of an order
under this Schedule, means provis ion that would be within the
legislative competence of the Scotti sh Parliament if contained in an
Act of the Scottish Parliament, ex cept for any provision of the kind
referred to in paragraph 27(2)(d);
“United Kingdom waters” means the sea and other waters within the
seaward limits of the United  Kingdom’s territorial sea.Crime and Courts Act 2013 (c. 22)
Schedule 6 — Inspections and complaints
Part 1 — Inspections94
SCHEDULE 6 Section 11
INSPECTIONS  AND  COMPLAINTS
PART 1
INSPECTIONS
Inspections in Scotland
1 (1) Before making a request for an inspection that would fall to be carried out
wholly or partly in Scotland, the Secr etary of State must consult the Scottish
Ministers.
(2) HMIC may carry out an inspection jo intly with the Scottish inspectors—
(a) if it is carried out wholly in Scotland, or
(b) in a case where it is carried out pa rtly in Scotland, to the extent that
it is carried out there.
(3) Before deciding whether or not to ca rry out such an insp ection jointly with
the Scottish inspectors, HMIC must  consult the Scottish inspectors.
Inspections in Northern Ireland
2 Before making a request for an inspection that would fall to be carried out
wholly or partly in Northern Ireland, the Secretary of State must consult the
Department of Justice in Northern Ireland.
Publication of HMIC reports
3 (1) The Secretary of State must arrange for every HMIC report received to be
published in such manner as the Secr etary of State considers appropriate.
(2) But the Secretary of State may exclud e from publication any part of an HMIC
report if, in the Secretary of State’s opinion, the publication of that part—
(a) would be against the interests of national security,
(b) could prejudice the prevention  or detection of crime, the
apprehension of offenders, or the prosecution of offences, or
(c) might jeopardise the safety of any person.
(3) The Secretary of State must send a copy of the published report—
(a) to the NCA; and
(b) if the inspection was carried out wh olly or partly in Scotland, to the
Scottish Ministers; and
(c) if the inspection was carried ou t wholly or partly in Northern
Ireland, to the Department of Justice in Northern Ireland.
NCA response
4 (1) The Director General must—
(a) prepare comments on each HM IC report as published by the
Secretary of State; and
(b) arrange for those comments to be published in such manner as the
Director General considers appropriate.Crime and Courts Act 2013 (c. 22)
Schedule 6 — Inspec tions and complaints
Part 1 — Inspections95
(2) The Director General must send a copy of any document published under
sub-paragraph (1)(b)—
(a) to the Secretary of State; and
(b) if the inspection was carried out wh olly or partly in Scotland, to the
Scottish Ministers; and
(c) if the inspection was carried ou t wholly or partly in Northern
Ireland, to the Department of Justice in Northern Ireland.
Disclosure of information
5 (1) The Director General must—
(a) provide to a policing inspectorate such information and documents
specified or described in a notifica tion given by the inspectorate to
the Director General, and
(b) produce or deliver up to the insp ectorate all such evidence and other
things so specified or described,
as appear to the inspectorate to be re quired for the purposes of the exercise
of an NCA inspection function.
(2) Anything that the Director General is obliged to provide, produce or deliver
up by virtue of a requirement impo sed under sub-paragraph (1) must be
provided, produced or delivered up in such form and manner, and within
such period, as may be specified—
(a) in the notification imposing the requirement, or
(b) in any subsequent notification given by the inspectorate to the
Director General.
(3) Nothing in this paragraph requires the Director General—
(a) to comply with an obligation imposed under sub-paragraph (1)
before the earliest time at whic h it is practicable to do so, or
(b) to comply at all with any such obligation if it never becomes
practicable to do so.
(4) An NCA officer may disclo se information to any policing inspectorate for
the purposes of the exer c i s e  b y  a n y  p o l i c i n g  i n s p e c t o r a t e  o f  a n  N C A
inspection function.
(5) The Secretary of State ma y, by regulations, make—
(a) further provision about the disc losure of information under sub-
paragraph (1) or (4);
(b) provision about the further disclo sure of information that has been
disclosed under sub-paragraph (1) or (4).
(6) Such regulations ma y, in particular—
(a) modify any provision of Schedule 7 in its application to such a
disclosure, or
(b) disapply any such provisio n from such a disclosure.
Access to premises
6 (1) 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—
(a) the inspectorate requires such access, andCrime and Courts Act 2013 (c. 22)
Schedule 6 — Inspections and complaints
Part 1 — Inspections96
(b) the requirement is imposed for th e purposes of the exercise of an
NCA inspection function.
(2) 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 allo wed to the inspectorate at the earliest
practicable time specified by the inspectorate after there cease to be any such
grounds.
Interpretation
7 In this Part of this Schedule—
“HMIC” means Her Majesty’s Inspectors of Constabulary;
“HMIC report” means a report under section 11(3);
“document” means anything in which information of any description is
recorded;
“inspection” means an inspecti on under section 11(1) or (2);
“NCA inspection function” means a function in relation to the
inspection of the NCA;
“policing inspectorate” means—
(a) HMIC or any person carrying out the functions of the HMIC,
and
(b) the Scottish inspectors or  any person carrying out the
functions of the Scottish inspectors.
“request” means a request under section 11(2) for an inspection;
“Scottish inspectors” me ans the inspectors of constabulary for which
Part 1 of the Police and Fire Re form (Scotland) Act 2012 provides.
PART 2
COMPLAINTS : OTHER  AMENDMENTS
Police Reform Act 2002
8 The Police Reform Act 2002 is amended as follows.
9 (1) Section 10 (general functions of the IPCC) is amended in accordance with
this paragraph.
(2) In subsection (1)—
(a) in paragraph (g), for “Serious Organised Crime Agency” substitute
“National Crime Agency”;
(b) omit paragraph (h).
(3) In subsection (3), for paragr aphs (ba) and (bb) substitute—
“(bc) any regulations under section 26C of this Act (the National
Crime Agency);”.
(4) Omit subsection (9).
10 (1) Section 11 (reports to the Secretary of State) is amended in accordance with
this paragraph.
(2) In subsection (6)—Crime and Courts Act 2013 (c. 22)
Schedule 6 — Inspec tions and complaints
Part 2 — Complaints : other amendments97
(a) omit paragraphs (b) and (e);
(b) after paragraph (e) insert—
“(f) to the National Crime Agency.”.
(3) In subsection (8), for “Serious  Organised Crime Agency” substitute
“National Crime Agency”.
(4) Omit subsection (9A).
(5) In subsection (10)—
(a) omit paragraphs (d) and (h);
(b) in paragraph (g), omit “and”;
(c) after paragraph (h) insert “; and
(i) the National Crime Agency.”.
11 (1) Section 15 (general duties) is amended in acco rdance with this section.
(2) In subsection (1A), for “Serious  Organised Crime Agency” substitute
“National Crime Agency”.
(3) Omit subsection (1B).
(4) In subsection (3)(c)—
(a) for “Serious Organised Crime Ag ency” substitute “National Crime
Agency”;
(b) for “member of the staff of that  Agency” substitute “National Crime
Agency officer”.
(5) In subsections (4)(c) and (5)(c), fo r “Serious Organised Crime Agency”
substitute “National Crime Agency”.
(6) In subsection (6)—
(a) for “Serious Organised Crime Ag ency” substitute “National Crime
Agency”;
(b) in paragraph (a), for “member of the staff of the Agency” substitute
“a National Crime Agency officer”.
(7) In subsection (7), for “member of th e staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.
(8) In subsection (8), for “member of th e staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.
(9) Omit subsection (8A).
(10) In subsection (9)—
(a) in paragraph (a), for “member of the staff of the Serious Organised
Crime Agency” substitute “Nat ional Crime Agency officer”;
(b) in paragraph (b), for “member of the staff of the Agency” substitute
“National Crime Agency officer”.
(11) In subsection (10), omit paragraph (b) (and the word “and” at the end of
paragraph (a)).
12 (1) Section 16 (payment for assistance with investigations) is amended in
accordance with this paragraph.Crime and Courts Act 2013 (c. 22)
Schedule 6 — Inspections and complaints
Part 2 — Complaints : other amendments98
(2) In subsection (5)(a), for “Serious  Organised Crime Agency” substitute
“National Crime Agency”.
(3) In subsection (6), for “Serious  Organised Crime Agency” substitute
“National Crime Agency”.
13 Omit section 16A (investiga tions: NPIA involvement).
14 In section 17, omit subsection (6).
15 Omit sections 26A and 26B (agreements about complaints about the Serious
Organised Crime Agency or the Nati onal Policing Improvement Agency).
16 In section 29 (interpretation of Part 2), in subsection (3), for paragraphs (b)
and (c) substitute—
“(ca) a National Crime Agency officer; or”.
17 (1) Schedule 3 (handling of complaints and conduct matters etc) is amended in
accordance with this paragraph.
(2) In paragraph 16(3), for paragr aphs (b) and (c) substitute—
“(d) a National Crime Agency officer,”.
(3) In paragraph 17(2), for paragr aphs (b) and (c) substitute—
“(d) a National Crime Agency officer,”.
Police, Public Order and Criminal Justice (Scotl and) Act 2006 (Consequ ential Provisions and 
Modifications) Order 2007
18 (1) 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.
(2) In article 2 (interpretation) , for paragraph (d) substitute—
“(d) “NCA” means the National Crime Agency;
(e) “NCA officer” means a Nati onal Crime Agency officer.”.
(3) In article 4 (agreements to establish complaints procedures), in paragraph
(7)—
(a) omit sub-paragraph (b)(iv);
(b) omit sub-paragraph (c)(iii);
(c) after sub-paragraph (c) insert—
“(d) any statement made by a person who is, or has been,
an NCA officer about the terms and conditions of
their service;”.
(4) 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.
Police (Northern Ireland) Act 1998
19 In section 61 of the Police (Northern Ireland) Act 1998 (reports), in
subsection (5)(c), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.Crime and Courts Act 2013 (c. 22)
Schedule 7 — Information: restrictions on disclosure
Part 1 — Statutory restrictions99
SCHEDULE 7 Section 12
INFORMATION : RESTRICTIONS  ON DISCLOSURE
PART 1
STATUTORY  RESTRICTIONS
1 This Part of this Act does not authorise or require—
(a) a disclosure, in contraventio n of any provisions of the Data
Protection Act 1998, of  personal data which are not exempt from
those provisions, or
(b) a disclosure which is prohibited  by Part 1 of the Regulation of
Investigatory Powers Act 2000.
PART 2
RESTRICTIONS  ON DISCLOSURES  OF PARTICULAR  TYPES  OF INFORMATION
HMRC & customs information
2 (1) An NCA officer must not disclose— 
(a) HMRC information,
(b) personal customs information, or
(c) personal customs revenue information,
unless the relevant authority consents to the disclosure.
(2) If an NCA officer has disclosed— 
(a) HMRC information,
(b) personal customs information, or
(c) personal customs revenue information,
to a person, that person must not furt her disclose that information unless the
relevant authority consents to the disclosure.
(3) 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 sa me meanings as in the Borders, Citizenship
and Immigration Act 2009 (see section 15(4) of that Act);
“relevant authority” means—
(a) the Commissioners or an offi cer of Revenue and Customs (in
the case of a disclosure or  further disclosure of HMRC
information);
(b) the Secretary of State or a designated general customs official
(in the case of a disclosure or further disclosure of personal
customs information);
(c) the Director of Border Re venue or a designated customs
revenue official (in the case of a disclosure or further
disclosure of personal customs revenue information).Crime and Courts Act 2013 (c. 22)
Schedule 7 — Information: restrictions on disclosure
Part 2 — Restrictions on disclosures of particular types of information100
Social security information
3 (1) An NCA officer must not disclose social security information unless the
relevant authority consents to the disclosure.
(2) If an NCA officer has disclosed social security information to a person, that
person must not further disclose th at information un less the relevant
authority consents to the disclosure.
(3) In this paragraph—
“relevant authority” means—
(a) 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 function s of the Secretary of State);
(b) the Department for Social De velopment 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—
(a) functions relating to social  security, including functions
relating to—
(i) statutory payments as defined in section 4C(11) of the
Social Security Contributions and Benefits Act 1992;
(ii) maternity allowance under section 35 of that Act;
(iii) statutory payments as defined in section 4C(11) of the
Social Security Contributions and Benefits (Northern
Ireland) Act 1992;
(iv) maternity allowance under section 35 of that Act;
(v) schemes and arrangements  under section 2 of the
Employment and Training Act 1973;
(b) functions relating to the investigation and prosecution of
offences relating to tax credits.
Intelligence service information
4 (1) An NCA officer must not disclose inte lligence service information unless the
relevant authority consents to the disclosure.
(2) If an NCA officer has di sclosed intelligence servic e information to a person,
that person must not further disclose that information unless the relevant
authority consents to the disclosure.
(3) In this paragraph—
“intelligence service” means—
(a) the Security Service,
(b) the Secret Intelligence Service, or
(c) GCHQ (which has the same me aning as in th e Intelligence
Services Act 1994);
“intelligence service information” means information obtained from an
intelligence service or a person acting on behalf of an intelligence
service;Crime and Courts Act 2013 (c. 22)
Schedule 7 — Information: restrictions on disclosure
Part 2 — Restrictions on disclosures of particular types of information101
“relevant authority” means—
(a) 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);
(b) 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);
(c) the Director of GCHQ (in th e case of information obtained
from GCHQ or a person  acting on its behalf).
Arrangements for publishing information
5 The Director General must not disclose  information if the disclosure would
be in breach of a requirem ent that is imposed on the Director General by the
framework document in accordance with section 6(2).
PART 3
RESTRICTIONS  ON FURTHER  DISCLOSURES  OF INFORMATION
Information generally
6 (1) If an NCA officer has disclosed information to a person (the “original
recipient”), that person must not fu rther disclose the information unless—
(a) the disclosure is—
(i) for a purpose connected with any relevant function of the
original recipient, or
(ii) otherwise for a pe rmitted purpose, and
(b) the Director General consents to the disclosure.
(2) This paragraph does not apply to a further disclosure of information if—
(a) paragraph 7 or 8 applies, or
(b) the NCA officer’s disclosure to the original recipient was a
disclosure—
(i) to the Lord Advocate for the purposes of the exercise of the
functions of the Lord Advocate  under Part 3 of PCA 2002, or
(ii) to the Scottish Ministers for th e purposes of the exercise of the
functions of the Scottish Minist ers under, or in relation to,
Part 5 of PCA 2002;
and for provision about the further disclosure of such information,
see section 441 of PCA 2002.
(3) In this paragraph “relevant function ” means any function of the original
recipient for the purposes  of which the information was disclosed to that
recipient.
Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners
7 (1) This paragraph applies to informat ion disclosed by an NCA officer under
section 7(7) to the Commissioners.
(2) The information may be further disclosed by the Commissioners only if the
disclosure is—Crime and Courts Act 2013 (c. 22)
Schedule 7 — Information: restrictions on disclosure
Part 3 — Restrictions on furt her disclosures of information102
(a) for a purpose connected with any relevant function of the
Commissioners, or
(b) otherwise for a permitted purpose.
(3) The information may be further disclosed by a person other than the
Commissioners only if—
(a) the disclosure is—
(i) for a purpose connected with any relevant function of the
Commissioners, or
(ii) otherwise for a pe rmitted purpose, and
(b) the Director General consents to the disclosure.
(4) In this paragraph “relevant function” means any function of the
Commissioners for the purposes of which the information was disclosed.
Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate
8 Information disclosed by an NCA o fficer under section 7(7) to the Lord
Advocate may be further disclose d only if the disclosure is—
(a) by the Lord Advocate to the Scottish Ministers, and
(b) for the purpose of the exercise by the Scottish Ministers of their
functions under Part 5 of PCA 2002.
PART 4
PUBLISHED  INFORMATION : NO RESTRICTIONS  ON FURTHER  DISCLOSURE
9 (1) This paragraph applies where an NCA officer discloses information, in
accordance with this Pa rt of this Act, by—
(a) the inclusion of the information in an annual plan, framework
document or annual report, or
(b) the publication of the information in accordance with arrangements
made under section 6.
(2) None of the relevant restrictions a pplies to the further disclosure of that
information by any person.
(3) In this paragraph “relevant restriction” means any provision of this Part of
this Act (however expressed) which prohibits or otherwise restricts the
further disclosure of information disc losed by an NCA officer (including a
provision which limits the purposes for which such information may be
further disclosed or which requires a person’s consent to be obtained before
the further disclosure).
PART 5
OFFENCES  RELATING  TO WRONGFUL  DISCLOSURE  OF INFORMATION
10 (1) An NCA officer commits an offence if—
(a) the NCA officer discloses information, and
(b) that disclosure breaches the duty under—
(i) paragraph 2(1) (disclosure of HMRC information, personal
customs information or pe rsonal revenue customs
information), orCrime and Courts Act 2013 (c. 22)
Schedule 7 — Information: restrictions on disclosure
Part 5 — Offences relating to wr ongful disclosure of information103
(ii) paragraph 3(1) (disclosure of social security information).
(2) A person commits an offence if—
(a) the person further discloses information, and
(b) that further disclosure breaches the duty under—
(i) paragraph 2(2) (further disclosure of HMRC information,
personal customs information or personal revenue customs
information), or
(ii) paragraph 3(2) (further disclosure of social security
information).
(3) It is a defence for a person charged with an offence under this paragraph to
prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information disclosed had  already and lawfully been made
available to the public.
(4) A prosecution for an offence under this paragraph—
(a) may be brought in England and Wa les only with the consent of the
Director of Public Prosecutions;
(b) may be brought in Northern Irel and only with the consent of the
Director of Public Prosecutions for Northern Ireland.
(5) This paragraph is without prejudice to the pursuit of any remedy or the
taking of any action in relation to a breach of a relevant duty.
(6) A person guilty of an offence under this paragraph is liable on conviction on
indictment to either or both of the following—
(a) imprisonment for a term not exceeding 2 years;
(b) a fine.
(7) A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—
(a) imprisonment for a term not exceeding—
(i) 12 months on conviction in England and Wales;
(ii) 12 months on conviction in Scotland;
(iii) 6 months on conviction in Northern Ireland;
(b) a fine not exceeding the statutory maximum.
(8) In relation to an offence committed before the commencement of section 282
of the Criminal Justice Act 2003 (inc rease in maximum sentence on summary
conviction of offence triable either way), the reference in sub-paragraph
(7)(a)(i) to the period of 12 months is to be read as a reference to the period
of 6 months.
PART 6
GENERAL
Consents
11 A consent to disclosure of informatio n under any provision of this Schedule
may be given in relation to—
(a) a particular disclosure, orCrime and Courts Act 2013 (c. 22)
Schedule 7 — Information: restrictions on disclosure
Part 6 — General104
(b) disclosures made in circumstanc es specified or described in the
consent.
Interpretation
12 In this Schedule—
“Commissioners” means the Commissioners for Her Majesty’s
Revenue and Customs;
“PCA 2002” means the Proceeds of Crime Act 2002.
SCHEDULE 8 Section 15
ABOLITION  OF SOCA AND  NPIA
PART 1
TRANSITIONAL , TRANSITORY  AND  SAVING  PROVISION
Transfer schemes
1 (1) The Secretary of State may make—
(a) one or more staff transfer schemes, and
(b) one or more property transfer schemes.
(2) The Secretary of State may include—
(a) provision under paragraph 2(1)(a)(i v) in a staff transfer scheme, or
(b) provision under paragraph 3(1)(c ) in a property transfer scheme,
only if the Secretary of State consider s that the provision is appropriate in
connection with an order under sectio n 2 (modification of NCA functions).
(3) The Secretary of State must lay before  Parliament each staff transfer scheme
and each property transfer scheme that is made.
2 (1) A staff transfer scheme is a scheme which provides—
(a) for—
(i) a designated member of the staff of SOCA,
(ii) a designated constable in an  England and Wales police force,
(iii) a designated member of the civilian staff of an England and
Wales police force, or
(iv) a designated member of the personnel or staff of any other
person,
to become an NCA officer and, accordingly, to become employed in
the civil service of the state;
(b) for a designated member of the staff of the NPIA to become
employed in the civil service of the state—
(i) as an NCA officer, or
(ii) in the Home Office;
(c) so far as may be cons istent with employment in the civil service of
the state, for the terms and conditio ns of the designated transferee’s
employment to have effect as the person’s terms and conditions of
employment as an NCA office r or in the Home Office;Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision105
(d) for the transfer to the NCA or th e Secretary of State of the rights,
powers, duties and liabilities of the employer under or in connection
with the designated transferee ’s contract of employment;
(e) for anything done (or having effect as if done) before that transfer by
or in relation to the employer in respect of such a contract or the
designated transferee to be treate d as having been done by or in
relation to the NCA or the Secretary of State.
(2) A staff transfer scheme may provid e for a period before a person became
employed in the civil service of the state under a staff transfer scheme to
count as a period during which the pers on was employed in the civil service
of the state (and for the operation of the scheme not to be treated as having
interrupted the continuity of that period).
(3) A staff transfer scheme may provide for a person who would otherwise
become employed in the civil service of the state under a staff transfer
scheme not to become so employed if the person gives notice objecting to the
operation of the scheme in  relation to the person.
(4) A staff transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise)  as being dismisse d by the operation
of the scheme not to be so treated.
(5) A staff transfer scheme may provide for a person to become employed in the
civil service of the state despite any provision, of whatever nature, which
would otherwise prevent the person from being employed in the civil
service of the state.
(6) A staff transfer scheme may provide for a person’s secondment to SOCA or
the NPIA to continue as a secondment of that person to the NCA.
(7) In the application of this paragraph to the transfer of a constable—
(a) a reference to employment (oth er than employment in the civil
service of the state) is a reference to service as a constable;
(b) a reference to a contract of employment is a reference to the terms
and conditions of service as a constable;
(c) a reference to the employer is a reference to the chief officer of the
police force, and the policing body for the police force, in which the
constable serves.
3 (1) A property transfer scheme is a sc heme providing for the transfer to the
NCA of designated property, rights or liabilities from—
(a) SOCA,
(b) the chief officer of, or the poli cing body for, an England and Wales
police force, or
(c) any other person,
or for the transfer to the NCA or the Secretary of State of designated
property, rights or liabi lities from the NPIA.
(2) A property transfer scheme may—
(a) create rights, or impose liabilities,  in relation to property or rights
transferred by virtue of the scheme;
( b ) p r o v i d e  f o r  a n y t h i n g  d o n e  b y  o r  i n  r e l a t i o n  t o  a  t r a n s f e r o r  i n
connection with any prop erty, rights or liabilit ies transferred by the
scheme to be treated as done, or to be continued, by or in relation to
the NCA or the Secretary of State;Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision106
(c) provide for anything done by a transferor which gives rise to
criminal liability to be treated as done by the NCA or the Secretary of
State and, in such a case, provide that Crown immunity does not
affect the criminal liability of  the NCA or Secretary of State;
(d) apportion property, rights and liabilities;
(e) make provision about the cont inuation of legal proceedings.
(3) The things that may be transferred by a property transfer scheme include—
(a) property, rights and liabiliti es that could not otherwise be
transferred;
(b) property acquired, and rights and liabilities arising, after the making
of the scheme.
4 (1) A staff transfer scheme or a property transfer scheme may make—
(a) provision for any reference to a tr ansferor in any document or other
instrument, contract or  legal proceedings to have effect as, or as
including, a reference to the NCA or the Secretary of State;
(b) supplementary, incidental, transi tional and consequential provision.
(2) A staff transfer scheme may make provision which is the same or similar as
provision made by the TUPE regulation s (if those regulations do not apply
to the transfer).
5 In paragraphs 2 to 4—
“civilian staff”, in relation to an England and Wales police force, means
a person employed by the policing body for that force;
“designated”, in relation to a staff tr ansfer scheme or a property transfer
scheme, means specified in, or dete rmined in accordance with, the
scheme;
“designated transferee” means a person in respect of whom a staff
transfer scheme makes provision of the kind referred to in paragraph
2(1)(a) or (b);
“Home Office” means the department of the Secretary of State having
responsibility for policing;
“instrument” includes a designation, authorisation, warrant, or order
of any court;
“transferor”, in relation to a staff transfer scheme or a property transfer
scheme, means any of the following to which the scheme relates—
(a) SOCA;
(b) the NPIA;
(c) the chief officer of, or the policing body, for an England and
Wales police force;
(d) any other person;
“TUPE regulations” means the Transf er of Undertakings (Protection of
Employment) Regulations 2006.
Continuity in relation to functions
6 (1) The abolition of SOCA or the NPIA does not affect the validity of anything
done before the abolition.
(2) The transfer of a function does not affect the validity of anything done before
the transfer.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision107
(3) Sub-paragraphs (4) to (6) apply in re lation to the transfer of a function.
(4) Where anything—
(a) relates to the transferred function, and
(b) is in the process of being made or  d o n e  b y  o r  i n  r e l a t i o n  t o  t h e
transferor immediately before the transfer takes effect,
it may be continued afterwards by or in relation to the transferee.
(5) Where anything—
(a) relates to the transferred function,
(b) has been made or done by or in relation to the transferor, and
(c) is in effect immediately befo re the transfer takes effect,
it has effect afterwards as if made or done by or in relation to the transferee.
(6) The transferee is to be substituted for the transferor in any documents and
other instruments, contracts or legal proceedings which—
(a) relate to the tran sferred function, and
(b) are made or commenced before the transfer takes effect.
(7) The Secretary of State may, by dire ction, determine any question under this
paragraph as to—
(a) whether there has been a transf er of a particular function, or
(b) the person to whom th ere has been a tr ansfer of a particular function.
(8) The preceding provisions of this paragraph are without prejudice to the
powers under section 60 (transitional, transitory or saving provision).
(9) The following provisions of this pa ragraph apply for the purposes of this
paragraph.
(10) A reference to—
(a) the abolition of SOCA includes a reference to the ending of a
person’s membership of SOCA or membership of the staff of SOCA;
(b) the abolition of the NPIA includ es a reference to the ending of a
person’s membership of the NPIA or  membership of the staff of the
NPIA.
(11) A reference to the transfer of a function is a reference to—
(a) the transfer of a SOCA fu nction by or under this Act,
(b) the transfer of an NPIA func tion by or under this Act, and
(c) the assumption of a thir d party function by the NCA.
(12) For that purpose—
(a) the reference to the transfer of a SOCA function or NPIA function by
or under this Act includes a reference to a case where—
(i) a SOCA function or NPIA function is abolished, and
(ii) a corresponding function is  conferred on another person,
by or under this Act;
(b) the reference to the assumption of  a third party function by the NCA
is a reference to the case where—
(i) a function (other than a SOCA  function or an NPIA function)
is exercisable before the changeover by a person (the “third
party”),Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision108
(ii) a corresponding function is included in the NCA functions,
and
(iii) a person employed by, or ot herwise serving, the third party
wholly or partly for the purp ose of the exercise of the
function becomes an NCA officer;
and references to the transferred func tion, the transferor and the transferee
are to be read accordingly.
(13) A reference to a thing being, or having been, made or done includes—
(a) a reference to—
(i) a document or other instrume nt being, or having been, made
or otherwise produced,
(ii) a contract being, or having been, agreed, and
(iii) legal proceedings being, or having been, brought; and
(b) a reference to a thing being, or  having been, made or done under—
(i) a document or other instrument,
(ii) a contract, or
(iii) legal proceedings.
(14) A reference to a thing which relates to a transferred function includes a
reference to a thing made or done for the purposes of, or otherwise in
connection with, a transferred function.
(15) These expressions have the meanings given—
“instrument” includes a designation, authorisation, warrant, or order
of any court;
“NPIA functions” means functions of—
(a) the NPIA,
(b) a member of the NPIA, or
(c) a member of the staff of the NPIA;
“SOCA functions” means functions of—
(a) SOCA,
(b) a member of SOCA, or
(c) a member of the staff of SOCA.
Continuity in relation to subordinate legislation
7 (1) After the changeover, the subordinate le gislation specified in an entry in the
first column of the following table—
(a) continues to have effect (subje ct to any subsequent amendment or
revocation) as if made under the powers conferred by the provision
of this Act specified in the co rresponding entry in the second
column; and
(b) may be amended or revoked by (i n particular) the exercise of the
powers conferred by that provision.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision109
(2) Insofar as subordinate legislation continues to have effect by virtue of sub-
paragraph (1), it does so subjec t to the following modifications.Subordinate legislation Provision of this Act
The Serious Organised Crime
and Police Act 2005 (Application
and Modification of Certain
Enactments to Designated Staff
of SOCA) Order 2006 (S.I. 2006/
987)Paragraphs 27 to 29 of Schedule 5
The International Joint
Investigation Teams
(International Agreement) Order
2009 (S.I. 2009/3269), insofar as it
is made under powers conferred
by the Serious Organised Crime
and Police Act 2005Paragraph 5(1)(c) of Schedule 4
The Serious Organised Crime
and Police Act 2005 (Disclosure
of Information by SOCA) Order
2010 (S.I. 2010/1955)Paragraph (p) of the definition of
“permitted purpose” in section
16(1)
The Serious Organised Crime and Police Act 2005 (Application and
Modification of Certain Enactments to  Designated Staff of SOCA) Order
2006 (S.I. 2006/987)
Articles 2 and
4(4) and
paragraph 21
of Schedule 1The reference to section 43(1)(a) of the Serious
Organised Crime and Police Act 2005 has effect as a
reference to section 9 or 10 of this Act
Articles 3(b)
and 4(1)(b)The reference to Chapter 2 of Part 1 of the Serious
Organised Crime and Police Act 2005 has effect as a
reference to Part 1 of this Act
Article 4(3) The reference to sect ion 46 of the Serious Organised
Crime and Police Act 2005 has effect as a reference
to Part 4 of Schedule 5 to this Act
Article 5 and
Paragraph 6
of Schedule 2The reference to section 43(1)(c) of the Serious
Organised Crime and Police Act 2005 has effect as a
reference to section 9 or 10 of this Act
Articles 6(b)
and 7(1)(b)The reference to Chapter 2 of Part 1 of the Serious
Organised Crime and Police Act 2005 has effect as a
reference to Part 1 of this Act
Schedule 1 Each reference to a SOCA office has effect as a
reference to a place for the time being occupied by
the National Crime AgencyCrime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision110
(3) The modifications applicable to any su bordinate legislation by virtue of sub-
paragraph (2) are in addition to any other modifications applicable to that
subordinate legislation (whether by virtue of Part 4 of this Schedule or
otherwise).
(4) The preceding provisions of this pa ragraph are without prejudice to sections
59 (consequential amendments) and 60 (transitional, transitory or saving
provision).
Members of SOCA
8 (1) The Secretary of State may pay such amount (if any) as the Secretary of State
thinks appropriate to a person who ceases to be a SOCA board member at
the changeover.
(2) In this paragraph “SOCA board member” means a person who is a member
of SOCA by virtue of paragraph 1(1)(a ) or (c) of Schedule 1 to the Serious
Organised Crime and Police Act 2005 (the chairman and ordinary members).
SOCA annual reports and accounts
9 (1) The repeal of sections 7 and 20 of the Serious Organised Crime and Police
Act 2005 (annual reports and accounts ) by this Act does not affect the
application of those sections, after the changeover, in relation to times before
the changeover.
(2) Sections 7 and 20 of the 2005 Act apply in relation to the final period as they
apply to any financial year of SOCA (a nd, accordingly, references in those
sections to a financial year of SOCA include references to the final period).
(3) After the changeover, the duties im posed on SOCA by sections 7 and 20 of
the 2005 Act are to be discharged by the Director General of the National
Crime Agency.
(4) In this paragraph “final pe riod” means the period which—
(a) begins with the last 1 April to  fall before the changeover, and
(b) ends with the changeover.The International Joint Investigat ion Teams (International Agreement)
Order 2009 (S.I. 2009/3269)
Article 2(d) The reference to sect ions 30(5)(c) and 57(6)(c) of the
Serious Organised Crime and Police Act 2005 has
effect as a reference to paragraph 5(1)(c) of Schedule
4 to this Act
The Serious Organised Crime and Police Act 2005 (Disclosure of
Information by SOCA) Order 2010 (S.I. 2010/1955)
Article 2 The reference to sectio n 33 of the Serious Organised
Crime and Police Act 2005 has effect as a reference
to the definition of “permitted purpose” in section
16(1) of this ActCrime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision111
Saving of accrued pension rights etc
10 (1) The amendments of the Superannuation Act 1972 made by Part 2 of this
Schedule do not affect the operation of that Act in relation to employment of
any of the following kinds by any person—
(a) employment by SOCA;
(b) employment as a member of the staff of the NPIA.
(2) The amendments of the Police Pensio ns Act 1976 made by Part 2 of this
Schedule do not affect the operation of that Act in relation to service of any
of the following kinds by any person—
(a) service as an employee of SOCA;
(b) relevant service within paragraph (c a) or (cb) of section 97(1) of the
Police Act 1996;
(c) relevant service within  section 38A(1)(ba) of the Police (Scotland) Act
1967;
(d) service as a member of the staff of NPIA.
Scottish police reform
11 (1) The power conferred by section 60 may, in particular, be exercised to make
provision to secure that the NCA prov isions have full effect despite the
coming into force of particular NCA pr ovisions before the coming into force
of particular Scottish po lice reform provisions.
(2) Such provision may, in particular, modify a reference in any of the NCA
provisions to any person, body or othe r thing created by the Scottish police
reform provisions.
(3) That includes the modi fication of a reference—
(a) to the Police Service of Scotland, in  particular by providing for it to
have effect as, or as including, a reference to one or more of the
following—
(i) an existing Scottish police force;
(ii) the Scottish Crime and Drugs Enforcement Agency;
(b) to the chief constable of the Polic e Service of Scotland, in particular
by providing for it to have effect as, or as including, a reference to
one or more of the following—
(i) the chief constable of an existing Scottish police force;
(ii) the Scottish Crime and Drugs Enforcement Agency;
(iii) the Director General of that Agency;
(c) to the Scottish Police Authority, in  particular by providing for it to
have effect as, or as including, a reference to one or more of the
following—
(i) an existing Scottish police authority;
(ii) the Scottish Crime and Drugs Enforcement Agency;
(iii) the Director General of that Agency;
(iv) the Scottish Police Services Authority;
(d) to constables in the Police Service of Scotland, in particular by
providing for it to have effect as, or as including, a reference to one
or more of the following—
(i) constables in existing Scottish police forces;Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision112
(ii) police members of the Scottish Crime and Drugs
Enforcement Agency;
(iii) support staff members of the Scottish Crime and Drugs
Enforcement Agency.
(4) In this paragraph—
“existing Scottish police authority” means a body which is a police
authority by virtue  of section 2 of the Police (Scotland) Act 1967 or a
joint police board constituted in accordance with an amalgamation
scheme made under that Act;
“existing Scottish police force” means a police force maintained under,
or by virtue of, section 1 of the Police (Scotland) Act 1967;
“NCA provisions” means the provisions of this Part of this Act
(including any amendments of othe r enactments made by this Part
of this Act);
“Scottish police reform provisions” means the provisions of Part 1 of
the Police and Fire Reform (Scotland) Act 2012.
Director of Revenue and Customs Prosecutions
12 (1) This paragraph applies if, before th e changeover, there has been no merger
of the offices of—
(a) the Director of Pu blic Prosecutions, and
(b) the Director of Revenu e and Customs Prosecutions.
(2) In relation to the DRCP transitional period, the reference to the Director of
Public Prosecutions in pa ragraph (i)(i) of the defini tion of permitted purpose
in section 16(1) has effect as if it included a reference to the Director of
Revenue and Customs Prosecutions.
(3) In this paragraph—
(a) a reference to a merger of offices is a reference to a Minister merging
the offices by order under section 2 of the Public Bodies Act 2011;
(b) “DRCP transitional period” means the period which—
(i) begins with the changeover, and
(ii) ends when there is a merger of the offices of  the Director of
Public Prosecutions and th e Director of Revenue and
Customs Prosecutions.
Interpretation
13 In this Part of this Schedule—
“changeover” means the time when section 1 comes into force;
“NPIA” means the National Policing Improvement Agency;
“SOCA” means the Serious Organised Crime Agency.
PART 2
MINOR  AND  CONSEQUENTIAL  AMENDMENTS  AND  REPEALS
Explosives Act 1875 (c. 17)
14 (1) Section 75 of the Explosives Act 18 75 is amended in accordance with this
paragraph.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals113
(2) In subsection (1), for “Director Ge neral of the Serious Organised Crime
Agency” substitute “Director Genera l of the National Crime Agency”.
(3) In subsection (2), for the words from  “means” to “2005” substitute “means a
National Crime Agency officer who is for the time being designated under
section 9 or 10 of the Crime and Courts Act 2013”.
Police (Property) Act 1897 (c. 30)
15 (1) Section 2A of the Police (Prope rty) Act 1897 (application to SOCA) is
amended in accordance with this paragraph.
(2) In the heading, for “ SOCA ” substitute “ the National Crime Agency ”.
(3) In subsection (1), for “Serious  Organised Crime Agency” substitute
“National Crime Agency”.
(4) In subsection (2)—
(a) for “Serious Organised Crime Ag ency” substitute “National Crime
Agency”;
(b) in paragraph (a) for “member of staff of th at Agency” substitute
“National Crime Agency officer”.
(5) In subsection (3), for “Serious  Organised Crime Agency” substitute
“National Crime Agency”.
Public Records Act 1958 (c. 51)
16 In Schedule 1 to the Public Records Act 1958, in Part 2 of the table at the end
of paragraph 3, omit—
(a) the entry relating to the Nati onal Policing Improvement Agency;
(b) the entry relating to the Serious Organised Crime Agency.
Offices, Shops and Railway Premises Act 1963 (c. 41)
17 In section 90 of the Offices, Shops and Railway Premises Act 1963
(interpretation), in subsec tion (4)(d), for the words from “Serious” to the end
substitute “National Crime Agency to serve as a National Crime Agency
officer”.
Parliamentary Commissioner Act 1967 (c. 13)
18 (1) Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) is amended in accordance with this paragraph.
(2) In the list of departments etc subject to investigation—
(a) insert at the appropriate place—
“National Crime Agency.”;
(b) omit—
(i) the entry relating to the National Policing Improvement
Agency;
(ii) the entry relating to the Serious Organised Crime Agency.
(3) In the notes after that list, in the note relating to the Serious Organised Crime
Agency—Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals114
(a) for the title substitute “ National Crime Agency ”;
(b) in the note, for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
Firearms Act 1968 (c. 27)
19 In the Firearms Act 1968, in section 54 (application of Parts 1 and 2 to Crown
Servants), in subsection (3), omit paragr aph (c) (and the word “or” at the end
of paragraph (b)).
Superannuation Act 1972 (c. 11)
20 In the Superannuation Act 1972, in Schedule 1 (kinds of employment etc
referred to in section 1)—
(a) omit the entry for employment by the Serious Organised Crime
Agency;
(b) omit the entry for employment as  a member of the staff of the
National Policing Improvement Agency.
Health and Safety at Work etc. Act 1974 (c. 37)
21 (1) Section 51A of the Health and Safety  at Work etc. Act 1974 (application of
Part 1 to police) is amended in  accordance with this paragraph.
(2) In subsection (2)(b), for “Serious Organised Crime Agency to serve as a
member of its staff” substitute “N ational Crime Agency to serve as a
National Crime Agency officer”.
(3) In subsection (2E), fo r paragraph (f) substitute—
“(f) paragraph 2 of Schedule 4 to the Crime and Courts Act
2013;”.
House of Commons Disqualification Act 1975 (c. 24)
22 In the House of Common s Disqualification Act 1975, in Schedule 1 (offices
disqualifying for membership)—
(a) in Part 2 (bodies of which all members are disqualified), omit—
(i) the entry for the National Policing Improvement Agency;
(ii) the entry for the Seriou s Organised Crime Agency;
(b) in Part 3 (other disqualifying o ffices), omit the entry for members of
the staff of the Serious Organised Crime Agency.
Northern Ireland As sembly Disqualification Act 1975 (c. 25)
23 In the Northern Ireland Assembly Disq ualification Act 1975, in Schedule 1
(offices disqualifying for membership)—
(a) in Part 2 (bodies of which all members are disqualified), omit—
(i) the entry for the National Policing Improvement Agency;
(ii) the entry for the Seriou s Organised Crime Agency;
(b) in Part 3 (other disqualifying o ffices), omit the entry for members of
the staff of the Serious Organised Crime Agency.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals115
Police Pensions Act 1976 (c. 35)
24 The Police Pensions Act 19 76 is amended as follows.
25 In section 7 (payment of pensions and contributions), in subsection (2)—
(a) omit— 
(i) paragraphs (ca) to (cd);
(ii) paragraph (cf);
(b) after paragraph (d) insert—
“(da) a National Crime Agen cy officer whose service as
such is eligible service;”
26 (1) Section 11 (interpretation) is amended in accordance with this paragraph.
(2) In subsection (1)—
(a) omit—
(i) paragraphs (ba) to (bd);
(ii) paragraph (bf);
(b) in paragraph (bfa) (inserted by Schedule 1 to the Police and Fire
Reform (Scotland) Act 2012 (Consequential Provisions and
Modifications) Order 2013), in sub-paragraph (vi), for “member of
staff of SOCA” substitute “National Crime Agency officer”;
(c) after paragraph (c) insert—
“(ca) eligible service as a Na tional Crime Agency officer.
(3) In subsection (2A)—
(a) for paragraph (c) substitute—
“(c) in relation to any such service as is mentioned in
subsection (1)(bfa)(vi) or su bsection (1)(ca) above, or
any service of the kind desc ribed in section 97(1)(cj) of
the Police Act 1996, “police pension authority” means
the Director General of the National Crime Agency
and “pension supervisin g authority” means the
Secretary of State;”;
(b) omit paragraph (f).
(4) In subsection (5), omit the definition of “SOCA”.
(5) After subsection (8) insert—
“(9) A person’s service as a National  Crime Agency officer is “eligible
service” for the purposes of this Act in any of the following cases.
(10) The first case is where—
(a) the person’s service as a Na tional Crime Agency officer is—
(i) service as the Director General, or
(ii) service that is designated for this purpose by the
Director General, and
(b) the person is (immediately be fore beginning that service) a
member, or eligible to be a member, of a police pension
scheme.
(11) The second case is where—
(a) immediately before beginnin g the service as a National
Crime Agency officer, the person—Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals116
(i) is serving as a member of the staff of the Serious
Organised Crime Agency, and
(ii) by virtue of that service is, or is eligible to be, a
member of a police pension scheme, and
(b) the person becomes a Nati onal Crime Agency officer by
virtue of a scheme under paragraph 2 of Schedule 8 to the
Crime and Courts Act 2013.
(12) The third case is where—
(a) immediately before beginnin g the service as a National
Crime Agency officer, the person—
(i) is serving as a member of a police force, and
(ii) by virtue of that service is, or is eligible to be, a
member of a police pension scheme, and
(b) the person becomes a Nati onal Crime Agency officer by
virtue of a scheme under paragraph 2 of Schedule 8 to the
Crime and Courts Act 2013.
(13) In subsections (10) to (12) “police pension scheme” means a pension
scheme provided for under—
(a) section 1 above, or
(b) section 25(2)(k) or 26(2)(g) of  the Police (Northern Ireland)
Act 1998.”
Law Reform (Miscellaneous Provis ions) (Scotland) Act 1980 (c. 55)
27 In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in
Schedule 1 (ineligibility for and disq ualification and excusal from jury
service), in Group B in Part 1 (other s concerned with the administration of
justice), for paragraph (nc) substitute—
“(nc) National Crime Agency officers;”.
Limitation Act 1980 (c. 58)
28 (1) In section 27A of the Limitation Act 1980 (actions for recovery of property
obtained through unlawful conduct etc), in subsection (8), for paragraph (a)
substitute—
“(a) the National Crime Agency,”.
(2) In section 27B of that Act (actions for recovery of property for purposes of an
external order), in su bsection (8), for paragraph (a) substitute—
“(a) the National Crime Agency,”.
Road Traffic Regulation Act 1984 (c. 27)
29 (1) Section 87 of the Road Traffic Regu lation Act 1984 (exemptions from speed
limits) is amended in accordance with this paragraph.
(2) In that section (befor e its amendment by the Road Safety Act 2006), in
subsection (2)(a) and (b), for “Serio us Organised Crime Agency” substitute
“National Crime Agency”.
(3) In that section (after its amendmen t by the Road Safety Act 2006), in
subsection (1)(a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals117
Prosecution of Offences Act 1985 (c. 23)
30 In section 3 of the Prosecution of Offences Act 1985 (functions of the Director
of Public Prosecutions ), in subsection (2)—
(a) before paragraph (b) insert—
“(ac) to take over the conduct of any criminal proceedings
instituted on behalf of th e National Crime Agency;”;
(b) before paragr aph (c) insert—
“(bc) where it appears to him appropriate to do so, to
institute and have the conduct of any criminal
proceedings relating to a cr iminal investigation by the
National Crime Agency;”;
(c) after paragraph (ec) insert—
“(ed) to give advice, to such  extent as he considers
appropriate and to such person as he considers
appropriate, in relation to—
(i) criminal investigations  by the National Crime
Agency, or
(ii) criminal proceedings arising out of such
investigations;”.
Ministry of Defence Police Act 1987 (c. 4)
31 (1) Section 2C of the Ministry of Defence Police Act 1987 (constables serving
with SOCA) is amended in a ccordance with this paragraph.
(2) In the title, for “ Serious Organised Crime Agency ” substitute “ National
Crime Agency ”.
(3) In subsection (1)—
(a) for “Serious Organised Crime Agen cy” (in the first place) substitute
“National Crime Agency”;
(b) in paragraph (b), for “Serious Organised Crime Agency” substitute
“Director General of the National Crime Agency”.
(4) In subsection (2)(a), for “Serious  Organised Crime Agency” substitute
“Director General of the National Crime Agency”.
Road Traffic Act 1988 (c. 52)
32 (1) In section 124 of the Road Traffic Act 1988, subsection (1A) is amended in
accordance with this paragraph.
(2) In the first sentence—
(a) for “SOCA instructor” su bstitute “NCA instructor”;
(b) for “Serious Organised Crime Ag ency” substitute “National Crime
Agency”.
(3) In the second sentence—
(a) for “SOCA” substitute “NCA”;
(b) for “a member of staff of th e Serious Organised Crime Agency”
substitute “an NCA officer”;
(c) for “members of the Agency’s staff” substitute “NCA officers”.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals118
Security Service Act 1989 (c. 5)
33 The Security Service Act 1989 is amended as follows.
34 In section 1 (the Security Service), in subsection (4), for “Serious Organised
Crime Agency” substitute “National Crime Agency”.
35 In section 2 (the Director General), in subsection (2)(c)—
(a) for “Director General of the Serious Organised Crime Agency”
substitute “Director General of the National Crime Agency”;
(b) for “Serious Organised Crim e Agency” (in the second place)
substitute “National Crime Agency”.
Official Secrets Act 1989 (c. 6)
36 In the Official Secrets Act 1989, in section 12 (meanings of “crown servant”
and “government contractor”), in subs ection (1)(e), for “of the Serious
Organised Crime Agency” substitute “an NCA special (within the meaning
of Part 1 of the Crime and Courts Act 2013)”.
Limitation (Northern Ireland) Ord er 1989 (S.I. 1989/1339 (N.I. 11))
37 In Article 72A of the Limitation (Nor thern Ireland) Order 1989 (actions for
recovery of property obtained throug h unlawful conduct etc), in paragraph
(8), for sub-paragraph (a) substitute—
“(a) the National Crime Agency,”.
Police Act 1996 (c. 16)
38 The Police Act 1996 is amended as follows.
39 In section 57 (common services), in su bsections (3A) and (4)(c), for “Serious
Organised Crime Agency” substi tute “National Crime Agency”.
40 In section 59 (police federa tions), omit subsection (7A).
41 In section 61 (the Police Negotiating Board for Great Brit ain), in subsection
(1), omit paragraph (bb).
42 (1) Section 62 (functions of the Po lice Negotiating Boar d with respect to
regulations) is amended in a ccordance with this paragraph.
(2) In subsection (1), omit paragraph (d) (and the word “or” at the end of
paragraph (c)).
(3) Omit subsections (1D) and (1E).
(4) In subsection (2), for “(1A), (1 D) or (1E)” substitute “or (1A)”.
43 In section 63 (Police Advisory Bo ards for England and Wales and for
Scotland), omit subsec tions (1C) and (3)(c).
44 In section 64 (membership of trade unions), omit subsections (4C) and (4D).
45 In section 88 (liability for wrongful acts  of constables), in subsection (5A), for
the words from “section 23” to “Agency”  substitute “Part 3 of Schedule 3 to
the Crime and Courts Act 2013, a National Crime Agency officer”.
46 In section 90 (impersonation etc), omit subsection (4)(ab).Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals119
47 In section 91 (causing disaffe ction), omit subsection (2)(aa).
48 (1) Section 97 (police officers engaged on  service outside their force) is amended
in accordance with this paragraph.
(2) In subsection (1)—
(a) omit—
(i) paragraph (cf);
(ii) paragraph (cg);
(b) after paragraph (ci) insert—
“(cj) temporary service as a Na tional Crime Agency officer
on which a person is engage d with the consent of the
appropriate authority;”.
(3) In subsection (6)(a)—
(a) omit “(cf), (cg)”;
(b) after “(ci)” insert “, (cj)”.
(4) In subsection (8), omit “(cf), (cg)”.
(5) After subsection (8) insert—
“ ( 8 A ) A  p e r s o n  w h o  i s  m e m b e r  o f  a police force engaged on relevant
service within paragraph (cj) of subs ection (1) shall be  treated for the
purposes of sections 59, 60 and 64 as if the person were a member of
that police force.”
Employment Rights Act 1996 (c. 18)
49 The Employment Rights Act 1996 is amended as follows.
50 In section 43KA (application of this Pa rt and related provisions to police), in
subsection (2)(b), for “Serious Orga nised Crime Agency to serve as a
member of its staff” substitute “N ational Crime Agency to serve as a
National Crime Agency officer”.
51 In section 134A (application to polic e), in subsection (3), for “Serious
Organised Crime Agency” substi tute “National Crime Agency”.
Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))
52 The Proceeds of Crime (Northern Ireland) Order 1996 is amended as
follows.
53 (1) Article 49 (additional investigatio n powers) is amended in accordance with
this paragraph.
(2) In paragraph (1A), for “a senior memb er of staff of the Serious Organised
Crime Agency” substitute “a senior  National Crime Agency officer”.
(3) In paragraph (1B), for “a member of  staff of the Serious Organised Crime
Agency” substitute “a National Crime Agency officer”.
(4) In paragraph (5), in the definition of  “senior member of staff of the Serious
Organised Crime Agency”—
(a) for “a senior member of sta ff of the Serious Organised Crime
Agency” substitute “a senior Na tional Crime Agency officer”;Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals120
(b) in paragraph (a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”;
(c) in paragraph (b), for “any member  of staff of the Agency” substitute
“any National Crime Agency officer”.
54 In Schedule 2 (financial investigations ), in paragraph 3A(4)(a), for “member
of staff of the Serious Organised Crim e Agency” substitute “National Crime
Agency officer”.
Police Act 1997 (c. 50)
55 The Police Act 1997 is amended as follows.
56 (1) Section 93 (authorisations to inte rfere with property etc) is amended in
accordance with this paragraph.
(2) In subsections (1B) and (3)(b), for “member of the staff of the Serious
Organised Crime Agency” substitute “National Crime Agency officer”.
(3) In subsection (5), fo r paragraph (f) substitute—
“(f) the Director General of the National Crime Agency, or any
other National Crime Agency officer who is designated for
the purposes of this paragrap h by that Director General;”.
57 In section 94 (authorisations given in absence of authorising officer), in
subsection (2)(e), for “D irector General of the Serious Organised Crime
Agency” substitute “Director Genera l of the National Crime Agency”.
58 In section 97 (authorisations requiring approval), in subsec tion (6B)(b), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
59 In section 107 (supplementary provis ions relating to Commissioners), in
subsection (4)(b), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
60 In section 113B (enhanced criminal record certificates)—
(a) in subsection (10), om it paragraphs (f) and (g);
(b) in subsection (11)(b), for “S erious Organised Crime Agency”
substitute “National Crime Agency”.
Police (Northern Ireland) Act 1998 (c. 32)
61 The Police (Northern Ireland) Ac t 1998 is amended as follows.
62 In section 27 (members of the Police Service of Northern Ireland engaged on
other police service), in subsection (1)—
(a) in paragraph (cb), for “member of the staff of the Serious Organised
Crime Agency” substitute “Nat ional Crime Agency officer”;
(b) omit paragraph (cc).
Northern Ireland Act 1998 (c. 47)
63 In the Northern Ireland Act 1998, in Schedule 3 (reserved matters), in
paragraph 9(1), for sub-paragraph (g) substitute—
“(g) the National Crime Agency;”.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals121
Immigration and Asylum Act 1999 (c. 33)
64 The Immigration and Asylum Act 1999 is amended as follows.
65 In section 20 (supply of information to Secretary of St ate), in subsection
(1)(b), for “Serious Organised Crime Agency” substitute “National Crime
Agency”.
66 (1) Section 21 (supply of information by Secretary of State) is amended in
accordance with this paragraph.
(2) In subsection (2), for paragraph (b) substitute—
“(b) the National Crime Agency, fo r use in connection with the
discharge of any functi on of that Agency;”.
(3) Omit subsection (4).
Terrorism Act 2000 (c. 11)
67 The Terrorism Act 2000 is amended as follows.
68 In section 19 (disclosure of informat ion: duty), in subsection (7B), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
69 In section 20 (disclosure of informatio n: permission), in subsection (5), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
70 In section 21ZA (arrangements with pr ior consent), in subsection (5), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
71 In section 21ZB (disclosure after entering into arrangements), in subsection
(4), for “member of the staff of the Serious Organised Crime Agency”
substitute “National Crime Agency officer”.
72 In section 21A (failure to disclosure: re gulated sector), in subsection (14), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
73 In section 21B (protected disclosures), in subsection (7), for “member of the
staff of the Serious Organised Crime Agency” substitute “National Crime
Agency officer”.
74 (1) Section 21C (disclosures to SOCA ) is amended in accordance with this
paragraph.
(2) In the title for “ SOCA ” substitute “ the National Crime Agency ”.
(3) In subsections (1) and (2), for “mem ber of staff of the Serious Organised
Crime Agency” substitute “Nat ional Crime Agency officer”.
75 In section 21D (tipping off: regulated sector), in  subsection (2)(d), for
“member of staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
76 In Schedule 14 (exercise of officers ’ powers), in paragr aph 4 (information),
for sub-paragraph (1)(d) substitute—
“(d) to the National Crime Agency;”.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals122
Regulation of Investigatory Powers Act 2000 (c. 23)
77 The Regulation of Investigatory Powers Act 2000 is amended as follows.
78 In section 6 (application for issue of an interception warrant), in subsection
(2), for paragraph (d) substitute—
“(d) the Director General of the National Crime Agency;”.
79 In section 17 (exclusion of matters fr om legal proceedings), in subsection (3),
omit paragraph (c).
80 In section 19 (offence for unauthorised disclosures), in subsection (2), omit
paragraph (c).
81 (1) Section 25 (interpretation of Chapter 2) is amended in accordance with this
paragraph.
(2) In subsection (1), in the definition of “relevant public authority”, for
paragraph (b) substitute—
“(b) the National Crime Agency;”.
(3) In subsection (3A), for the words from “Serious” to the end substitute
“National Crime Agency include refere nces to any National Crime Agency
officer.”.
82 In section 32 (authorisation of intrusiv e surveillance), in subsection (6), for
paragraph (k) substitute—
“(k) the Director General of the National Crime Agency and any
National Crime Agency office r who is designated for the
purposes of this paragraph by that Director General;”.
83 (1) Section 33 (rules of grant of auth orisations) is amended in accordance with
this paragraph.
(2) In subsection (1A), for “Serious  Organised Crime Agency” substitute
“National Crime Agency”.
(3) In subsection (3A)—
(a) for “The Director General of the Serious Organised Crime Agency”
substitute “The Director Genera l of the National Crime Agency”;
(b) for “member of staff of the Ag ency” substitute “National Crime
Agency officer”.
(4) In subsection (5)(a ), for “member of the staff of  the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.
84 (1) Section 34 (grant of authorisation in  the senior officer’s absence) is amended
in accordance with this paragraph.
(2) In subsection (1)(a ), for “member of the staff of  the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.
(3) In subsection (4)(j), fo r “Director General of the Serious Organised Crime
Agency” substitute “Director Genera l of the National Crime Agency”.
85 (1) Section 35 (notifications of auth orisations for intrusive surveillance) is
amended in accordance with this paragraph.
(2) In subsection (1), fo r “SOCA” substitute “the  National Crime Agency”.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals123
(3) In subsection (10)—
(a) for “SOCA” substitute “the National Crime Agency”;
(b) in paragraph (a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
86 (1) Section 36 (approval required for au thorisations to take effect) is amended
in accordance with this paragraph.
(2) In subsection (1), for paragraph (b) substitute—
“(b) a National Crime Agency officer;”.
(3) In subsection (6)(b) and (d), for “Dir ector General of the Serious Organised
Crime Agency” substitute “Director Ge neral of the National Crime Agency”.
87 In section 37 (quashing of police and Revenue and Customs authorisations
etc), in subsection (1), fo r paragraph (b) substitute—
“(b) a National Crime Agency officer;”.
88 In section 40 (information to be provided to Surveillance Commissioners),
for paragraph (b) substitute—
“(b) every National Crime Agency officer,”.
89 In section 46 (restrictions on authorisations extending to Scotland), in
subsection (3), for para graph (db) substitute—
“(db) the National Crime Agency;”.
90 In section 49 (notices requiring disclo sure), in subsection  (1)(e), for “SOCA”
(in each place) substitute “the National Crime Agency”.
91 (1) Section 51 (cases in which key required) is amended in accordance with this
paragraph.
(2) In subsection (2)—
(a) for “SOCA” (in the first place)  substitute “the National Crime
Agency”;
(b) in paragraph (aa)—
(i) for “SOCA” substitute “the National Crime Agency”;
(ii) for “Director General of the Serious Organised Crime
Agency” substitute “Director General of the National Crime
Agency”.
(3) In subsections (3) and (6 ), for “Director General of the Serious Organised
Crime Agency” substitute “Director Ge neral of the National Crime Agency”.
92 In section 54 (tipping-off), in subsecti on (3)(a) and (b), fo r “SOCA” substitute
“the National Crime Agency”.
93 (1) Section 55 (general duties of specif ied authorities) is amended in accordance
with this paragraph.
(2) In subsection (1), for paragraph (ba) substitute—
“(ba) the Director General of the National Crime Agency;”.
(3) For subsection (3A) substitute—
“(3A) The power of the Director Gene ral of the National Crime Agency to
delegate functions under paragraph 10 of Schedule 1 to the CrimeCrime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals124
and Courts Act 2013 does not apply in relation to the Director
General’s duties under this section.”.
94 In section 56 (interpretation of Part 3), in subsection (1)—
(a) in paragraph (a) of the definition of “the police”, for “member of the
staff of the Serious Organised Cr ime Agency” substitute “National
Crime Agency officer”;
(b) omit the definition of SOCA.
95 In section 58 (co-operation with and reports by section 57 Commissioner), in
subsection (1), omit paragraph (b).
96 In section 65 (the Tribunal), in subs ection (6), for paragraph (d) substitute—
“(d) the National Crime Agency;”.
97 In section 68 (Tribunal procedure), in  subsection (7), omit paragraph (b).
98 (1) Section 76A (foreign surveillance op erations) is amended in accordance with
this paragraph.
(2) In subsection (6)(a), for “Director General of the Serious Organised Crime
Agency” substitute “Director Genera l of the National Crime Agency”.
(3) In subsection (11), in the definiti on of “United Kingdom officer”, for
paragraph (b) substitute—
“(b) a National Crime Agency officer;”.
99 In Schedule 1 (relevant public authorit ies), in Part 1 (relevant authorities for
purposes of sections 28 and 29), for paragraph 2 substitute—
“2 The National Crime Agency.”.
100 (1) Schedule 2 (persons having the appropriate permission) is amended in
accordance with this paragraph.
(2) In paragraph 2 (data obtained under warrant etc), in sub-paragraphs (3) and
(5), for “SOCA” substitute “the National Crime Agency,”.
(3) In paragraph 4 (data obtained under statute by other persons but without a
warrant), in sub-paragraph (2), for “S OCA” (in each place) substitute “the
National Crime Agency”.
(4) In paragraph 5 (data obtained without the exercise of statutory powers), in
sub-paragraph (3)(b), for “SOCA” subs titute “the Nation al Crime Agency”.
(5) In paragraph 6 (general requirements relating to the appropriate
permission), in sub-paragraphs (3A) and (6), for “membe r of staff of the
Serious Organised Crime Agency” substitute “National Crime Agency
officer”.
Freedom of Information Act 2000 (c. 36)
101 The Freedom of Information Act 2000 is amended as follows.
102 In section 23 (information supplied by , or relating to, bodies dealing with
security matters), in subsection (3), after paragraph (m) insert—
“(n) the National Crime Agency.”.
103 In section 84 (interpretation), in the definition of “government
department”—Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals125
(a) omit “or” at the end of paragraph (b);
(b) after paragraph (b) insert—
“(ba) the National Crime Agency, or”.
104 In Schedule 1 (public authorities), in Part 6 (other public bodies and offices:
general), omit the entry relating to  the National Policing Improvement
Agency.
Criminal Justice and Court Services Act 2000 (c. 43)
105 (1) Section 71 of the Criminal Justice and Court Services Act 2000 (access to
driver licensing records)  is amended in accordance with this paragraph.
(2) In subsection (1)—
(a) omit “to the National Po licing Improvement Agency”;
(b) for “members of the staff of the Serious Organised Crime Agency”
substitute “National Crime Agency officers”.
(3) In subsection (2)—
(a) omit “to the National Po licing Improvement Agency”;
(b) in paragraph (a)—
(i) after “which” insert “informa tion may be made available to”;
(ii) for “members of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officers”;
(iii) omit “may be given access to the information”;
(c) in paragraph (b), for “to which they have been given access”
substitute “made available to them”.
Vehicles (Crime) Act 2001 (c. 3)
106 In section 18 of the Vehicles (Crime) Act 2001 (register of registration plate
suppliers), in subsection (7) omit “t o the National Policing Improvement
Agency”.
Criminal Justice and Police Act 2001 (c. 16)
107 In section 97 of the Cr iminal Justice and Police Act 2001 (regulations for
police forces), in subsection  (4), omit paragraph (a).
Proceeds of Crime Act 2002 (c. 29)
108 The Proceeds of Crime Act 2002 is amended as follows.
109 In section 2A (contribution to the re duction of crime), in subsections (2)(a)
and (3)(a), for “SOCA” substitute  “the National Crime Agency”.
110 (1) Section 2B (SOCA and members of SOCA’s staff) is amended in accordance
with this paragraph.
(2) For the title substitute “ The National Crime Agency and its officers ”.
(3) Omit subsection (1).
(4) In subsection (2)—
(a) for “SOCA” (in the first place)  substitute “the National Crime
Agency”;Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals126
(b) for “SOCA” (in each other pl ace) substitute “that Agency”.
(5) Omit subsection (3).
111 (1) Section 3 (accreditation and training of financial investigators) is amended
in accordance with this paragraph.
(2) In subsection (1), for “National Po licing Improvement Agency” substitute
“National Crime Agency”.
(3) In subsection (2), at the end of paragraph (b) insert “, and
(c) securing that decisions under that system which concern—
(i) the grant or withdrawal of accreditations, or
(ii) the monitoring of the performance of accredited
financial investigators,
are taken without regard to their effect on operations by the
National Crime Agency or any other person.”.
(4) In subsection (7), for “National Po licing Improvement Agency” substitute
“National Crime Agency”.
112 In section 41A (restraint orders: powe r to retain seized property etc), in
subsection (3), for pa ragraph (d) substitute—
“(d) a National Crime Agency officer,”.
113 In section 55 (sums received by design ated officer), in subsection (8), for
paragraph (h) substitute—
“(h) a National Crime Agency officer,”.
114 In section 72 (serious default in En gland and Wales), in subsection (9)(ba)—
(a) for “member of staff of SOCA” substitute “National Crime Agency
officer”;
(b) for “SOCA” (in the second place)  substitute “the National Crime
Agency”.
115 In section 120A (restraint orders: power to retain seized property etc), in
subsection (3), for paragraph (c)—
“(c) a National Crime Agency officer;”.
116 In section 139 (serious default in  Scotland), in su bsection (9)(ca)—
(a) for “member of staff of SOCA” substitute “National Crime Agency
officer”;
(b) for “SOCA” (in the second place)  substitute “the National Crime
Agency”.
117 In section 190A (restraint orders: po wer to retain seized property etc —
Northern Ireland), in subsec tion (3), for paragraph (d)—
“(d) a National Crime Agency officer;”.
118 In section 195S (Codes of practice: Secr etary of State), in su bsection (1)(c), for
“members of staff of SOCA” substitute “NCA officers”.
119 In section 203 (sums received by chief clerk), in subsection  (8), for paragraph
(h)—
“(h) a National Crime Agency officer.”.
120 In section 220 (serious default in No rthern Ireland), in subsection (9)(ba)—Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals127
(a) for “member of staff of SOCA” substitute “National Crime Agency
officer”;
(b) for “SOCA” (in the second place)  substitute “the National Crime
Agency”.
121 In section 316 (general interpretation),  in subsection (1), in paragraphs (a)
and (c) of the definition of “enforcement authority”, for “SOCA” substitute
“the National Crime Agency”.
122 (1) Section 317 (SOCA’s general Revenue functions) is amended in accordance
with this paragraph.
(2) In the title, for “ SOCA’s ” substitute “ The National Crime Agency’s ”.
(3) For “SOCA” (in each place) substitute “the National Crime Agency”.
123 In section 318 (revenue functions re garding employment), for “SOCA” (in
each place) substitute “t he National Crime Agency”.
124 In section 319 (source of income), for “SOCA” (in each place) substitute “the
National Crime Agency”.
125 (1) Section 321 (SOCA’s functions: transfers of value) is amended in accordance
with this paragraph.
(2) In the title, for “ SOCA’s ” substitute “ The National Crime Agency’s ”.
(3) For “SOCA” (in each place) substitute “the National Crime Agency”.
126 (1) Section 322 (SOCA’s functions: certain settlements) is amended in
accordance with this paragraph.
(2) In the title, for “ SOCA’s ” substitute “ The National Crime Agency’s ”.
(3) For “SOCA” (in each place) substitute “the National Crime Agency”.
127 In section 324 (exercise of Revenue functions), for “SOC A” (in each place)
substitute “the Nati onal Crime Agency”.
128 (1) In section 325 (declarations), in subsection (2)—
(a) for “member of SOCA’s staff” substitute “Natio nal Crime Agency
officer”;
(b) for “any of SOCA’s functions” substitute “any function of the
National Crime Agency”;
(c) for “Director General of SOCA” substitute “Director General of the
National Crime Agency”.
129 In section 330 (failure to disclose; regu lated sector), in su bsection (4)(b), for
“the Director General of SOCA” substi tute “the Director General of the
National Crime Agency”.
130 In section 331 (failure to disclose: nominated officers  in the regulated sector),
in subsection (4), for “the  Director General of SOCA” substitute “the Director
General of the National Crime Agency”.
131 In section 332 (failure to disclose: ot her nominated office rs), in subsection
(4), for “the Director General of SOCA” substitute “the Director General of
the National Crime Agency”.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals128
132 In section 333A (tipping off: regula ted sector), in subsection (2)(d), for
“member of staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
133 In section 336 (nominated officer: co nsent), in subsections (2)(a), (3)(a) and
(4)(a), for “Director General of SOCA” substitute “Director General of the
National Crime Agency”.
134 In section 339ZA (disclosures to SOCA)—
(a) in the title, for “ SOCA ” substitute “ the NCA ”;
(b) for “Director General of the Serious Organised Crime Agency”
substitute “Director General of the National Crime Agency”.
135 In section 340 (interpretation), in subsection (13), for “Director General of
SOCA” substitute “Director Genera l of the National Crime Agency”.
136 In section 351 (applications for orders: supplementary), in subsection (5), for
“member of SOCA’s staff” (in each place) substitute “National Crime
Agency officer”.
137 In section 352 (search and seizure warrants), in subsection (5)—
(a) in paragraph (b), for “member of SOCA’s staff or” substitute
“National Crime Agency officer or a member”;
(b) in paragraph (d), for “member of SOCA’s staff” subs titute “National
Crime Agency officer”.
138 In section 353 (requirements where production order not available), in
subsection (10)—
(a) in paragraph (b), for “member of SOCA’s staff or” substitute
“National Crime Agency officer or a member”;
(b) in paragraph (d), for “member of SOCA’s staff” subs titute “National
Crime Agency officer”.
139 In section 357 (disclosure orders), for “member of SOCA’s staff” (in each
place) substitute “National Crime Agency officer”.
140 In section 362 (supplementary), in subsection (4A), for “member of SOCA’s
staff” (in each place) substitute  “National Crime Agency officer”.
141 In section 369 (supplementary), for “m ember of SOCA’s sta ff” (in each place)
substitute “National Crime Agency officer”.
142 In section 375 (supplementary), in subsection (4), fo r “member of SOCA’s
staff” (in each place) substitute  “National Crime Agency officer”.
143 In section 377 (code of practice of Secret ary of State etc), in subsection (1), for
paragraphs (a) an d (b) substitute—
“(a) the Director General of the National Crime Agency;
(b) other National Crime Agency officers;”.
144 (1) Section 378 (officers) is amended in accordance with this paragraph.
(2) In subsection (1), for paragraph (a) substitute—
“(a) a National Crime Agency officer;”.
(3) In subsection (2), for paragraph (a) substitute—
“(a) a senior National Crime Agency officer;”.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals129
(4) In subsection (3)—
(a) in paragraph (a), for “member of SOCA’s staff” substitute “National
Crime Agency officer”;
(b) in paragraph (b), for “senior me mber of SOCA’s staff” substitute
“senior National Crime Agency officer”.
(5) In subsection (5), for “Director Ge neral of SOCA” substitute “Director
General of the National Crime Agency”.
(6) In subsection (6A), for “a member of  SOCA’s staff” substitute “a National
Crime Agency officer”.
(7) In subsection (8)—
(a) for “senior member of SOCA’s staff” substitute “senior National
Crime Agency officer”;
(b) in paragraph (a), for “Director Ge neral of SOCA” substitute “Director
General of the National Crime Agency”;
(c) in paragraph (b), for “member of  SOCA’s staff” substitute “other
National Crime Agency officer”.
145 In section 416 (other interpretative provisions), in subsection (2), for
“member of SOCA’s staff” substitute  “National Crime Agency officer”.
146 In section 438 (disclosure of information by certain directors), in subsection
(1)(fa), for “SOCA” substitute “the National Crime Agency”.
147 In section 439 (disclosure of information to Lord Advocate and to Scottish
Ministers), in subsection (5)(b), for “S OCA” substitute “t he National Crime
Agency”.
148 In section 443 (enforcement in diffe rent parts of the United Kingdom), in
subsection (3), for “SOCA” substitute “the National Crime Agency or its
officers”.
149 In section 444 (external requests and or ders), in subsection (4), for paragraph
(d) substitute—
“(d) the National Crime Agency;”.
150 In section 445 (external investigations), for “SOCA” substitute “the National
Crime Agency or its officers”.
151 (1) In section 449 (SOCA’s staff: pseudonyms) is amended in accordance with
this paragraph.
(2) In the title, for “ SOCA’s staff ” substitute “ NCA officers ”.
(3) In subsection (1)—
(a) in the words before paragraph (a ), for “member of SOCA’s staff”
substitute “National Crime Agency officer”;
(b) in paragraph (a), for “by SOCA to do anything” substitute “to do
anything on behalf of the National Crime Agency”;
(c) in paragraph (b), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.
(4) In subsection (2), for “member of th e SOCA’s staff” substitute “National
Crime Agency officer”.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals130
(5) In subsections (3) (in each place) and (4), for “member of SOCA’s staff”
substitute “National Crime Agency officer”.
(6) In subsection (6)—
(a) for “a member of SOCA’s sta ff” substitute “an NCA officer”;
(b) for “SOCA” substitute “the Director General of the NCA”.
152 In Schedule 8 (forms of declarations)—
(a) for “SOCA” (in the first place)  substitute “the National Crime
Agency”;
(b) for “SOCA” (in the second pl ace) substitute “that Agency”;
(c) for “its” substitute “that Agency’s”.
Police Reform Act 2002 (c. 30)
153 (1) In section 9 of the Police Reform Act 2002 (the Independent Police
Complaints Commission), in subsection (3)—
(a) in paragraph (da), omit “is or”;
(b) in paragraph (db), omit “is or”;
(c) after paragraph (db) substitute—
“(dc) the person is, or has been, a National Crime Agency
officer;”.
(2) In Schedule 3 to that Act (handling of complaints and conduct matters etc),
in paragraph 19F(7), for paragraph (b) substitute—
“(b) the National Crime Agency.”
Sexual Offences Act 2003 (c. 42)
154 In section 94 of the Sexual Offences Act 2003 (Part 2: supply of information
to Secretary of State etc for verification),  in subsection (3), for paragraphs (b)
and (c) substitute—
“(b) the Director General of the National Crime Agency.”
Energy Act 2004 (c. 20)
155 (1) Section 59A of the Energy Act 2004 (constables serving with SOCA) is
amended in accordance with this paragraph.
(2) In the title, for “ Serious Organised Crime Agency ” substitute “ National
Crime Agency ”.
(3) In subsection (1)—
(a) for “Serious Organised Crime Agen cy” (in the first place) substitute
“National Crime Agency”;
(b) in paragraph (a), for “Serious Organised Crime Agency” substitute
“Director General of the National Crime Agency”.
(4) In subsection (2), for “Serious  Organised Crime Agency” substitute
“Director General of the National Crime Agency”.Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals131
Commissioners for Revenue and Customs Act 2005 (c. 11)
156 In section 20 of the Commissioners for Revenue and Customs Act 2005, in
section 20 (public interest disclosure),  in subsection (7 )(a), for “national
Policing Improvement Agency” subs titute “Secretary of State”.
Serious Organised Crime and Police Act 2005 (c. 15)
157 The Serious Organised Crime and Police Act 2005 is amended as follows.
158 Omit Part 1 (the Serious Organised Crime Agency).
159 In section 62 (disclosure notices), in subsection (2), for paragraph (b)
substitute—
“(b) a National Crime Agency offi cer who is for the time being
designated under section 9 or 10  of the Crime and Courts Act
2013, or”.
160 In section 82 (protection of pers ons involved in investigations or
proceedings), in subsection (5),  for paragraph (d) substitute—
“(d) the Director General of the National Crime Agency;”.
161 (1) Section 153 (disclosure of informatio n about insurance status of vehicles) is
amended in accordance with this paragraph.
(2) In subsection (1), for “NPIA for it to  process” substitute  “the Secretary of
State for processing”.
(3) In subsection (3)(a) and (b ), for “NPIA” substitute “the Secretary of State”.
(4) In subsection (4), omit the definition of “NPIA”.
162 (1) Section 172 (orders and regulations) is amended in accordance with this
paragraph.
(2) In subsection (4), omit “1(3),”.
(3) In subsection (5), omit  paragraphs (a) and (b).
(4) In subsection (8), omit paragraph (a).
(5) In subsection (13) , omit paragraph (a).
163 In section 175 (penalties  for offences: tran sitional modification for England
and Wales), in subsection (3), in the table—
(a) omit the two entries relating to section 51;
(b) omit the two entries relating to section 57.
164 In section 177 (interpretation), omit subsection (1).
165 In Schedule 5 (persons specified for th e purposes of section 82: protection of
persons involved in investigations or proceedings), after paragraph 17
insert—
“17A A person who is or has been a National Crime Agency officer.”.
Gambling Act 2005 (c. 19)
166 In the Gambling Act 2005, in Part 2 of Schedule 6 (exchange of information:
enforcement and regulatory bodies)—Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals132
(a) after the entry for the Horser ace Betting Levy Board insert—
“The National Crime Agency”;
(b) omit the entry relating to th e Serious Organised Crime Agency.
Police and Justice Act 2006 (c. 48)
167 The Police and Justice Act 2006 is amended as follows.
168 Omit section 1 (National Policing Improvement Agency).
169 In section 13 (supply of information to police etc by Registrar General), in
subsection (1)(c), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
170 Omit Schedule 1 (National Policing Improvement Agency).
Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)
171 The Police, Public Order and Crim inal Justice (Scotland) Act 2006 is
amended as follows.
172 In Schedule 4 (the Police Compla ints Commissioner for Scotland), in
paragraph 2(1) (disqualification for appointment as Commissioner)—
(a) in sub-paragraph (h)(ii), omit “or”;
(b) in sub-paragraph (i)—
(i) omit “is or”;
(ii) at the end insert “or”;
(c) after sub-paragraph (i) insert—
“(j) is or has been a Nation al Crime Agency officer.”.
Corporate Manslaughter and Corp orate Homicide Act 2007 (c. 19)
173 The Corporate Manslaughter and Corporate Homicide Act 2007 is amended
as follows.
174 In section 13 (application to police forc es), in subsection (3)(g), for the words
from “seconded” to “treated” substitu te “seconded to the National Crime
Agency to serve as a National Crime Agency officer is to be treated”.
175 In Schedule 1 (list of Government De partments etc), after the entry relating
to the National Archives  of Scotland insert—
“National Crime Agency”.
Serious Crime Act 2007 (c. 27)
176 The Serious Crime Act 2007 is amended as follows.
177 In section 5 (type of provision that may be made by orders), in subsection (7),
for paragraph (b) of the definition  of “a law enforcement officer”,
substitute—
“(b) a National Crime Agency offi cer who is for the time being
designated under section 9 or 10  of the Crime and Courts Act
2013;”.
178 In section 39 (compliance with orders : authorised monitors), in subsectionCrime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals133
(10), for paragraph (b) of the defini tion of “law enforcement agency”,
substitute—
“(b) the National Crime Agency;”.
Crime and Security Act 2010 (c. 17)
179 In section 31 of the Crime and Security Act 2010 (guidance), in subsection
(3)—
(a) at the end of paragraph (a) insert “and”;
(b) omit paragraph (b).
Equality Act 2010 (c. 15)
180 The Equality Act 2010 is amended as follows.
181 In section 42 (identity of employer),  in subsections (4) and (5), for “SOCA”
substitute “NCA”.
182 In section 43 (interpretation) , for subsection (5) substitute—
“(5) “NCA” means the National Crime Agency; and a reference to a
constable at NCA is a reference to a constable seconded to it to serve
as an NCA officer.”
183 In Schedule 19 (public authorities), in  Part 1 (general), omit “The Serious
Organised Crime Agency.”
Police Reform and Social Responsibility Act 2011 (c. 13)
184 In section 65 of the Police Reform and Social Responsibility Act 2011
(disqualification from election or holding office as police and crime
commissioner: police grounds) , omit subsection (1)(h)(v).
Protection of Freedoms Act 2012 (c. 9)
185 In section 95 of the Protection of Freedoms Act 2012 (effect on police and
other records of disregard of conviction or caution), in subs ection (5), in the
definition of the names database, for “National Policing Improvement
Agency” substitute “Secretary of State”.
PART 3
FURTHER  CONSEQUENTIAL  AMENDMENTS  AND  REPEALS
References to SOCA
186 In the following enactments, for “Serious Organised Crime Agency”
substitute “National Crime Agency” (a nd, where that expr ession appears in
more than one place in such  an enactment, that subs titution is made in each
such place)—Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 3 — Further consequential amendments and repeals134
References to the Director General of SOCA
187 In the following enactments, for “Dir ector General of the Serious Organised
Crime Agency” substitute “Directo r General of the National Crime
Agency”—Aviation Security Act 1982 Sect ion 24AE(4)(f) (aerodrome security
plans)
Section 24AG(2)(e) (security executive
groups)
Section 24AI(2)(c) (objections to proposals
by security executive groups)
Police and Criminal Evidence
Act 1984Section 63A(1A)(b) (fingerprints and
samples: supplementary provision)
Dartford-Thurrock Crossing
Act 1988Section 19(a)(ia) (exemption from tolls)
Criminal Appeal Act 1995 Section 22(4)(aa) (meaning of public body
etc)
Domestic Violence, Crime and
Victims Act 2004In Schedule 9 (authorities within
Commissioner’s remit), paragraph 13
Commissioners for Revenue
and Customs Act 2005Section 40(2)(ca)(ii) (confidentiality)
Immigration, Asylum and
Nationality Act 2006Section 39(2)(b) (disclosure to law
enforcement agencies)
Counter-Terrorism Act 2008 In section 18E, paragraph (b) of the
definition of “law enforcement authority”
(sections 18 to 18E: supplementary
provisions)
Coroners and Justice Act 2009 Sect ion 75(2)(c) (qua lifying criminal
investigations)
Section 161(2)(a)(i) (applications for
exploitation pr oceeds order)
Section 166(9A) (exploitation proceeds
orders) effect of conv iction being quashed
etc
Terrorism Prevention and
Investigation Measures Act
2011In section 10(10) (criminal investigations
into terrorism-related activity), paragraph
(d) of the definition of “police force”
Data Protection Act 1998 In section 56 (prohibition of requirement as
to production of certain records), entry 1(d)
in the tableCrime and Courts Act 2013 (c. 22)
Schedule 8 — Abolition of SOCA and NPIA
Part 3 — Further consequential amendments and repeals135
References to SOCA and its Director General
188 In the following enactments—
(a) for “Serious Organised Crime Ag ency” substitute “National Crime
Agency”; and
(b) for “Director General of the Serious Organised Crime Agency” or
“Director General of that  Agency” substitute “D irector General of the
National Crime Agency”—
Repeals
189 The following enactments are repealed to the extent specified—
PART 4
SUBORDINATE  LEGISLATION
References to SOCA etc
190 (1) In any relevant subordinate legislation—
(a) a reference (however expressed) of a kind specified in an entry in the
first column of the following table is to be read as being, or including,
a reference of the kind specified in the corresponding entry in the
second column of the table; and
(b) related expressions are to be read accordingly.Criminal Justice Act 2003 Sect ion 29(5)(cb) (new method of
instituting proceedings)
Commissioners for Revenue
and Customs Act 2005Section 41(2)(e) (discl osure of information
to Director of Revenue and Customs
Prosecutions)
Legal Services Act 2007 Section 169( 5)(d) (disclosure of information
to the Legal Services Board)
Coroners and Justice Act 2009 Section 81(3) (delegation of functions)
Counter-Terrorism Act 2008 Section 18(3G)(f) (material not subject to
existing statutory restrictions)
Coroners and Justice Act 2009 Section 77(1)(c) (applications for
investigation anonymity orders)
Terrorism Prevention and
Investigation Measures Act
2011In section 10(10) (criminal investigations
into terrorism-related activity), paragraph
(d) of the definition of “chief officer”
Courts Act 2003 Section 41(6)(c ) (disqualification of lay
justices who are me mbers of SOCA etc)
Coroners and Justice Act 2009 Section 170 (amendments of Part 1 of the
Serious Organised Crime and Police Act
2005)Crime and Courts Act 2013 (c. 22)
Schedule 8 — Abolitio n of SOCA and NPIA
Part 4 — Subordinate legislation136
(2) The preceding provision of this para graph is without prejudice to section 59
(consequential amendments).
(3) In this paragraph “relevant subordinate legislation” means Orders in
Council, orders, rules, regulations, schemes, warrants, byelaws and other
instruments made before the end of th e Session of Parliament in which this
Act is passed under—
(a) an Act of Parliament,
(b) an Act of the Scottish Parliament,
(c) an Act of the Northern Ireland Assembly, or
(d) a Measure or Act of the National Assembly for Wales.
SCHEDULE 9 Section 17
SINGLE  COUNTY  COURT  IN ENGLAND  AND  WALES
PART 1
AMENDMENTS  OF THE COUNTY  COURTS  ACT 1984
1 The County Courts Act 1984 is amended as follows.
2 (1) Section 3 (place and time of sittings) is amended as follows.
(2) For subsections (1 ) and (2) substitute—
“(1) Sittings of the county court may be held, and any other business of
the county court may be conduc ted, anywhere in England and
Wales.
(1A) Sittings of the county court at  any place may be continuous or
intermittent or occasional.
(2) Sittings of the county court may be  held simultaneously to take any
number of different cases in the sa me place or different places, and
the court may adjourn cases from  place to place at any time.
(2A) The places at which the county court sits, and the days and times at
which it sits in any place, are to be determined in accordance with
directions given by the Lord Chancellor after consulting the Lord
Chief Justice.”A reference to... ...is or includes a reference to...
the Serious Organised Crime
Agencythe National Crime Agency
the Director General of the
Serious Organised Crime Agencythe Director General of the
National Crime Agency
the staff of the Serious Organised
Crime AgencyNational Crime Agency officers
a member of staff of the Serious
Organised Cr ime Agencya National Crime Agency officerCrime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984137
(3) Omit subsection (4) (refer ences to sittings of the court to include sittings by
a district judge).
(4) In subsection (5) (delegation of Lord Chief Justice’ s functions under
subsection (1)) for “subsection (1 )” substitute “this section”. 
3 In section 4 (use of publ ic buildings for courts)—
(a) in subsection (1) for “county court is” substitute “sitting of the county
court is to be”,
(b) in subsection (1) after “for the purpose of holding” insert “the sitting
of”, and
(c) in subsection (2) for “any court, ” substitute “sittings of the county
court,”.
4 For section 5 (judges) substitute —
“5 Judges of the county court
(1) A person is a judge of th e county court if the person—
(a) is a Circuit judge,
(b) is a district judge (which, by virtue of section 8(1C), here
includes a deputy district ju dge appointed under section 8),
or
(c) is within subsection (2),
but see also section 9 of the Senior Courts Act 1981 (certain ex-judges
may act as judges of the county court).
(2) A person is within this subsecti on (and so, by virtue of subsection
(1)(c), is a judge of the co unty court) if the person—
(a) is the Lord Chief Justice,
(b) is the Master of the Rolls,
(c) is the President of the Queen’s Bench Division,
(d) is the President of the Family Division,
(e) is the Chancellor of the High Court,
(f) is an ordinary judge of the Co urt of Appeal (including the
vice-president, if any, of eith er division of that court),
(g) is the Senior Pres ident of Tribunals,
(h) is a puisne judge of the High Court,
(i) is a deputy judge of the High Court,
(j) is the Judge Advocate General,
(k) is a Recorder,
(l) is a person who holds an office listed—
(i) in the first column of the ta ble in section 89(3C) of the
Senior Courts Act 1981 (senior High Court masters
etc), or
(ii) in column 1 of Part 2 of Schedule 2 to that Act (High
Court masters etc),
(m) is a deputy district judge a ppointed under section 102 of that
Act,
(n) is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984138
(o) is a judge of the Upper Tribun al by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,
(p) is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),
(q) is a deputy judge of the U pper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),
(r) is a District Judge (Magistrates’ Courts),
(s) is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1 951 (assistants to the Judge
Advocate General),
(t) is a judge of the First-tier Tr ibunal by virtue of appointment
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
and Enforcement Act 2007,
(u) is a transferred-in judge of th e First-tier Tribunal (see section
31(2) of that Act), or
(v) is a member of a panel of Employment Judges established for
England and Wales or for Scotland.”
5 (1) Section 6 (district judges) is amended as follows.
(2) Omit subsections (2), (4) and (7) (which relate to the assignment of district
judges to county court districts).
(3) In subsection (3) (interpretation of st atutory and other references to district
judges) for the words after “of a county court” substitute “is—
(a) if the context permits, a reference to the county court, and
(b) otherwise is a reference to a judge of the county court.”
(4) For the italic heading befo re the section substitute “ District judges and deputy
district judges ”.
6 (1) Section 8 (deputy district judges) is amended as follows.
(2) In subsection (1) (appointment to facilitate disposal of business in the county
courts) for “courts” substitu te “court or any other co urt or tribunal to which
a person appointed under this subsection may be deployed”.
(3) Omit subsections (1B) an d (1D) (which relate to the assignment of deputy
district judges to county court districts).
(4) In subsection (1 C) (deputy district judge to  h a v e  p o w e r s  o f  a  d i s t r i c t
judge)—
(a) omit “and assigned to a district”,
(b) omit “, while acting under his assignment,”, and
(c) for “assigned to the district” substitute “other than a district judge’s
power to act in a district registry of the High Court”.
7 (1) Section 12 (records of proceedings) is amended as follows.
(2) For subsection (1) (distr ict judge for a district to keep such records as may be
prescribed) substitute—
“(1) The Lord Chancellor may by regulations made by statutory
instrument provide for the keeping of records of and in relation to
proceedings of the county court.”Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984139
(3) In subsection (2) (certified copies of entries) for “the district judge” substitute
“a judge of the county court”.
(4) In the title omit the words after “kept”.
8 (1) Section 13 (officers of court not to act as solicitors in that court) is amended
as follows.
(2) In subsection (1) (officer of a coun ty court and officer’s firm not to be
engaged as representative in any pr oceedings in that court, subject to
exception in subsection (4) for deputy district judges)—
(a) for the words from the beginning to “be” substitute—
   “A fee-paid part-time judge of the county court may not act
as a judge of the court in rela tion to any proceedings in the
court in which—
(a) the judge,
(b) a partner or employer of the judge,
(c) a body of which the judge is a member or  officer, or
(d) a body of whose governing body the judge is a
member,
is”, and
(b) omit “in any proceedings in that court”.
(3) Omit subsection (3) (which refers to a provision previously repealed).
(4) Omit subsection (4) (provision ab out deputy district judges which is
incorporated in the am ended subsection (1)).
9 (1) Section 14 (penalty for assaulting officer of a court) is amended as follows.
(2) In subsection (1)—
(a) for “a court” substitute “the county court”,
(b) for “judge”, in both plac es, substitute “court”, and
(c) for “a bailiff” su bstitute “an officer”.
(3) Omit subsection (3 ) (which provided for “judge ” to include district judge
and deputies, but which will become superfluous as a result of amendments
made by this Schedule).
10 (1) In sections 15 to 25, 27(9), 30 and 36 to 147 and Schedule 1 and in any
uncommenced enactment that amends an y of those provisio ns (but subject
to any specific amendments or repe als made by or under this Act)—
(a) for “A county court”, in each pl ace, substitute “The county court”,
and
(b) for “a county court”, in each pl ace, substitute “the county court”.
(2) In sections 18 and 24(1) omit “specified in the memorandum”.
(3) Omit sections 26, 27(1) to (8), 28, 31(1), 32, 33 and 59 (Admiralty, and
contentious probate,  jurisdictions).
(4) In section 27(9) for “No county court shall” substitute “The county court
does not”.
(5) In section 30 (actions in personam in collision etc cases)—
(a) in subsections (2) and (4) for “No county court shall” substitute “The
county court may not”,Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984140
(b) in subsection (7) omit “(whether a county court or not)”, and
(c) in subsection (8) for the words afte r “applies” substitute “generally in
relation to the jurisdiction of the county court (and not only in
relation to any jurisdiction that ma y be conferred on the county court
in relation to Admiralty proceedings).”
(6) In section 31(2) (Admiralty provisio ns: savings) for the words from the
beginning to “authorise” in paragraph (c) substitute “Nothing in section 31
or any provisions made for the purpose of, or in connection with, conferring
jurisdiction on the county court in  relation to Admiralty proceedings
authorises”.
(7) In section 35 for “in one or more of the county courts” substitute “the county
court”.
(8) In section 37(1) for the words after “other” substitute “Act on the county
court may be exercised by any judge of the county court.”
(9) Omit section 37(2).
(10) Omit section 40(4) (tra nsfer of proceedings to particular county courts).
(11) In section 45(1) (costs  in transferred cases)—
(a) in paragraph (b) for “Court; or” substitute “Court,”, and
(b) omit paragraph (c).
(12) In section 55—
(a) in subsection (1) for “j udge” substitute “court”,
(b) in subsection (2) for “A ju dge” substitute “The court”,
(c) in subsection (4) for “judge may at his” substitute “the court may at
its”, and
(d) omit subsection (4A).
(13) In section 57(1)—
(a) for “judge may, if he” substi tute “court may, if it”, and
(b) omit “under his hand”.
(14) In section 58(1)—
(a) for paragraph (a) substitute—
“(a) a judge of the county court; or”, and
(b) for paragraph (c) substitute—
“(c) an officer of the county court appointed by a judge of
the county court for the purpose,”.
(15) In section 58(2) for the words from “s worn” (where it first appears) to “such”
substitute “sworn befo re any such judge or”.
(16) In section 60(2) (rights of audience in certain housing ca ses) for the words
after paragraph (b) substitute—
   “then, except where rules of co urt provide otherwise, any officer of
the authority authorised by th e authority for the purpose may
address the court.”
(17) In section 60A(2) (rights of audience of employees of housing management
bodies: proceedings to which section a pplies) for “before a district judge
which” substitute “that are not ex cluded by rules of court and”.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984141
(18) In section 61(3) for “every county court or as respects a specified county
court or” substitute “every place where the county court sits or”.
(19) In section 62 for “the judge” substitute “a judge”.
(20) In section 63—
(a) in subsection (1) as substituted by the Courts  and Legal Services Act
1990 for “a judge” subs titute “in the county court a judge of the
court”,
(b) in subsection (1) as having effect  pending that substitution for “the
judge” substitute “in the county court a judge of the court”,
(c) in subsection (2) as so substituted after “a judge” insert “of the county
court”,
(d) omit subsections (2A) and (2B),
(e) in subsection (3) for “jud ge” substitute “court”, and
(f) in subsection (4) as having effe ct pending its being so substituted—
(i) for “the judge” substitute “a judge”, and
(ii) omit “by the district judge”.
(21) In section 64(1)(a) and (2)(a) after “p roceedings” insert “in the county court”.
(22) In section 64(3) and (4) fo r “judge” substitute “court”.
(23) In section 64(4) fo r each of “he” and “h im” substitute “it”.
(24) In section 65—
(a) in subsection (1) for the words from “the judge” to “referee”
substitute “a judge of the county court may refer to another judge of
the county court or a”,
(b) omit subsection (2),
(c) in subsection (3) for the word s from “subsection” to “direct”
substitute “subsection (1), a judg e of the county court may direct”,
and
(d) in subsection (4)—
(i) for “The judge” substitute “A  judge of the county court”,
(ii) for the words from “refer” to  “account” substitute “refer to
another judge of the county court any mere matter of
account”, and
(iii) for the words after “judgm ent” substitute “on the other
judge’s report.”
(25) In section 67 for “At any county co urt where proceedings” substitute “Where
any proceedings in the county court”.
(26) In section 68 for “the judge” substitute “a judge of the court”.
(27) In section 71(2)—
(a) before “court”, where it first appears, insert “county”, and
(b) after “proceedings”, where it fi rst appears, insert “in the court”.
(28) In section 72(1) omit  “same or in another”.
(29) In section 77(1) (appeals) for “the judge” substitute “a judge”.
(30) In section 77(1A) (rules abou t appeals from district judges)—
(a) omit “under section 75”,Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984142
(b) for “district judge, assistant distri ct judge or deputy district judge”
substitute “judge of the county court”, and
(c) for “be to a” substitute “be to another”.
(31) In section 79(1) for “county courts” substitute  “the county court”.
(32) In section 82 (decision of Court of Appeal on probate appeals is final) for
“probate proceedings” subs titute “proceedings in respect of any contentious
matter arising with any grant, or revocation, of probate or administration
that under section 105 of the Senior Courts Act 1981 has been applied for
through the principal registry of the Fa mily Division or a district probate
registry”.
(33) In section 83(2) (judge to  adjourn stayed proceedings)—
(a) omit “the judge of”, and
(b) for “he” substitute “the court”.
(34) In section 84 (prohibition)—
(a) in subsection (1) for “any county co urt” substitute “the county court”,
(b) in subsection (2) for “t he judge of the county court shall not be served
with notice of it, and shall not,” substitute “no judge of the county
court is to be served with  notice of it or,”, and
(c) in subsection (2) in th e words after paragraph (b)—
(i) for “the judge” substitute “a judge of the county court”, and
(ii) after “a judge” insert “of the county court”.
(35) In section 85 (execution of judgments and orders)—
(a) in subsection (2) for “The registra r,” substitute “A judge of the county
court,”,
(b) in subsection (2) for “the district  of the court” substitute “England
and Wales”, and
(c) in subsection (3) omit “to the registrar” and “by him”.
(36) In section 87 (execution to be suspended on payment)—
(a) in subsection (1) for “regis trar” substitute  “court”, and
(b) in subsection (2) omit  “the registrar of” and “from which the warrant
is issued”.
(37) In section 90 (custody of goods seiz ed) for “registrar”, in both places,
substitute “court”.
(38) In section 91 (disposal of securities seized) for “registrar” substitute “county
court”.
(39) In section 92 (penalty for rescuing goods seized)—
(a) in subsection (1) for “judge”, in  both places, substitute “county
court”,
(b) in subsection (1) for “a baili ff” substitute “an officer”, and
(c) in subsection (2) for “The judge”  substitute “A judge of the county
court”.
(40) In section 95 (a ppointment of brokers,  appraisers etc)—
(a) in subsections (1) and (2) for “The  registrar” substitute “A judge of
the county court”, andCrime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984143
(b) in subsection (3) for “The judge or registrar”  substitute “A judge of
the county court”.
(41) In section 96(1) (power to appoint bailiff as broker or appraiser) for “The
judge” substitute “A judge of the county court”.
(42) In section 97 (sale under execution)—
(a) for “registrar”, in each pl ace, substitute “court”, and
(b) in subsection (1) omit “from whic h the warrant of execution issued”.
(43) In section 98 (protection of person  selling goods under execution without
notice of third-party claim)—
(a) in subsection (1) in the words before paragrap h (a) for “registrar or
other officer”, in both pl aces, substitute “person”,
(b) in subsection (1)(b) for “district judge or other officer” substitute
“person”, and
(c) in subsection (2) for “registrar or other offi cer” substitute “person
who sold the goods”.
(44) In section 99 (effect of warrants of execution) as having effect until replaced
by the section 99 that is to be subs tituted by the Tribunals, Courts and
Enforcement Act 2007—
(a) in subsection (1) om it “the registrar of”,
(b) in subsection (2)(a) om it “registrar of a”,
(c) in subsection (2)(a) for the wo rds after “application” substitute
“remained unexecuted in the hand s of a person ch arged with its
execution; or”,
(d) in subsection (3) for “registrar ” substitute “county court”, and
(e) in subsection (3) for each of “him ” and “he” substitute “the court”.
(45) In section 100 (sale of goods to which claim is made)—
(a) for “judge”, in each plac e, substitute “court”, and
(b) in subsection (4) for “t he registrar” substitute “a judge of the court”.
(46) In section 101 (interpleader)—
(a) in subsection (1)—
(i) for “registrar” subs titute “court”, and
(ii) for “against him” substitute “in respect of the claim”,
(b) in subsection (2) for “any county  court or” substitute “the county
court or any”, and
(c) in subsection (3)—
(i) for “judge” substitute “court”,
(ii) for “and the registrar” substi tute “and the person executing
the warrant”, and
(iii) omit “by the registrar”.
(47) In section 102(7) for “r egistrar” substitute “court”.
(48) In section 103 (execution out of jurisdiction of a county court) omit
subsections (1) to (5).
(49) In section 104 (information about writs and warrants)—
(a) in subsection (1) for “the district  judge of a” substitute “a judge of
the”,Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984144
(b) in subsection (1) in the words afte r paragraph (b) omit “district”, and
(c) in subsection (3) omit “district”.
(50) In section 110 (penalty for non-attendance) for “judge”, in each place,
substitute “court”.
(51) In Part 6 (administration orders) as ha ving effect until replaced by the Part 6
that is to be substituted by the Tr ibunals, Courts and Enforcement Act
2007—
(a) in section 112(2) omit the definition of “the appropriate court”,
(b) for “appropriate court”, in ea ch place except section 112(2),
substitute “county court”,
(c) in section 113(a)(ii) for “in the o ffice of the county court for the
district in which the debtor resides” substitute “on an appropriate
website”,
(d) in section 113(b) and (d) (reference s to district judge) for “registrar”
substitute “county court”,
(e) in section 114(2)—
(i) for “any county court in which proceedings” substitute
“when an administration order is made, the county court is to
stay any proceedings in the county court which”, and
(ii) omit “shall, on receiving noti ce of the administration order,
stay the proceedings”,
(f) in section 114(3) for the words after “operate” substitute “as a
requirement to stay any proceed ings in bankruptcy which are
pending against the debtor.”, and
(g) in section 115(1)—
(i) omit “the registrar of”, and
(ii) for “he” substitute “the court”.
(52) In Part 6 (administration orders) as substituted by the Tribunals, Courts and
Enforcement Act 2007—
(a) omit “proper”, in each place except section 112AA(3),
(b) in section 112L(7)(a) omit “(within the meaning of Part 6A)”,
(c) in section 112N(3) for “the judge” substitute “a judge of the county
court”,
(d) omit section 112N(6) (district ju dge may exercise powers of judge),
and
(e) omit section 112AA(3) and (4) (meaning of “proper county court”).
(53) In Part 6A (enforce ment restriction orders)—
(a) omit “proper”, in each place,
(b) in section 117I(7)(a) omit “(within the meaning of Part 6)”,
(c) in section 117K(3) for “the judge” substitute “a judge of the county
court”,
(d) omit section 117K(6) (district ju dge may exercise powers of judge),
(e) in section 117R(3) omit “, or an other court whilst it was previously
the proper county court,”, and
(f) omit section 117T(3) and (4) (meaning of “proper county court”).
(54) In section 118 (power to commit for contempt)—
(a) in subsection (1)(a) for “the  judge” substitute “a judge”,Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984145
(b) in subsection (2) for “The judge”  substitute “A judge of the county
court”, and
(c) omit subsection (3) (district ju dge may exercise powers of judge).
( 5 5 ) I n  s e c t i o n  1 1 9 ( 1 )  ( o r d e r  o f  c o m m i t t a l  t o  b e  d i r e c t e d  t o  d i s t r i c t  j u d g e )  f o r
“registrar” substitute “officers”.
(56) In section 120 (prisons to which committals to be made) omit “judge of any”.
(57) In section 121 (power to order discharge from prison)—
(a) omit “a judge of”, and
(b) for “the judge”, in both pl aces, substitute “the court”.
(58) Omit section 122 (execution of comm ittal orders by other county courts).
(59) In section 123 (responsibility fo r acts and defaults of officers)—
(a) for “Every registrar” substi tute “The county court”, and
(b) for “himself and of the bailiffs appointed to assist him” substitute “its
bailiffs and other officers”.
(60) In section 124 (liability of bai liff for neglect to levy execution)—
(a) in subsection (1) for the words af ter “complain” substitute “to the
court.”, and
(b) in subsection (2) for “j udge” substitute “court”.
(61) In section 125(1) (execution of warrants) for “a court” substitute “the court”.
(62) In section 126(1) (actions against bailiffs acting under warrants) for
“registrar” substitute “county court”.
(63) In section 129 (enforcement of fines)—
(a) for “any court” substitu te “the county court”, and
(b) for “judge” substitute “court”.
(64) In section 131 (appointment of audito rs etc) for “county courts” substitute
“the county court”.
(65) In section 132 (payment of salaries and expenses)—
(a) in paragraph (b) for “courts and” substitute “the county court and
its”, and
(b) in paragraphs (c) and (d) for “c ourts”, in each place, substitute
“county court”.
(66) In section 133 (proof of service) for “a court”, in both places, substitute “the
court”.
(67) In section 137(2) (lessee’s failure to  give notice) for “any county court or”
substitute “the county court or any”.
(68) In section 147(1) (interpretation)—
(a) omit the definition of “Admiralty county court”,
(b) for the definition of “Adm iralty proceedings” substitute—
““Admiralty proceedings” means proceedings which, if
commenced in the High Court, would involve the
exercise of the High Court’ s Admiralty jurisdiction;”,
(c) for the definition of “court ” and “county court” substitute—
““court” means the county court;”,Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984146
(d) omit the definition of “dis trict” and “county district”,
(e) omit the definition of “judge”,
(f) in the definition of “officer” for the words from “in relation” to
“clerk,” substitute “in relation to the county court, means any clerk,”,
(g) omit the definition of “part-time registrar” and “part-time assistant
registrar”,
(h) omit the definition of “probate proceedings”, and
(i) omit the definition of “registrar” and “registrar of a county court”.
(69) In Schedule 1 (replevin)—
(a) in paragraph 1(2)—
(i) for “The registrar for the dist rict in which any goods subject
to replevin are taken” substitu te “Where any goods subject to
replevin are taken, the county court”, and
(ii) for “a bailiff” su bstitute “an officer”,
(b) in paragraph 1(3) for “regis trar” substitute  “court”, and
(c) in paragraph 2(2)—
(i) for “registrar having power in  the matter” substitute “county
court”, and
(ii) for “registrar thinks” substitute “court thinks”.
(70) In Schedule 3 (transitional pr ovisions) after paragraph 5 insert—
“5A Any reference that would otherwise fall to be construed in
accordance in with paragraph 5 is instead to be construed as a
reference to the county court established under section A1.”
(71) In paragraph 7 of Schedule 3 (refer ences to high bailiffs) for “registrar”
substitute “judge of the county court”.
PART 2
OTHER  AMENDMENTS
General modification
11 (1) In relevant legislation, but subject to any amendments or repeals made by or
under this Act—
(a) any reference (however expressed) that is or is deemed to be a
reference to a county court held under section 1 of the County Courts
Act 1984 is to be read as a reference to the county court established
by section A1 of that Act, and
(b) any reference (however expressed)  t h a t  i s  o r  i s  d e e m e d  t o  b e  a
reference to a judge of a county court held under section 1 of that Act
(including, for example, any refere nce to the judge of such a county
court and any reference to a judge fo r, or assigned to, the district of
such a county court) is—
(i) if the context permits, to be read as a reference to the county
court established under section A1 of that Act, and
(ii) otherwise is to be read as a reference to a judge of the county
court established under that section.
(2) Sub-paragraph (1)(b) does not apply to a reference to a holder of a particular
office (for example, a reference to a Ci rcuit judge) even thou gh holders of theCrime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 2 — Other amendments147
office were, or might have been, judges of county courts held under section
1 of that Act.
(3) In sub-paragraph (1) “relevant legislation” means—
(a) an Act passed no later than the end of the Session in which this Act
is passed, but not the Co unty Courts Act 1984,
(b) an Act or Measure of the Nati onal Assembly for Wales passed no
later than the end of that Session, or
(c) an instrument made under an Act (including a future Act), or under
an Act or Measure of the National  Assembly for Wales (including a
future Act of that Assembly), if—
(i) made no later than the coming into force of sub-paragraph
(1), or
(ii) made later than the coming into force of sub-paragraph (1)
but after having been approved  in draft before the coming
into force of that sub-paragraph by at least one House of
Parliament or by the Nati onal Assembly for Wales.
Literary and Scientific Inst itutions Act 1854 (c. 112)
12 In section 29 of the Literary and Scientific Institutions Act 1854—
(a) omit “the judge of”,
(b) omit “of the district in  which the principal building of the institution
shall be situated,”, and
(c) for “he”, in each pl ace, substitute “it”.
Commons Act 1876 (c. 56)
13 In section 30 of the Commons Act 1876 (jurisdiction of county court in
respect of illegal inclosures)—
(a) for the words before “shall have jurisdiction” substitute “The county
court”, and
(b) for “upon such” substitute “upon any”.
Bankers’ Books Evidence Act 1879 (c. 11)
14 In section 10 (interpretation) for “The  judge of a county court” substitute “A
judge of the county court”.
Bills of Sale Act (1878) Amendment Act 1882 (c. 43)
15 In section 11 of the Bills of Sale  Act (1878) Amendment Act 1882 (local
registration of conten ts of bills of sale)—
(a) in the first sentence, for the words after “contents of such bill of sale
to the” substitute “county court”, and
(b) in the second sentence omit the words between “indexed by the” and
“county court”.
Law of Distress Amendment Act 1888 (c. 21)
16 In section 7 of the Law of Distress Am endment Act 1888 (dis tress to be levied
by certified bailiffs)—Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 2 — Other amendments148
(a) for “judge assigned to a county court district, or acting as a judge so
assigned” substitute “judge of the county court”, and
(b) omit the sentence beginning “A county court registrar may”.
Law of Distress Amendment Act 1895 (c. 24)
17 In section 1 of the Law of Distress Amendment Act 1895—
(a) for “the judge of a county court” substitute “a judge of the county
court”, and
(b) for “that county court” substitute “the county court”.
Stannaries Court (Abolit ion) Act 1896 (c. 45)
18 (1) The Stannaries Court (Abolition) Act 1896 is amended as follows.
(2) In section 1(1) (abolition of Vice-War den’s Court) omit the words from “and
be exercised” to the end.
(3) In section 1 after subsection (1) insert—
“(1A) The jurisdiction and powers tr ansferred and vested  under subsection
(1), so far as immediately before  the coming into force of this
subsection they are vested in any of the county courts held under
section 1 of the County Courts Act 1984, become jurisdiction and
powers of the county court to be exercised su bject to and in
accordance with rules of court.”
(4) In section 4(1) (reference of disputes to arbitration) for “a county court
exercising the jurisdiction of the Stan naries Court” substitute “the county
court”.
Administration of Justice (Appeals) Act 1934 (c. 40)
19 The Administration of Justice (Appeals) Act 1934 is repealed.
Crown Proceedings Act 1947 (c. 44)
20 In the Crown Proceedings Act 1947—
(a) for “a county court”, in each place except section 53(3)(a), substitute
“the county court”, and
(b) in sections 24(3) and 27(2) for “c ounty courts” substi tute “the county
court”.
Registered Designs Act 1949 (c. 88)
21 (1) The Registered Designs Act 1949 is amended as follows.
(2) In section 27(1)(a) (meaning of “t he court”) for the words after “High”
substitute “Court,”.
(3) Omit section 27A(4) to (6) (ref erences to patents county court).Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 2 — Other amendments149
Opencast Coal Act 1958 (c. 69)
22 In Schedule 8 to the Opencast Coal Ac t 1958 in paragraph 7 omit “the judge
of” and “having jurisdiction in the place where the land in question is
situated”.
Domestic and Appellate Proceedings (Res triction of Publicity) Act 1968 (c. 63)
23 In section 1(4) of the Domestic an d Appellate Proceedi ngs (Restriction of
Publicity) Act 1968 (courts to which section applies) for “a county court”
substitute “the county court”.
Courts Act 1971 (c. 23)
24 Omit section 42(2) and (3) of the Cour ts Act 1971 (City of London to be a
county court district, and the county cour t for that district to be known as the
Mayor’s and City of London Court).
Attachment of Earnings Act 1971 (c. 32)
25 (1) The Attachment of Earnings Act 1971 is amended as follows.
(2) In section 1(2)— 
(a) for “A county court may” substitute “The county court may”, and
(b) for “county court rules” substitute “rules of court”.
(3) In that Act except section 1 (but subject to any specific amendments or
repeals made by or under this Act in that Act)—
(a) for “a county court”, in each plac e, substitute “the county court”, and
(b) for “A county court”, in each place, substitute “The county court”.
(4) In section 6(7)(a) for “such county court as the order may specify” substitute
“the county court if the order so specifies”.
(5) In section 23 (enforcement provisions)—
(a) in subsections (1) and (1A), in ea ch place, for “the judge” substitute
“the court”,
(b) in subsection (1A) for “h e” substitute “the court”,
(c) in subsection (3) for “the coun ty court judge” substitute “by the
county court”,
(d) in subsection (4) after “judge” insert “or court”,
(e) in subsection (7)—
(i) for “a county court judge” su bstitute “by the county court”,
and
(ii) after “the judge” insert “or court”,
(f) in subsection (8) for “a county court judge”, in each place, substitute
“the county court”, and
(g) omit subsection (11) (powers under section of judge of county court
exercisable by district judge).
(6) In section 25(1) (interpretation) in the definition of “the court” for “county
courts” substitute “the county court”.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 2 — Other amendments150
Solicitors Act 1974 (c. 47)
26 In section 74 (assessment of county court costs)—
(a) in subsection (1) for “a county co urt” substitute “the county court”,
and
(b) omit subsection (2) (distric t judge to be costs officer).
Patents Act 1977 (c. 37)
27 In section 130(1) of the Patents Act 1977 (interpretation) in paragraph (a) of
the definition of “the court” for the words after “High” substitute “Court;”.
Criminal Law Act 1977 (c. 45)
28 In section 10(6) (definitions) for paragr aph (b) of the definition of “officer of
a court” substitute—
“(b) any officer of the county court.”
Senior Courts Act 1981 (c. 54)
29 In section 51 of the Seni or Courts Act 1981 (costs)—
(a) in subsection (1)(c) (c osts of county court proceedings) for “any”
substitute “the”, and
(b) in subsection (8)(b) for “a coun ty court” substitute “the county
court”.
Copyright, Designs and Patents Act 1988 (c. 48)
30 (1) The Copyright, Designs and Patents Act 1988 is amended as follows.
(2) In section 252(6)(a) (court  which is to determine disputes as to Crown use of
designs) for the words after “High” substitute “Court,”.
(3) Omit sections 287 to 289 and 291 (patents county court).
Courts and Legal Services Act 1990 (c. 41)
31 The Courts and Legal Services Act 1990 is amended as follows.
32 (1) Section 1 (allocation of business be tween the High Court and county courts)
is amended as follows.
(2) In subsection (1)(a) fo r “county courts have” substitute “the county court
has”.
(3) In subsection (1)(b) and (c) for “county courts” substitute “the county court”.
(4) In subsection (1)(e) and (g ) for “a” substitute “the”.
(5) Omit subsections (4) to (6) (jurisdi ction of particular county courts).
(6) In subsections (7)(a)(ii) and (10) for “any county  court” substitute “the
county court”.
(7) In the title for “county cour ts” substitute “county court”.
33 (1) Section 11 (representation in certain county court cases) is amended as
follows.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 2 — Other amendments151
(2) For “a county court”, in each pl ace, substitute “the county court”.
(3) In subsection (5) for “a court”  substitute “the county court”.
(4) In subsection (6) for “any county co urt” substitute “the county court”.
34 In section 15(3) (costs of previous st eps to enforce a judgment or order) for
“a county court” substitu te “the county court”.
35 In section 71(3)(e) (meaning of “coun ty court qualification”) for “county
courts” substitute “the county court”.
Vehicle Excise and Registration Act 1994 (c. 22)
36 In section 49(a) (persons authorised to appear on be half of Secretary of State)
for “before a district judge  of a” substitute “the”.
Housing Act 1996 (c. 52)
37 (1) The Housing Act 1996 is amended as follows.
(2) In section 143N(1) (demoted tenancies:  jurisdiction of county court) for “A
county” substitute  “The county”.
(3) In section 158(1) (interpretation of Chapter 3 of Part 5) in the definition of
“relevant judge” for paragraph (b) substitute—
“(b) where the injunction was granted by the county court,
a judge of that court;”.
(4) In paragraph 1(2) of Schedule 15 (interpretation of Schedule)—
(a) for “a county”, in both plac es, substitute “the county”, and
(b) omit “or district judge”.
London Local Authorities Act 1996 (c. ix)
38 In paragraph 10 of Schedule 1 to the London Local Authorities Act 1996
(invalid enforcement notice in respect of penalty charge related to bus
lane)—
(a) in sub-paragraph (1)(a) for “a county” substitute “the county”,
(b) in sub-paragraph (1)(c) omit  “which made the order”,
(c) in sub-paragraph (3) for “a dist rict judge” substitute “the county
court”,
(d) in sub-paragraph (4)—
(i) for “district judge” subs titute “county court”, and
(ii) for “he” substitute “the court”, and
(e) in sub-paragraph (5) for “distric t judge” substitute “county court”.
Protection from Hara ssment Act 1997 (c. 40)
39 In section 3 of the Protection of Harassment Act 1997 (civil remedy)—
(a) for “a county”, in each pl ace, substitute “the county”,
(b) in subsection (4)(b) for “or district  judge of that or any other county”
substitute “of that”, and
(c) in subsection (5) omit “or di strict judge” in both places.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 2 — Other amendments152
Courts Act 2003 (c. 39)
40 In the Courts Act 2003—
(a) in sections 1(1)(b), 59(2)(b), 81(1 )(a), 92(1)(b) and 98(1)(b) for “county
courts” substitute “t he county court”,
(b) in section 64(2) for “District ju dge for a county court district”
substitute “District judge of the county court”,
(c) in section 98(1)(c) and (d) fo r “courts” substi tute “court”, and
(d) in paragraph 8(4) of Schedule 7—
(i) in paragraph (a) omit “d istrict judge of a”, and
(ii) in paragraph (b) for the word s after “application” substitute
“remained unexecuted in the ha nds of a person charged with
its execution.”
Traffic Management Act 2004 (c. 18)
41 In section 83(1) of the Traffic Management Act 2004  (certificated bailiffs) as
having effect until its repeal by the Tribunals, Courts and Enforcement Act
2007 for the words from “signed—” to the end substitute “signed by a judge
of the county court.”
Constitutional Reform Act 2005 (c. 4)
42 In section 7(4) of the Constitutional Reform Act 2005 (courts of which Lord
Chief Justice is president) for “count y courts” substitute “county court”.
Companies Act 2006 (c. 46)
43 In section 1156 of the Companies Act 2006 (meaning of “the court”)—
(a) in subsection (1) for “(subject to subsection (3)) a” substitute “the”,
and
(b) omit subsections (3) and (4) (pow er to provide for jurisdiction of
county courts under the Act to be exercisable only by some courts).
Police and Justice Act 2006 (c. 48)
44 In section 27(12) of the Police and Justice Act 2006 (interpretation of
section)—
(a) for “a county”, in both plac es, substitute “the county”, and
(b) omit “or district judge”.
Tribunals, Courts and Enforcement Act 2007 (c. 15)
45 The Tribunals, Courts and Enforcement Act 2007 is amended as follows.
46 In section 64(1) (cer tificated enforcement agents) for the words from
“section—” to the end substitute “section by a judge of the county court.”
47 (1) In section 106 (administration orders) amend the sections to be inserted into
the County Courts Act 1984 as follows.
(2) Omit “proper”, in each pl ace except section 112AA(3).
(3) In sections 112B(1), 112J(1) and 112K(1 ) for “A county court” substitute “The
county court”.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 2 — Other amendments153
(4) In section 112L(7)(a) omit “(wi thin the meaning of Part 6A)”.
(5) In section 112N(3) for “the judge” subs titute “a judge of the county court”.
(6) Omit section 112N(6) (d istrict judge may exerci se powers of judge).
(7) In section 112O(1)(b) for “a county court” substitu te “the county court”.
(8) Omit section 112AA(3) and (4) (meaning of “proper county court”).
48 (1) In section 107 (enforcement restriction orders) amend the sections to be
inserted into the County Courts Act 1984 as follows.
(2) In sections 117B(1), 117F(6), 117G (1) and 117H(1) for “A county court”
substitute “The county court”.
(3) Omit “proper”, in each place.
(4) In section 117I(7)(a) omit “(wi thin the meaning of Part 6)”.
(5) In section 117K(3) for “the judge” substitute “a judge of the county court”.
(6) In sections 117K(5) an d 117L(1)(b) for “a county  court” substitute “the
county court”.
(7) Omit section 117K(6) (district ju dge may exercise powers of judge).
(8) In section 117R(3) omit “, or another court whilst it was previously the
proper county court,”.
(9) Omit section 117T(3) and (4) (mea ning of “proper county court”).
49 In section 143(2) omit subsections (4) to (6) of the sectio n 27A to be inserted
into the Registered Designs Act 1949.
London Local Authorities Act 2007 (c. ii)
50 In section 65(1) of the London Loca l Authorities Act 2007 (certificated
bailiffs) for the words from “signed—” to the end substitu te “signed by a
judge of the county court.”
Policing and Crime Act 2009 (c. 26)
51 (1) The Policing and Crime Act 2009 is amended as follows.
(2) Omit section 48(1) (rules  may make provision about exercise of county court
jurisdiction).
(3) In paragraph 1(2) of Schedule 5 (meaning of “the court”)—
(a) for “a county”, in both plac es, substitute “the county”, and
(b) omit “or district judge”.
PART 3
FURTHER  AMENDMENTS
Amendment of references to “a county court”
52 (1) In the provisions listed in sub-pa ragraph (2) (but subject to any specific
amendments made by or under this Act)—Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments154
(a) for “A county court”, in each pl ace, substitute “The county court”,
and
(b) for “a county court”, in each pl ace, substitute “the county court”.
(2) The provisions are—
Access to Health Records Act 1990: section 8(5),
Access to Justice Act 1999: sections 17, 17A, 21 and 54 to 57,
Access to Medical Records Act 1988: section 8(2),
Access to Neighbouring Land Act 1992: section 8(3),
Administration of Justice (Miscell aneous Provisions) Act 1933: section
7(2),
Administration of Justice Act 1960: sections 12 and 13,
Administration of Justice Act 1970: section 11(b) in the words before
sub-paragraph (i), and section 41(3),
Administration of Justice Act 1977: section 23(4)(a),
Administration of Justice Act 1982: section 38,
Administration of Justice Act 1985: section 53(2)(c),
Anti-social Behaviour Act 2003: sections 13 and 26A to 28,
Charging Orders Act 1979: sections 1(1), (2)(c) and (d) and (6), 3(4A)(a)
and 6(2),
Charities Act 1992: section 58(1),
Civil Jurisdiction and Judgments  Act 1982: section 18(4A)(a),
Commonhold and Leasehold Reform Act 2002: sections 66(1) and
107(1),
Commons Act 2006: sectio ns 34(5) and 46(7)(a),
Companies Act 2006: section 1183,
Communications Act 2003: section 124Q(7)(a),
Compensation Act 2006: section 8(2),
Contempt of Court Act 1981: section 14 (but not in its application to
Northern Ireland as set out in Schedule 4 to that Act),
Crime and Disorder Act 1998: sections 1B(1) and 10,
Criminal Justice Act 2003: section 329(8)(c),
Data Protection Act 1998: section 55D(2)(a),
Education Act 1996: section 336(2)(g),
Education and Skills Act 2008: sections  56(5), 57(2), 58(4)(b), 59(4) and
65(3),
Electricity Act 1989: sections  39B(4)(a) and 44A(6)(b)(i),
Employment Rights Act 1996: sections 110(6)(a), 194(4) and 195(4),
Employment Tribunals Act 1996: sect ions 7(3)(e)(i), 13(1C), 15(1) and
19A,
Environmental Protection Act 1990: section 78P(8),
Equality Act 2006: sections 21(7)(b ), 22(6), 24 and 32(9)(b), and
paragraphs 11 and 12(2) of Schedule 2,
Equality Act 2010: sections 114(1), 119(1), 120(6), 124(6), 127(9), 138(8),
140(6) and 143(1), paragraph 12(5) of Schedule 20 and paragraphs
4(2) and 5(7) of Schedule 21,
Finance Act 2003: paragraph 5(1)(a) of Schedule 12, and the first “a
county court” in paragraph 5(3)(a) of that Schedule,
Financial Services and Markets Act 2000: paragraphs 16(a) and 16D(a)
of Schedule 17,Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 3 — Further amendments155
Gas Act 1986: sections 15A(6 )(b), 27A(9)(b) and 33AB(4)(a),
Health and Social Care (Community Health and Standards) Act 2003:
section 155(7),
Highways Act 1980: sections 79(8) and (13) and 308,
Horserace Betting and Olympic Lottery Act 2004: section 9(6),
Housing Act 1980: section 86(1),
Housing Act 1985: sections 82A(2), 110(1), 181(1) and 272(5), and
paragraph 6(5) of Schedule 18,
Housing Act 1988: sections 6A(2) an d 40(1) and (3), and section 40(4)
until its repeal by the Courts and Legal Services Act 1990 is fully in
force,
Housing Act 1996: sections 95, 138(1), 153E(6), 154(1), 155(6), 157(1) and
203(5),
Housing Act 2004: sections 214(1) and 215(2A), and paragraphs 5(3)(a)
and 13 of Schedule 13,
Immigration and Asylum Act 1999: section 43(2)(a),
Immigration, Asylum and Nation ality Act 2006: section 17(6)(a),
Industrial and Provident Societies Act 1965: section 60(8)(a),
Insolvency Act 1986: sections 196(a), 373(2), 375 and 429(1),
Land Registration Act 2002: sections 75(4), 76(5) and 132(3)(a),
Landlord and Tenant (Covenants) Act 1995: sections 8(4) and 10(4),
Landlord and Tenant (War Damage) Act 1939: section 23(1),
Landlord and Tenant Act 1954: section 63(2) and (9),
Landlord and Tenant Act 1985: section 20C(2), and paragraph 8(2) of
the Schedule,
Landlord and Tenant Act 1987: sections 52(1) and (3) and 60(1), and
paragraphs 4(3) and 9(3) of Schedule 1, and section 52(4) until its
repeal by the Courts and Legal Serv ices Act 1990 is fully in force,
Learning and Skills Act 2000: section 145(5),
Leasehold Reform, Housing and Urban Development Act 1993:
sections 90, 93(3) and 101(1), paragraph 4(3) of Schedule 8 and
paragraph 4 of Schedule 14,
Legal Aid, Sentencing and Punishment of Offenders Act 2012: sections
24(3)(b) and 36(5), paragraph 5 of Part 3 of Schedule 1 and paragraph
2(3) of Schedule 2,
Legal Services Act 2007: section 141(7),
Local Government Act 1972: section 146(3),
Local Government Act 2000: section 77(6)(e),
Local Government Finance Act 1992: paragraph 11(4) of Schedule 4,
Local Land Charges Act 1975: section 10(8),
Localism Act 2011: section 159(5),
London Building Acts (Amendment) Act 1939 (c. xcvii): sections 103
and 143, and entry (xxxiv) in the table in section 148(2),
London County Council (General Po wers) Act 1955 (c. xxix): section
7(4),
Magistrates’ Courts Act 1980: sections 87(1) and 111A(3)(a),
Mental Health Act 1983: section 31,
Mines and Quarries (Tips) Act 1969: section 28,
National Health Service Act 2006: sections 90(5), 94(3)(h), 105(5),
109(3)(h), 122(5) and 139(8), and paragraph 3(3)(j) of Schedule 12,Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments156
National Health Service (Wales) Act 20 06: sections 48(5), 52(3)(h), 62(5),
66(3)(h) and 97(8), and para graph 3(3)(j) of Schedule 7,
National Minimum Wage Act 1998: sections 19E(a), 38(2) and 39(2),
Patents Act 1977: sections 41(9), 61(7)(a), 93(a) and 107(2),
Pension Schemes Act 1993: sections 53 (1B)(a), 115(6)(a), 150(8)(a) and
151(5)(a),
Pensions Act 1995: section 10(8A)(a),
Pensions Act 2004: sections 103(9)(a), 217(2)(a) and 218(5)(a),
Pensions Act 2008: section 42(2),
Planning Act 2008: section 171(4), and paragraph 24 of Schedule 12,
Protection from Harassment Act 1997: section 3A(2),
Rent (Agriculture) Act 1976: section 26,
Rent Act 1977: sections 96(3), 132(6) and 141,
Representation of the People Act 1983: sections 78(4), 86(1)(c) and
167(1), and rule 56(1), (4) and (5)(a) of Schedule 1, with a view to the
inserted references to the county court including (as in other places
in that Act) a county court in Northern Ireland,
Representation of the People Act 1983: section 167(3), and paragraph 9
of Schedule 4,
Reserve and Auxiliary Forces (Protect ion of Civil Interests) Act 1951:
section 2(1),
Senior Courts Act 1981: section 29(4),
Social Security (Recovery of Benefits) Act 1997: section 7(4),
Social Security Act 1989: paragraph 9 of Schedule 5,
Social Security Administration Act 1992: sections 71ZE(1) and 126(3)(a),
Social Security Contributions and Benefits Act 1992: section 12(7),
Solicitors Act 1974: sections 61(6), 68(2), 69(3) and 74(3),
Trade Union and Labour Relations (Consolidation) Act 1992: section
277(3), and paragraphs 19E(5), 28(6) and 120(6) of Schedule A1,
Tribunals, Courts and Enforcement Act 2007: sections 27(1)(a) and
78(3), section 92(1) (in the inserted  section 15D(3)), section 93(2) (in
the inserted section 1(6)), section 93(3) (in the inserted section
3(4A)(a)), sections 93(6), 95(1), 104(2), 115 to 118, 119(1)(b), 122(2) and
123(1), paragraph 12(2)(b) of Schedule 5, paragraphs 3(1), 60(8) and
66(4) of Schedule 12, paragraphs 77 and 79(2)(a) of Schedule 13 (in
the quoted or inserted text), paragraphs 2(2), 5, 7, 10, 18 and 21 of
Schedule 15 (in the inserted text) and paragraph 3(2) of Schedule 16
(in the inserted section 429(1)),
Trusts of Land and Appointment of Trustees Act 1996: section 23(3),
Violent Crime Reduction Act 2006: section 4(1),
Water Industry Act 1991: sections 30A(5), 51B(5) and 150A(6), and
Welfare Reform Act 2012: section 105(1) (in the inserted section
71ZE(1)).
Amendments of other references
53 In section 7(1) of the Access to Neighbouring Land Act 1992 for “the county
courts” substitute “the county court”.
54 In section 40 of the Administration of  Justice Act 1956 for “a county court”,
and for “that county court”, substitute “the county court”.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 3 — Further amendments157
55 In section 26 of the Administration of Justice 1964 (Inner and Middle
Temples in City of London for certain purposes including the law relating to
county courts) omit “county courts,”.
56 In section 96(1) of the Agricultural Holdings Act 1986 omit  the definition of
“county court”.
57 In section 18(5) of the Agricultural Marketing Act 1958 omit the words from
“within the district” to “may be brought”.
58 In section 5 of the Agriculture (Miscellaneous Provisions) Act 1954—
(a) in subsections (2) and (3) for “county  court rules” substitute “rules of
court”, and
(b) omit subsection (4) (p owers of district judge).
59 In section 6 of the Allotments Act 19 22 for “the judge of the county court
having jurisdiction in the place where the land is situated”, and for “a county
court”, substitute “the county court”.
60 (1) In section 82(1) of the Arbitration Act 1996, in the definition of “legal
proceedings”, after “civil proceedings” insert “in England and Wales in the
High Court or the county court or in Northern Ireland”.
(2) In section 105 of that Act—
(a) in subsection (1) after ““the court”” insert “in relation to England and
Wales means the High Court or the county court and in relation to
Northern Ireland”,
(b) in subsection (2) befo re paragraph (a) insert—
“(za) allocating proceedings un der this Act in England and
Wales to the High Court or the county court;”,
(c) in subsection (2)(a) after “this Ac t” insert “in Northern Ireland”,
(d) in subsection (2)(b) after “or in” insert “the county court or (as the
case may be)”,
(e) in the first sentence in  subsection (3) after “a county court” insert “in
Northern Ireland”, and
(f) in the second sentence in subsecti on (3) omit “England and Wales or,
as the case may be,”.
61 In section 22(6) of the Architects Act 1997 (appeals) after “appeal” insert “in
England and Wales to the county court or, in Northern Ireland,”.
62 In section 17(6) of the Audit Commis sion Act 1998 for “the county courts”
substitute “the county court”.
63 In section 5(1) of the Caravan Sites Act 1968 (meaning of “the court”) omit
the words from “and any powers” to the end.
64 In the Chancel Repairs Act 1932—
(a) in section 3(1)—
(i) omit “for the district in wh ich the chancel is situate”, and
(ii) for “a county court” substitute “the county court”,
(b) in section 3(3)—
(i) for “a judge of county courts” substitute “the county court”,
and
(ii) for “the judge” substi tute “the court”, and
(c) in section 4(1) for “county court ru les” substitute “rules of court”.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments158
65 In sections 10(7), 29(4) and 29A(1) of the Chiropractors Act 1994—
(a) after “appeal” insert “in England and Wales to the county court or in
Northern Ireland”, and
(b) before “the sheriff” insert “to”.
66 In section 18(2)(b) of the Civil Jurisd iction and Judgments Act 1982 for “or”,
in the second place, substitute “in the High Court or the county court or in”.
67 In the Civil Procedure Act 1997—
(a) in sections 1(1)(c) and 2(2)(e) and (f) for “county courts” substitute
“the county court”, and
(b) in Schedule 1 (civil procedure rules)—
(i) in paragraph 3(1)(b) for “bet ween county courts” substitute
“within the county court”, and
(ii) in paragraph 3(2)(a)(ii) for “by another county court”
substitute “elsewhere within the county court”.
68 In section 25(5)(c) of the Commissione rs for Revenue and Customs Act 2005,
in the definition of “legal proceedings ”, after “civil proceedings” insert “in
England and Wales in the county court or in Northern Ireland”.
69 In paragraph 11 of Schedule 11 to  the Commonhold and Leasehold Reform
Act 2002 for “a county court”, and for “such a court”, substitute “the county
court”.
70 In section 41(1) of the Commons Act 2006 omit “in whose area the land is
situated”.
71 In section 2(7) of the Contracts (Rights of Third Parties) Act 1999 after
“exercisable” insert “in England and Wales by both the High Court and the
county court and in Northern Ireland”.
72 In sections 115(1), 205(1) and 232(1) of the Copyright, Designs and Patents
Act 1988 for “, Wales and” substitute “and Wales the county court and in”.
73 In section 8(4) of the Coroners and  Justice Act 2009 for “county courts”
substitute “county court”.
74 In section 30 of the Courts Act 1971 for “county courts” substitute “the
county court”.
75 In section 1B(5) of the Crime and Di sorder Act 1998 for “which made an
order under this section for it” substi tute “for an order made under this
section”.
76 In section 10(1) of the Criminal Law Act 1977 for “by any” substitute “the”.
77 In section 15(1) of the Data Protection Act 1998 after “exercisable” insert “in
England and Wales by the High Court or  the county court or, in Northern
Ireland,”.
78 In section 5 of the Debtors Act 1869—
(a) in paragraph (a) of proviso (1) fo r “or his deputy” substitute “of the
court”,
(b) for “any county court” subs titute “the county court”, and
(c) for “other than a” subs titute “other than the”.
79 In the Deeds of Arrangement Act 1914—Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 3 — Further amendments159
(a) in section 10(1) for the words after “copy of the deed to the”
substitute “county court.”,
(b) in section 10(2) omit “the registrar of”, and
(c) in section 16 for “a county court”  substitute “the county court”.
80 In section 8 of the Disused Burial Grounds (Amendment) Act 1981—
(a) omit “in whose district the land is situated who”, and
(b) omit the words after “costs of the application”.
81 In the Enterprise Act 2002—
(a) in section 16(6) after “High Court” insert “or the county court”,
(b) in section 215(5)(a) omit  “England and Wales or”,
(c) in section 215(5) before  paragraph (a) insert—
“(za) the High Court or the county court if the person
against whom the order is sought carries on business
or has a place of business in England and Wales;”, and
(d) in paragraph 25(a) of Schedule 4 for “a county court in England and
Wales or” substitute “the county court in England and Wales or the
High Court or a county court in”.
82 In the Estate Agents Act 1979—
(a) in the definition of “court” in section 11A(4) omit “England and
Wales and” and before paragraph (a) insert—
“(za) in England and Wales, the High Court or the county
court;”, and
(b) in paragraph 6(1) of Schedule 4 after “appeal” insert “in England and
Wales to the county court or, in Northern Ireland,”.
83 In section 133(8)(a) of the Financial Services and Markets Act 2000 before “as
if” insert “in England and Wa les, as if it were an order of the county court or,
in Northern Ireland,”.
84 (1) In section 22 of the Friendly Societies Act 1974 after subsection (2) insert—
“(2A) In the application of subsection (2) to England and Wales, for the
words “for the district in which the member resides” there shall be
substituted “if the member re sides in England and Wales”.
(2) In section 80(2)(b) of that Act after “brought” insert “in England and Wales
in the county court or, in Northern Ireland,”.
(3) In section 93(3) of that Act—
(a) for the words from “make an application—” to the end of paragraph
(a) substitute “make an applicatio n to the county court in England
and Wales if the chief or any other place of business of that society or
branch is situated in Englan d and Wales or may make an
application—”, and
(b) for “such application” substitute “application under this subsection”.
85 (1) In section 82(4) of the Friendly Societies Act 1992 after “brought” insert “in
England and Wales in the county court or, in Northern Ireland,”.
(2) In section 119(1) of that Act in the definition of “the court” for “Wales or”
substitute “Wales, the county court;
(aa) in the case of a body whose re gistered office is situated in”.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments160
86 (1) In section 48 of the Government Annuities Act 1929 after subsection (2)
insert—
“(2A) For the purposes of this section,  England and Wales is to be treated
as the district of the county  court in England and Wales.”
(2) In section 61(1) of that Act after “a co unty court” insert “in Northern Ireland
or the county court in England and Wales”.
87 Omit section 59(4) of the Highways Act 1980 and, in consequence, omit
paragraph 8(2) of Schedule 3 to the Administration of Justice Act 1982.
88 In paragraph 6(2) of Schedule 18 to the Housing Act 1985 for “a county court
judge”, and for “the county court judge ”, substitute “a judge of the county
court”.
89 In paragraph 13 of Schedule 13 to the Housing Act 2004 for “such a”
substitute “that”.
90 In the Immigration and Asylum Act 1999—
(a) in section 25(5)(a) after “granted ” insert “in England and Wales by
the county court or in Northern Ireland”,
(b) in section 43(3)(a) after “a county court” insert “in Northern Ireland,
or the county court in England and Wales,”, and
(c) in sections 89(7), 92(1 ) and 112(4) after “a county court” insert “in
Northern Ireland or the county  court in England and Wales”.
91 In section 42(3)(b) of the Industrial an d Provident Societies Act 1965 for “that
county court or” substitute “the county court or that”.
92 In section 25(1) of the Inheritance (Provision for Family and Dependants)
Act 1975 in the definition of “the court”—
(a) for “a county” in both places  substitute “the county”, and
(b) for “22 of this Act” substitute “25 of the County Courts Act 1984”.
93 In the Insolvency Act 1986—
(a) in section 117(2) (county court winding-up jurisdiction)—
(i) for “the amount of a company’s” substitute “in the case of a
company registered in England and Wales the amount of its”,
and
(ii) omit “of the district in whic h the company’s registered office
is situated”,
(b) omit section 117(4) and (6),
(c) in section 197(1)(a) for “a specified” substitute “the”,
(d) in section 373(1) for “county courts” substitute “county court”,
(e) in section 373(3)(a) for “Central London County Court” substitute
“county court”,
(f) in section 373(3)(b ) (jurisdiction in relation to insolvent
individuals)—
(i) for “each” substitute “the”, and
(ii) for “the insolvency district of that court” substitute “any
other insolvency district”,
(g) in section 374(1) for the words from  “of each” to the end substitute “,
or districts, of the county court.”,Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 3 — Further amendments161
(h) in section 399(3) for the words fr om “a county court” to the end
substitute “the county court.”,
(i) in section 399(5)—
(i) for the words from “each” to  “Parts” substitute “the county
court”, and
(ii) for “two or more diffe rent” substitute “both”,
(j) in section 399(6) for “another” substitute “the other”,
(k) for section 413(3)(d) substitute—
“(d) a district judge;”, and
(l) in paragraph 2 of Schedule 9—
(i) omit “or a registrar of a county court having jurisdiction for
the purposes of those Parts”, and
(ii) omit “or, as the case may be, that county court”.
94 In Schedule 1 to the Interpretation Act 1978, in paragraph (a) of the
definition of “County court”, for “a cour t held for a district under” substitute
“the county court established under section A1 of”.
95 In section 26(7)(g) of the Judicial Retirement and Pensions Act 1993 omit “in
the county courts”.
96 In the Juries Act 1974—
(a) in sections 1(1), 2(1) and 12(6) for “county courts” substitute “the
county court”, and
(b) in section 7 for “any county”, an d in sections 17(2) and 23(2) for “a
county”, substitute “the county”.
97 In section 1(6A) of the Land Charges Act 1972 for “county courts” substitute
“county court”.
98 In section 10 of the Landlord and Tenant (Requisitioned Land) Act 1942, and
in section 2(2) of the Landlord and Tenant (Requisitioned Land) Act 1944,
after “exercised” insert “in England and Wales by the county court and in
Northern Ireland”.
99 In paragraph 4 of Schedule 2 to the Leasehold Reform Act 1967—
(a) omit “making the order or another county court”, and
(b) for “county courts” substitute “the county court”.
100 In paragraph 4 of Schedule 14 to the Leasehold Reform, Housing and Urban
Development Act 1993 omit “or another county court”.
101 In section 194(10) of the Legal Services  Act 2007 in the definition of “civil
court” as originally enacted and as subs tituted by section 61 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2007 for “any county”
substitute “the county”.
102 In section 35(3) of the Limitation Ac t 1980 for “any county” substitute “the
county”.
103 In paragraph (a) of the second sentence in section 1(1) of the Litigants in
Person (Costs and Expenses) Act 1975 before “in a county court” insert “in
England and Wales in the county court or in Northern Ireland”.
104 In sections 62(1) and 87(2) of the Local Government Act 1948 omit “for the
county court district in which the property in question is situated”.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments162
105 In the London Building Acts (Amendment) Act 1939 (c. xcvii)—
(a) in section 103(2) for “such court” , in both places, substitute “that
court”, and
(b) in section 107(1) omit “of the district in which the premises are
situate”.
106 In Schedule 1 to the London Lo cal Authorities Act 1996 (c. ix)—
(a) in paragraph 9(1) for “if a co unty” substitute “if the county”,
(b) in paragraph 10(1)(a) for “a coun ty” substitute “the county”, and
(c) in paragraph 10(1)(c) omit  “which made the order”.
107 In section 64(2)(b) of the London Loca l Authorities Act 2007 (c. ii) for “if a
county” substitute  “if the county”.
108 In paragraph 7 of Schedule 1 to the London Local Authorities and Transport
for London Act 2003 (c. iii) until its repeal by the Traffic Management Act
2004 is fully in force—
(a) in sub-paragraph (1)(c) omit  “which made the order”,
(b) in sub-paragraph (5) for “a dist rict judge” substitute “the county
court”,
(c) in sub-paragraphs (6), (7) and (8)(d) for “distric t judge” substitute
“county court”, and
(d) in sub-paragraph (7) for “h e” substitute “the court”.
109 In section 25 of the London Overground Wires &c. Act 1933 (c. xliv) for “any
county court having otherwise jurisdic tion in the matter” substitute “the
county court”.
110 In paragraph 8(3) of Schedule 3B to the Medical Act 1983 after “made” insert
“in England and Wales to the county  court or, in Northern Ireland,”.
111 In paragraph 28 of Schedule 3 to the Medicines Act 1968 after sub-paragraph
(2) insert—
“(2A) For the purposes of this paragraph, England and Wales is to be
treated as the district of the co unty court in England and Wales.”
112 In section 31 of the Mental Health Act 1983 for “County court rules”
substitute “rules of court”.
113 In section 5(1) of the Mobile Homes Act 1983, in paragraph (a) of the
definition of “the court”, omit “for th e district in which the protected site is
situated”.
114 In section 73 of the Offices, Shops and Railway Premises Act 1963—
(a) in subsections (1) and (2) for “coun ty court within whose jurisdiction
the premises are situate” substitute “court”, and
(b) for subsection (3) substitute—
“(3) In subsections (1) and (2) “the court”, in relation to any
premises, means—
(a) the county court if the premises are in England and
Wales, or
(b) if the premises are in Scotland, the sheriff within
whose jurisdiction the premises are situate.”Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 3 — Further amendments163
115 In section 4(2) of the Open Spaces Ac t 1906 after “shall” insert “in England
and Wales be either the High Court or  the county court and, in Northern
Ireland, shall”.
116 In sections 10(7), 29(4) and 29A(1) of the Osteopaths Act 1993—
(a) after “may appeal” insert “in En gland and Wales to the county court
or in Northern  Ireland”, and
(b) before “the sheriff” insert “to”.
117 In paragraphs 4(4) and 12(4) of Schedule 4 to the Parliamentary Standards
Act 2009 for “a county court” substitute “the county court in England and
Wales or a county court in Northern Ireland”.
118 In section 23(2) of the Partnership Act 1890 for “or a county court,” substitute
“or the county court in England and Wales or a county court in Northern
Ireland,”.
119 In section 152 of the Pension Schemes Act 1993—
(a) in subsection (1)(a) fo r “county courts” substitute “the county court”,
and
(b) in subsection (2) for “the county court rules”  substitute “rules of
court”.
120 In paragraph 11(2) of Schedule 3 to the Plant Varieties Act 1997 for “the
county court rules” substi tute “rules of court”.
121 In the Political Parties, Elec tions and Referendums Act 2000—
(a) in section 48(12)(a) for “or” substitute “means the county court and,
in”,
(b) in sections 77(4), 92(4) and 115(4) after “may apply” insert “in
England and Wales to the High Court or th e county court or, in
Northern Ireland,”,
(c) in sections 77(12) and 92(8) for the words after “In” substitute “its
application to Gibraltar, subsection (4) has effect as if for the words
between “apply” and “leave” there we re substituted “to the Gibraltar
court for”.”, and
(d) in paragraphs 2(7), 6(7), 9(4) and 13(3) of Schedule 19C after “is to”
insert “(in England and Wales) the county court or (in Northern
Ireland)”.
122 Omit section 9(2) of the Protection  from Eviction Act 1977 (exercise of
jurisdiction by district judges).
123 In section 9(5) of the Protection of Children Act 1999 after “imposed” insert
“in England and Wales by the county  court or in Northern Ireland”.
124 In section 32(10) of the Public Audit (Wales) Act 2004 for “courts” substitute
“court”.
125 In paragraph 6(2)(a) of Schedule A1  to the Regulation of Investigatory
Powers Act 2000 for “a county court” su bstitute “the county court in England
and Wales or a county court in Northern Ireland”.
126 In section 104(1) of the Road Traffic Act 1988 (conduct of proceedings)—
(a) for “before the registrar of a” substitute “the”, and
(b) after “may” insert “, except in the county court if rules of court
provide otherwise,”.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments164
127 In section 113(3) of the Settled Land Act 1925 for “any county” substitute “the
county”.
128 In paragraph 9(3)(a) of Schedule 5 to the Social Security Act 1989 for “such
a” substitute “that”.
129 In paragraph 3(1) of Schedule 4 to the Social Security Contributions
(Transfer of Functions, etc.) Act 1999 after “proceedings” insert “in England
and Wales in the county cour t or in Northern Ireland”.
130 In the Solicitors Act 1974—
(a) in section 61(6) for “any co unty” substitute “the county”,
(b) in section 68(2) for “that county” substitute “the county”, and
(c) in section 69(3) for “any county  court in which any part of the
business was done” substitu te “the county court”.
131 In section 61(3)(a) of the Taxation of  Chargeable Gains Act 1992 for “county
courts” substitute “the county court”.
132 In section 66(1) of the Taxes Management Act 1970 after “proceedings” insert
“in England and Wales in the county court or in Northern Ireland”.
133 In the Torts (Interference with Goods) Act 1977—
(a) in section 4(4)—
(i) for “under section”, in the firs t place, substitute “for the High
Court in England and Wales”,
(ii) omit “84 of the Senior  Courts Act 1981”, and
(iii) omit “99 of the Supreme Cour t of Judicature (Consolidation)
Act 1925”,
(b) in section 4(5)—
(i) after “in relation to county courts” insert “in Northern
Ireland”,
(ii) after “High Court” insert “in Northern Ireland”, and
(iii) omit “84”, “99”, “of the said Act of”, “1981”, “1925”, “section
or” and “section 75 of the County Courts Act 1984 or”,
(c) in section 4 after subsection (5) insert—
“(6) Subsections (1) to (4) have e ffect in relation to the county
court in England and Wales as th ey have effect in relation to
the High Court in England and Wales.”,
(d) in section 9(3) and (4) after “brought” insert “in England and Wales
in the county court or in Northern Ireland”,
(e) in section 9(3)—
(i) before “county court rules” in sert “rules of court or”, and
(ii) for “same county” substitute “same”, and
(f) in section 13(3) for the words from the beginning to “if” substitute “In
this section “the court”, in relati on to England and Wales, means the
High Court or the county court and, in relation to Northern Ireland,
means the High Court or a county court, save that a county court in
Northern Ireland has jurisdiction  in the proceedings only if”.
134 In section 75(1) of the Trade Marks Act 1994 for “or a county court having”
substitute “, or the county court where it has”.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single  county court in England and Wales
Part 3 — Further amendments165
135 In section 82(2)(b) of the Traffic Management Act 2004 for “if a county”
substitute “if the county”.
136 In the Tribunals, Courts and Enforcement Act 2007—
(a) in section 121(8) for paragr aphs (a) and (b) substitute—
“(aa) in relation to an administration order or an
enforcement restriction order:  the county court;”, and
(b) omit sections 123(6) and 131(2) , and paragraph 79(2)(b) of Schedule
13.
137 In section 67(2) of the Trustee Act 1925 for “county courts” substitute “the
county court”.
138 In section 11(1)(a) of the UK Borders Act 2007 for “a county court, in England
and Wales or” substitute “the county court in England and Wales or a county
court in”.
139 In section 5CE(5)(a) of the Veterinary Surgeons Act 1966 for “a county court”
substitute “the county court in England and Wales or a county court in
Northern Ireland”.
140 In paragraph 11(1) of Schedule 15 to the Water Resources Act 1991 omit “for
the area in which the land or any part of it is situated”.
PART 4
CONSEQUENTIAL  REPEALS
141 The provisions specified in the Table are repealed to the extent shown.
Reference Extent of repeal
Literary and Scientific
Institutions Act 1854 (c. 112)In section 30, “the judge of” and “aforesaid”.
Hovercraft Act 1968 (c. 59) In section 2(1), “27 to 29,”.
Senior Courts Act 1981 (c. 54) In Sc hedule 5, the entry for the Torts
(Interference with Goods) Act 1977.
County Courts Act 1984 (c. 28) In Schedule 2, paragraph 64.
Administration of Justice Act
1985 (c. 61)Section 51(1).
In Schedule 7, paragraph 7(b).
Courts and Legal Services Act
1990 (c. 41)Section 74(4) and (5).
In Schedule 18, in paragraph 49(3), “27(6),”.
Merchant Shipping (Salvage
and Pollution) Act 1994
(c. 28)In Schedule 2, paragraph 7.
Merchant Shipping Act 1995
(c. 21)In Schedule 13, paragraph 7(2) and (4).
Civil Procedure Act 1997 (c. 12) In Schedule 2, paragraph 2(4).
Constitutional Reform Act 2005
(c. 4)In Schedule 4, paragraphs 161, 162(2), 163, 166,
200 and 201.
Tribunals, Courts and
Enforcement Act 2007 (c. 15)In Schedule 11, paragraph 6.Crime and Courts Act 2013 (c. 22)
Schedule 9 — Single county court in England and Wales
Part 4 — Consequential repeals166
SCHEDULE 10 Section 17
THE FAMILY  COURT
PART 1
ESTABLISHMENT  OF THE FAMILY  COURT
1 In the Matrimonial and Family Proc eedings Act 1984 after section 31A
(which is inserted by sectio n 17 of this Act) insert—
“31B Sittings
(1) Sittings of the family court may be held, and any other business of
the family court may be conducte d, at any place in England and
Wales.
(2) Sittings of the family court at  any place may be continuous or
intermittent or occasional.
(3) Sittings of the family court may be  held simultaneously to take any
number of different cases in the sa me place or different places, and
the court may adjourn cases from  place to place at any time.
(4) The places at which the family court sits, and the days and times at
which it sits in any place, are to be determined in accordance with
directions given by the Lord Chancellor after consulting the Lord
Chief Justice.
(5) The Lord Chief Justice may nomina te a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise functions of the Lord Chief Justice under this section.
31C Judges
(1) A person is a judge of th e family court if the person—
(a) is the Lord Chief Justice,
(b) is the Master of the Rolls,
(c) is the President of the Queen’s Bench Division,
(d) is the President of the Family Division,
(e) is the Chancellor of the High Court,
(f) is an ordinary judge of the Co urt of Appeal (including the
vice-president, if any, of eith er division of that court),
(g) is the Senior Pres ident of Tribunals,
(h) is a puisne judge of the High Court,
(i) is a deputy judge of the High Court,Legal Services Act 2007 (c. 29) In Schedule 16, paragraph 69(a).
Access to Justice Act 1999
(Destination of Appeals)
(Family Proceedings) Order
2009 (S.I. 2009/871)Article 9(1) and (2).Reference Extent of repealCrime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 1 — Establishment of the family court167
(j) is a Circuit judge,
(k) is the Judge Advocate General,
(l) is a Recorder,
(m) holds an office listed—
(i) in the first column of the ta ble in section 89(3C) of the
Senior Courts Act 1981 (s enior High Court Masters
etc), or
(ii) in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc),
(n) is a district judge (which, by virtue of section 8(1C) of the
County Courts Act 1984, here in cludes a deputy district judge
appointed under section 8 of that Act),
(o) is a deputy district judge a ppointed under section 102 of the
Senior Courts Act 1981,
(p) is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,
(q) is a judge of the Upper Tribun al by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,
(r) is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),
(s) is a deputy judge of the U pper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),
(t) is a judge of the First-tier Tr ibunal by virtue of appointment
under paragraph 1(1) of Schedule 2 to that Act,
(u) is a transferred-in judge of th e First-tier Tribunal (see section
31(2) of that Act),
(v) is a member of a panel of Employment Judges established for
England and Wales or for Scotland,
(w) is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1 951 (assistants to the Judge
Advocate General),
(x) is a District Judge (Magistrates’ Courts), or
(y) is a justice of the peace who is not a District Judge
(Magistrates’ Courts),
but see also section 9 of the Senior Courts Act 1981 (certain ex-judges
may act as judges of the family court).
(2) A decision of the fa mily court, if made by or by persons who
include—
(a) a judge within subs ection (1)(a) to (i),
(b) a person who has been a judge of the Court of Appeal, or
(c) a person who has been a pu isne judge of the High Court,
is (so far as relevant) to be fo llowed by a judge within subsection
(1)(j) to (y), and by a ju stices’ clerk or an assistant to a justices’ clerk,
when carrying out functions of the family court unless doing so with
a person within paragraphs (a ) to (c) of this subsection.
(3) A fee-paid, or unsalaried, part-tim e judge of the family court may not
act as a judge of the court in relati on to any proceedings in the court
in which the judge, or a partner or  employer of the judge, or a bodyCrime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 1 — Establishment of the family court168
of which the judge is a member or officer, or a body of whose
governing body the judge is a memb er, is directly or indirectly
engaged as legal representati ve or agent for any party.
(4) In this section “legal representa tive” means a person who, for the
purposes of the Legal Services Act 2007, is an authorised person in
relation to an activity which cons titutes the exercise of a right of
audience or the conduct of litigation (within the meaning of that
Act).
31D Composition of the court an d distribution of its business
(1) Rules may be made in  accordance with Part 1 of Schedule 1 to the
Constitutional Reform Act 2005 (process for making designated
rules) about—
(a) the composition of the family court, and
(b) the distribution of business of the family court among judges
of the court.
(2) Rules about the composition of th e family court may in particular—
(a) provide for the court to be constituted differently for the
purpose of deciding  different matters;
(b) make provision about who is to preside where the court is
composed of more than one judge.
(3) Rules about the distribution of business of the family court may in
particular—
(a) prohibit specified judges from conducting specified business;
(b) prohibit judges from conducting specified business unless
authorised to do so by a spec ified judicial office holder;
(c) prohibit specified judges fr om conducting business, or
specified business, unless author ised to do so by a specified
judicial office holder;
(d) prohibit specified judges from  exercising specified powers of
the court.
(4) In subsection (3)—
“judge” does not include a judge within section 31C(1)(a) to (i);
“specified” means specified in, or of a description specified in,
rules under this section.
(5) Rules under this section—
(a) may confer powers on the Lord Chief Justice or on a judicial
office holder;
( b ) m a y  b e  m a d e  o n l y  a f t e r  consultation with the Family
Procedure Rule Committee.
(6) Family Procedure Rules are subj ect to rules under this section.
(7) The Lord Chief Justice’s power under paragraph 2(2)(b) of Schedule
1 to the Constitutional Reform Act 2005 to nominate a judicial office
holder to make rules under this section includes power to nominate
different judicial office holders to  make rules under this section for
different purposes.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 1 — Establishment of the family court169
(8) Paragraph 5 of that Schedule (duty to make rules to achieve purpose
specified by Lord Chancellor) does  not apply in relation to rules
under this section.
(9) In this section “judicial office  holder” has the meaning given by
section 109(4) of that Act.
(10) No proceedings in the family  court are to be with a jury.
31E Family court has High Court and county court powers
(1) In any proceedings in the family  court, the court may make any
order—
(a) which could be made by th e High Court if the proceedings
were in the High Court, or
(b) which could be made by the county court if the proceedings
were in the county court.
(2) In its application to a power of th e High Court to i ssue a writ directed
to an enforcement officer, subsec tion (1)(a) gives the family court
power to issue a warrant, directed to an officer of the family court,
containing provision corresponding to any that might be contained
in the writ.
(3) Subsection (1) is subject to sect ion 38(3) of the County Courts Act
1984.
(4) Subsection (1) is without prejudic e to, and not limited by, any other
powers of the family court.
(5) The Lord Chancellor may by regula tions make provision, about or in
connection with the effect or execution of warrants issued by the
family court for enforc ing any order or judgment enforceable by the
court, that corresponds to any prov ision applying in relation to the
effect or execution of writs issued by the High Court, or warrants
issued by the county court, for th e purpose of enforcing any order or
judgment enforceable by that court.
31F Proceedings and decisions
(1) The family court may adjourn a hearing, and may do so at any time
including a time before the hearing has begun.
(2) Any order made by  the family court—
(a) may be absolute or conditional;
(b) may be final or interim;
(c) may, subject to rules of court, be made without taking
evidence.
(3) Every judgment and order of the fa mily court is, ex cept as provided
by t his o r any  other Act or by  rules of court,  final and  conclusive
between the parties.
(4) Where the family co urt has power to require the doing of anything
other than the payment of money,  or to prohibit the doing of
anything, an order of the court ma de in exercising the power may
contain provision—
(a) as to the manner in which anything is to be done,Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 1 — Establishment of the family court170
(b) as to the time within whic h anything is to be done,
(c) as to the time during which anything is not to be done, and
(d) generally for giving  effect to the order.
(5) Where the family court has power to require the payment of money,
an order of the court made in exercising the power may allow time
for payment or order payment by instalments; and where the court
has ordered payment by instalment s and default is made in the
payment of any one instalment, proc eedings may be taken as if the
default had been made in the pa yment of all the instalments then
unpaid.
(6) The family court has power to vary, suspend, rescind or revive any
order made by it, including— 
(a) power to rescind an order and re-list the application on
which it was made,
(b) power to replace an order which for any reason appears to be
invalid by another which the court has power to make, and
( c ) p o w e r  t o  v a r y  a n  o r d e r  w i t h  e f f e c t  f r o m  w h e n  i t  w a s
originally made.
(7) Subject to rules of court, the fa mily court may proceed in the absence
of one, some or all of the parties.
(8) The family court has the same power to enforce an undertaking
given by a solicitor in relation to any proceedings in that court as the
High Court has to enforce an undertaking given by a solicitor in
relation to any proceedings in the High Court.
(9) In any case not expressly provided for by or in pursuance of this or
any other Act, the general principles  of practice in the High Court
may be adopted and applied to pr oceedings in th e family court.
31G Witnesses and evidence
(1) Subsection (2) applies where the family court is satisfied that a
person in England and Wales is lik ely to be able to give material
evidence, or produce any document  or thing likely to be material
evidence, in proceedings in the court.
(2) The court may, if it is satisfied that  it is in the interests of justice to do
so, issue a summons—
(a) requiring the person to attend before the court, at the time
and place specified in the summons, to give evidence,
(b) requiring the person to attend before the court, at the time
and place specified in the summons, to produce the
document or thing, or
(c) requiring the person to produc e the document or thing to the
court.
(3) Subsection (4) applies wh ere without just excuse—
( a ) a  p e r s o n  f a i l s  t o  a t t e n d  b e f o r e  t h e  c o u r t  i n  a n s w e r  t o  a
summons under subsec tion (2)(a) or (b),
(b) a person fails to produce a do cument or thing in answer to a
summons under subsecti on (2)(b) or (c), orCrime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 1 — Establishment of the family court171
(c) a person attending before the court, whether or not in answer
to a summons under subsection (2), refuses to be sworn or
give evidence.
(4) The court may—
(a) commit the person to custody un til the expiry of a period not
exceeding one month specified by the court or until the
person sooner gives evidence or produces the document or
thing, or
(b) impose on the person a fi ne not exceeding £2,500, or
(c) both.
(5) A fine imposed under subsection (4) is deemed, for the purposes of
any enactment, to be a sum adjudged to be paid by a conviction of a
magistrates’ court.
(6) Where in any proceedi ngs in the family court it appears to the court
that any party to the proceedings who is not legally represented is
unable to examine or cross-examine a witness effectively, the court is
to—
(a) ascertain from that party th e matters about which the witness
may be able to depose or on which the witness ought to be
cross-examined, and
(b) put, or cause to be put, to the witness such questions in the
interests of that party as may appear to the court to be proper.
(7) Subject to the provisions of any Act or instrument made under an Act
or rule of law authorising the reception of unsworn evidence,
evidence given before the family court is to be given on oath.
(8) An affidavit to be used in the family court may be sworn before—
(a) a judge of the court, or
(b) an officer of the court appoin ted by a judge of the court for
the purpose,
as well as before a commissioner  for oaths or any other person
authorised to take af fidavits under the Co mmissioners for Oaths
Acts 1889 and 1891.
(9) An affidavit sworn before any su ch judge or officer may be sworn
without the payment of any fee.
31H Contempt of court: power to limit court’s powers
(1) The Lord Chancellor may by regu lations made after consulting the
Lord Chief Justice make provis ion limiting or removing, in
circumstances specified in the regulations, any of the powers
exercisable by the family court when dealing with a person for
contempt of court.
(2) The Lord Chief Justice may nomina te a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise functions of the Lord Chief Justice under this section.
31I Powers of the High Court in re spect of family court proceedings
(1) If the High Court, at any stage in proceedings in the family court,
thinks it desirable that the procee dings, or any part  of them, shouldCrime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 1 — Establishment of the family court172
be transferred to the High Court, it may order the transfer to the
High Court of the proceedings or part.
(2) The power given by subsection (1) is without prejudice to section 29
of the Senior Courts Act 1981, and is to be exercised—
(a) in accordance with any directio ns given as to the distribution
or transfer of proceedings, and
(b) subject to any provision made  under section 1 of the Courts
and Legal Services Act 1990 or  made by or under any other
enactment.
31J Overview of certain powers of the court under other Acts
The powers of the family court include its powers under—
(a) section 33 of the Senior Cour ts Act 1981 (pow ers exercisable
before commencement of action);
(b) section 34 of that Act (power to order disclosure or inspection
of documents or property of non-party);
(c) section 37 of that Act (power to grant injunction or appoint
receiver);
(d) section 39 of that Act (power to order documents to be
executed or indorsed by nominated person);
(e) section 70(1) and (2) of that Act (assessors);
(f) section 57 of the County Courts Act 1984 (evidence of
prisoners);
(g) section 71 of that Act (powers as to payment of costs).
31K Appeals
(1) Subject to any order ma de under section 56(1) of  the Access to Justice
Act 1999 (power to provide for appeals to be made instead to the
High Court or county court, or to the family court itself), if any party
to any proceedings in the family court is dissatis fied with the
decision of the court, that party may appeal from it to the Court of
Appeal in such manner and subject to such conditions as may be
provided by Family Procedure Rules.
(2) Subsection (1) does not—
(a) confer any right of appeal fr om any decision where a right of
appeal is conferred by some other enactment, or
(b) take away any right of appeal from any decision where a
right of appeal is so conferred,
and has effect subject to any enac tment other than this Part; and in
this subsection “enactment” means  an enactment whenever passed.
(3) The Lord Chancellor may, after co nsulting the Lord Chief Justice, by
order make provision as to the circumstances in which appeals may
be made against decisions taken by courts  or judges on questions
arising in connection with the tr ansfer, or proposed transfer, of
proceedings from or to the family court.
(4) Except to the extent provided for in any order made under
subsection (3), no appe al may be made against any decision of a kind
mentioned in th at subsection.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 1 — Establishment of the family court173
(5) At the hearing of any proceedings in the family court in which there
is a right of appeal or from wh ich an appeal may be brought with
permission, the judge, if requested to do so by any party, is to make
a note—
(a) of any question of law raised at the hearing,
(b) of the facts in evidence in re lation to any su ch question, and
(c) of the court’s decision on any such question and of the court’s
determination of the proceedings.
(6) Where such a note is made, and whether or not an appeal has been
made, the court—
(a) on the application of any party to the proceedings, and
(b) on payment of the fee (if any) prescribed under section 92 of
the Courts Act 2003,
is to provide that party with a copy of the note signed by the judge,
and the copy so signed is to be used at the hearing of any appeal.
(7) Section 81 of the County Courts Act 1984 (powers of Court of Appeal
on appeal from county court) a pplies to appeals from the family
court to the Court of Appeal as it  applies to appeals from the county
court to the Court of Appeal.
(8) The Lord Chief Justice may nomina te a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise functions of the Lord Ch ief Justice under subsection (3).
31L Enforcement
(1) Payment of a fine or penalty imposed by the family court may be
enforced upon the order of the court in like manner as a judgment of
the court for the payment of money.
(2) Rules of court may, in relation  to cases where under two or more
orders made by or registered in the family court the same person is
required to make periodical paym ents to the same recipient, make
provision—
(a) for recovery of payments un der more than one of the orders
to be dealt with in the same proceedings;
(b) for apportioning, between some or all of the orders,
payments made by the person  required to make payments
under the orders.
(3) Subsection (4) applies where—
(a) periodical payments are requir ed to be made, or a lump sum
is required to be paid, to a ch ild under an order made by the
family court, or
(b) periodical payments are required to be made to a child under
an order registered in the family court.
(4) Any sum required under the orde r to be paid to the child may be
paid to the person who looks afte r the child, and that person may
proceed in that person’s own name for—
(a) the variation, revival or revocation of the order, or
(b) the recovery of any sum requir ed to be paid under the order.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 1 — Establishment of the family court174
(5) Where a child has a right under any Act or instrument made under
an Act to apply for the revival of an order made by the family court
which provided for the making of pe riodical payments to or for the
benefit of the child, the person wh o looks after the child may proceed
in the person’s own name fo r the revival of the order.
(6) Where any person by whom period ical payments are required to be
paid to a child under an order made  by or registered in the family
court applies for the variation or re vocation of the order, the person
who looks after the child may answer  the application in the person’s
own name.
(7) Nothing in subsections (4) and (5) affects any right of a child to
proceed in the child’s own name  for the variation, revival or
revocation of an order or for the recovery of a sum payable under an
order.
(8) In this section—
(a) a reference to the person who looks after a child is—
(i) in the case of a child who is being looked after by a
local authority (w ithin the meaning of section 22 of
the Children Act 1989), a reference to that local
authority, and
(ii) in any other case, a re ference to the person who,
disregarding any absence of the child at a hospital or
boarding school and any other temporary absence,
has care of the child;
(b) “child” means a person under the age of 18;
(c) a reference to an order registered in the family court is a
reference to an order registered in the court under the
Maintenance Orders (Facilities for Enforcement) Act 1920,
Part 2 of the Maintenance Orders Act 1950, Part 1 of the
Maintenance Orders Act 1958, the Maintenance Orders
(Reciprocal Enforcement) Act 1972 or Part 1 of the Civil
Jurisdiction and Ju dgments Act 1982.
31M Records of proceedings
(1) The Lord Chancellor may by re gulations provide for the keeping of
records of and in relation to proceedings of the family court.
(2) Any entry in a book or other document required to be kept by
regulations under subsec t i o n  ( 1 ) ,  o r  a  c o p y  o f  a n y  s u c h  e n t r y  o r
document purporting to be signed and certified as a true copy by a
judge of the family court, is at all times without fu rther proof to be
admitted in any court or place as evidence of the entry and of the
proceeding referred to by it and of the regularity of that proceeding.
(3) The Lord Chancellor must cons ult the Lord Chief Justice before
making regulations under this section.
(4) The Lord Chief Justice may nomina te a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise functions of the Lord Chief Justice under this section.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 1 — Establishment of the family court175
31N Summonses and other documents
(1) Where any summons or other process issued from the family court is
served by an officer of the court,  the service may be proved by a
certificate in a prescribed form showing the fact and mode of the
service.
(2) Section 133(2) of the County Courts Act 1984 (offence and
punishment) applies in relation to  any officer of the family court
wilfully and corruptly giving a fals e certificate under subsection (1)
as it applies in relation to any offi cer of the county court wilfully and
corruptly giving a false certificate under section 133(1) of that Act.
(3) Sections 135 and 136 of that Act (offences of pretending to have
court’s authority etc) apply in rela tion to the family court as they
apply in relation to the county court.
31O Justices’ clerks and assistants: functions
(1) The Lord Chancellor may by rules made with the agreement of the
Lord Chief Justice and after consulting the Family Procedure Rule
Committee—
(a) make provision enabling function s of the family court, or of a
judge of the court, to be carried out by a justices’ clerk;
(b) make provision enabling functions of a justices’ clerk given
under paragraph (a), or specif ied in subsection (2), to be
carried out by an assistant to a justices’ clerk.
(2) The functions of a justices’ clerk include—
(a) giving advice to lay judges of  the family court about matters
of law (including procedure and practice) on questions
arising in connection with the discharge by them of functions
conferred on them or the cour t, including questions arising
when the clerk is not person ally attending on them, and
(b) power, at any time when the clerk thinks that the clerk should
do so, to bring to the attention of lay judges of the family
court any point of law (inclu ding procedure and practice)
that is or may be involved in any question so arising;
and in this subsection “lay judge of the family court” means a judge
of the court who is within section 31C(1)(y).
(3) Subsection (2) does not limit—
(a) the functions of a justices’ clerk, or
(b) the matters on which any ju dge of the family court may
obtain assistance from a justices’ clerk.
(4) A justices’ clerk is not subject to the direction of the Lord Chancellor
or any other person when carrying out—
(a) a function of the family court or of a judge of the court, or
(b) a function specified in subsection (2);
and an assistant to a justices’ clerk when carrying out any such
function is not subject to the direction of any person other than a
justices’ clerk.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 1 — Establishment of the family court176
(5) No action lies against a person in respect of anything done or not
done in carrying out functions of th e family court or of a judge of the
court—
(a) in execution of the person’s duties as a justices’ clerk or an
assistant to a justices’ clerk, and
(b) in relation to matters with in the person’s jurisdiction.
(6) An action lies against a person in respect of anything done or not
done in carrying out functions of th e family court or of a judge of the
court—
(a) in purported execution of the person’s duties as a justices’
clerk or an assistant to a justices’ clerk, and
(b) in relation to a matter not wi thin the person’s jurisdiction,
if, but only if, it is proved t hat the person acted in bad faith.
(7) If an action is brough t in circumstances in whic h subsection (5) or (6)
provides that no action lies, the court in which the action is
brought—
(a) may, on the application of the defendant, strike out the
proceedings in the action, and
(b) if it does so, may if it thinks  fit order the pers on bringing the
action to pay costs.
(8) The Lord Chief Justice may nomina te a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise functions of the Lord Chief Justice under this section.
31P Orders, regulations and rules under Part 4A
(1) Any power of the Lord Chancellor to make an order, regulations or
rules under this Part—
(a) is exercisable by statutory instrument,
(b) includes power to make di fferent provision for different
purposes, and
(c) includes power to make supplementary, incidental,
consequential, transitional, transitory or saving provision.
(2) The Lord Chancellor may not ma ke the first rules under section
31O(1) unless a draft of the statutory instrument containing the rules
(whether alone or with other prov isions) has been laid before, and
approved by a resolution of , each House of Parliament.
(3) A statutory instrument that—
(a) contains an order, regulation s or rules made under this Part
by the Lord Chancellor other than regulations under section
31M, and
(b) is not subject to any requirement that a draft of the
instrument be laid before, and approved by a resolution of,
each House of Parliament,
is subject to annulment in pursuance of a resolution of either House
of Parliament.”Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments177
PART 2
THE FAMILY  COURT : FURTHER  AMENDMENTS
Debtors Act 1869 (c. 62)
2 (1) In proviso (1) to section 5 of the Debtors Act 1869—
(a) for the words from “any court ot her than” to “is to say,” substitute
“the county court—”, and
(b) omit paragraph (c).
(2) In that section—
(a) for “superior courts may” substi tute “High Court or family court
may”,
(b) for “by a superior court”, and for “by any superior court”, substitute
“by the High Court or family court”, and
(c) at the end insert—
   “Section 31E(1)(b) of the Matrimonial and Family
Proceedings Act 1984 (family court has county court’s
powers) does not apply in rela tion to the powers given by
this section to the county court.”
Maintenance Orders Act 1958 (c. 39)
3 The Maintenance Orders Act 1958 is amended as follows, but sections 2(1) to
(5), 2A and 5(2) to (4) of that Act as  applied by section 36(3) of the Civil
Jurisdiction and Judgments Act 1982 (r e-registration in different Northern
Ireland court of orders made in England and Wales or Scotland and
registered in a Northern Ireland cour t) have effect without the amendments
made in them by this Schedule.
4 (1) Section 1 (application of Part 1) is amended as follows.
(2) In subsection (1) (purpose of Part 1)  for the words from “to be registered” to
the end substitute “to be re gistered in the family co urt and, subject to those
provisions, while so registered to be enforced in like manner as an order
made by the family court and to be varied by that court.”
(3) In subsection (2) (registered orders deemed to be made by court in which
registered) for each of “England” and “t he court in England in which it is so
registered” substitute “the High Court”.
(4) In subsection (2A) (order s to which Part applies)—
(a) in paragraph (a) omit “or a county court or a magistrates’ court”, and
(b) in paragraph (b) for “England” substitute “the High Court”.
(5) In subsection (3) for the definition  of “High Court order”, “county court
order” and “magistrates’ court order” substitute—
““High Court order” means an order made by the High Court;”.
(6) Omit subsections (4) to (6) (reg istration in magistrates’ courts).
5 (1) Section 2 (registration of orders) is amended as follows.
(2) In subsection (1) for “or county court order may apply for re gistration of the
order to the original court, and the cour t” substitute “order  may apply to theCrime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments178
High Court for registration of the orde r in the family court, and the High
Court”.
(3) In subsection (2) (o riginal court to send certified copy of order if satisfied no
enforcement steps being taken)—
(a) for “original court”, in both places, substitute “High Court”, and
(b) in paragraph (b) for the words from “sent” to “appears to be”
substitute “sent to the family court”.
(4) Omit subsections (3) to (4) and (6) (reg istration of a magistrates’ court order).
(5) In subsection (5) (order to be regi stered on receipt of certified copy)—
(a) for “The officer of, or for, a cour t” substitute “An officer of the family
court”, and
(b) for “him” substitute “the court”.
(6) In subsection (6ZA) (registration of  High Court or county court order)—
(a) in the words before paragraph (a)—
(i) omit “or county court”, and
(ii) for “a magistrates’” subs titute “the family”, and
(b) omit paragraph (b) and th e word “and” preceding it.
(7) Omit subsection (6 ZB) (variation or revocation of orders registered in a
magistrates’ court).
(8) In subsection (6ZC)—
(a) omit “or any order under subsection  (6ZA)(b) of this section”, and
(b) for “the designated officer for a magistrates’ court” substitute “the
family court”.
(9) In subsection (6A) omit the definition  of “magistrates’ court order” and the
“and” preceding the definition.
6 In section 2A (interest on registered orders)—
(a) omit subsections (1) to (4 ) (magistrates’ court orders),
(b) in subsection (5) (r egistered orders do not carry interest) omit
“Except as provided by this section”, and
(c) for the title substitute “No interest on sums recoverable under
registered orders”.
7 In section 3 (enforcement of registered  orders) omit subsections (2) to (2B)
and (3A) (orders registered  in magistrates’ courts).
8 ( 1 ) S e c t i o n  4  ( v a r i a t i o n  e t c  o f  o r d e r s  r e g i s t e r e d  i n  a  m a g i s t r a t e s ’  c o u r t )  i s
amended as follows.
(2) In subsection (1) (orders in relation to which section 4 applies) for “orders
registered in magistrates’ courts” substitute “High Court orders registered
in the family court”.
(3) In subsection (2)(a) (c ourt of registration ma y vary rate of payments
specified by order)—
(a) for “court of registration” substitute “family court”, and
(b) for “original court” substitute “High Court”.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments179
(4) In subsection (2)(b) (gener al rule that variation of rate of payments specified
by registered order is to be by court of registration) for the words from
“court of registration” to the end substitute “family court.”
(5) Omit subsections (2A) to  (2C), (5A), (5B) and (7).
(6) In subsection (4) (power of court of  registration to remit application for
variation of rate of payments to original court)—
(a) omit “it appears to the court to which”,
(b) after “registered order” insert “a nd it appears to the family court”,
(c) for “original court”, in both places, substitute “High Court”, and
(d) for “first-mentioned court”  substitute “family court”.
(7) In subsection (5) (other circumst ances in which original court has
jurisdiction to vary rate of payments ) for “original court” substitute “High
Court”.
(8) In subsection (6A) (with the except ion of power to make provision as to
means of payment, magistrates’ courts in England and Wales have no power
to vary certain orders made by Court of Session or by High Court in
Northern Ireland)—
(a) for the words before “variation” substitute “Altho ugh such an order
as is mentioned in this subsection may be varied under section 1 of
the Maintenance Enforcement Act 1991 as applied by section 4A(2)
of this Act, no application for any other”,
(b) for “any court” substitute “the family court”,
(c) for “that court” substitute “the family court”, and
(d) for “section 1(2)” substitu te “sections 1(2) and 2(6A)”.
(9) In subsection (6B) (no application to be made to a magistrates’ court for
variation of certain orders) for “any court” substitute “the family court”.
9 (1) Section 4A (variation etc of orders registered in High Court) is amended as
follows.
(2) Omit subsection (1) (order s to which section applies).
(3) In subsection (2), and in the title, fo r “High Court”, in each place, substitute
“family court”.
(4) In subsection (2) omit paragraph (a ) (including the “and” at the end).
10 (1) Section 5 (cancellation of registration) is amended as follows.
(2) In subsection (2) for “a magistrates’ court” substitute “the family court”.
(3) Omit subsection (3) (orders registered in High Court).
(4) In subsection (4)(c)(ii) for “a magistrates’ court”, in both places, substitute
“the family court”.
(5) In subsection (5)—
(a) in the words before paragraph (a),  and in the words after paragraph
(b), omit “or county court”, and
(b) for paragraphs (a ) and (b) substitute—
“(a) any order which requires  payments under the order
i n  q u e s t i o n  t o  b e  m a d e  b y  a n y  m e t h o d  o f  p a y m e n t
falling within section 1(5) of the MaintenanceCrime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments180
Enforcement Act 1991 (standing order, etc), other
than an order which requires payments to be made to
the family court, is to co ntinue to have effect, and
(b) any order which requires  payments under the order
in question to be made to the family court (whether or
not by any method of paym ent falling within section
1(5) of the Maintenance Enforcement Act 1991) is to
cease to have effect;”.
(6) Omit subsection (6) (registration of a magistrates’ court order).
(7) In subsection (7)—
(a) for “subsections (5) and (6)” substitute “subsection (5)”, and
(b) omit “and “magistrates’ court order””.
11 Section 18 (powers of magistrates to review committals etc) is repealed.
12 (1) Section 20 (registration, variation and arrears) is amended as follows.
(2) Omit subsection s (1) and (2) (magistrates’ courts: applications for
registration, revocation or va riation of maintenance orders).
(3) In subsection (8) (repeated co mplaints to enforce payment)—
(a) for “a complaint” substi tute “an application”, and
(b) for “complaint”, in the second and third places, substitute
“application”.
(4) For the title substitu te “Repeat applications to enforce payment of
maintenance arrears”.
13 In section 21(1) omit the defi nition of “magistrates’ court”.
Public Records Act 1958 (c. 51)
14 In paragraph 4(1) of Schedule 1 to the Public Records Act 1958 (records
which are public records) after paragraph (a) insert—
“(aa) records of the family court;”.
Administration of Justice Act 1960 (c. 65)
15 (1) Section 13 of the Administration of Justice Act 1970 (appeals in cases of
contempt of court) is amended as follows.
(2) After subsection (2) insert—
“(2A) Paragraphs (a) to (c) of subsection  (2) of this section do not apply in
relation to appeals under this sectio n from an order or  decision of the
family court, but (subject to any provision made under section 56 of
the Access of Justice Act 1999 or by or under any other enactment)
such an appeal shall lie to the Court of Appeal.”
(3) In subsection (5)(a) (orders and decisi ons of High Court et c to which section
applies) after “High Court,” insert “the family court,”.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments181
Domestic and Appellate Proceedings (Res triction of Publicity) Act 1968 (c. 63)
16 In section 1(4) of the Domestic an d Appellate Proceedi ngs (Restriction of
Publicity) Act 1968 (courts to which se ction applies) after “the Crown Court”
insert “, the family court”.
Civil Evidence Act 1968 (c. 64)
17 In section 12(5) of the Civil Evid ence Act 1968 in the definition of
“matrimonial proceedings” for “a  county” substitute “family”.
Administration of Justice Act 1970 (c. 31)
18 (1) In section 11 of the Administration of  Justice Act 1970 (r estriction on powers
of committal under section 5 of the Debtors Act 1869)—
(a) omit the “and” at the end of paragraph (a),
(b) in paragraph (b) for the words from “in respect” to “judgment”
substitute “in respect of a judgment”, and
(c) after paragraph (b) insert “; and
(c) by the family court in respect of a High Court or
family court maintenance order.”
(2) In section 28 of that Act (interpretation)—
(a) for “, “county court maintenanc e order”” substitute “and “family
court maintenance order””, and
(b) for “, a county court” subs titute “and the family court”.
Courts Act 1971 (c. 23)
19 Omit section 52(3A) of the Courts Act 1971 (subsection (3) does not apply to
family proceedings in a magistrates’ court).
Attachment of Earnings Act 1971 (c. 32)
20 The Attachment of Earnings Act 1971 is amended as follows.
21 (1) Section 1 (courts with power to a ttach earnings) is amended as follows.
(2) After subsection (1) insert—
“(1A) The family court may make an attachment of earnings order to
secure payments under a High Co urt or family court maintenance
order.”
(3) In subsection (2) (county court) om it paragraph (a) (maintenance orders).
(4) In subsection (3) (mag istrates’ courts) omit pa ragraph (a) (maintenance
orders).
22 In section 2(b) (meaning of “High Court maintenance order” etc)—
(a) for “, “county court maintenance order” and “magistrates’ court”
substitute “and “family court”, and
(b) for “, a county court and a magist rates’ court;” substitute “and the
family court;”.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments182
23 (1) Section 3 (application for order and co nditions of court’s power to make it)
is amended as follows.
(2) In subsection (1)(a) (payee may apply)  after “through” insert “any court or”.
(3) In subsection (1) (applicants ) for paragraph (c) substitute—
“(c) without prejudice to paragrap h (a) above, an officer of the
family court if the application is to the family court for an
order to secure maintenance pa yments and there is in force
an order that those payments be made to the court or an
officer of the court;”.
(4) In subsections (1)(d)(ii) and (4)(a) (maintenance paymen ts) for the words
between “or” and “for” substitute “the family court”.
(5) In subsection (4)—
(a) omit paragraph (b) and the “or” preceding it, and
(b) in the words after paragraph (b), omit the words after “1869”.
24 In section 6(7) (meaning  of “collecting officer”)—
(a) in paragraph (a)(ii) after “of” insert “the family court or”, and
(b) after paragraph (a) insert—
“(aa) in the case of an order made by the family court, the
appropriate officer of that court;”.
25 In section 8(3) (order ceases to have  effect when warrant issued) omit the
words after “related maintenance order”.
26 In section 10 (reduction of normal deduction rate)—
(a) in subsection (2) for “a coun ty” substitute “the family”, and
(b) omit subsection (3) (magistrates’ courts).
27 In section 11(1)(a) (registered main tenance orders) for the words after
“provides” substitute “for the registrati on in the family court of a High Court
maintenance order);”.
28 In section 15D (interpretation of sections 15A to 15C) after subsection (2)
insert—
“(2A) If the lapsed order was made by the family court, the proper
authority is the family court.”
29 In section 16(2)(d) (power of collec ting officer) for “magistrates’ court”
substitute “family court”.
30 (1) Section 18 (collecting officers of ma gistrates’ courts) is amended as follows.
(2) In subsection (1)—
(a) for the words before paragrap h (a) substitute “Where payments
under a maintenance order are paya ble to the family court or an
officer of the family court for tran smission to a pers on, no officer of
the family court is to—”, and
(b) in the words after paragraph (c) for “him” substitute “the family
court or an officer of that court”.
(3) In subsection (2) for “the designat ed officer for a magistrates’ court”
substitute “an officer of the family court”.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments183
(4) Omit subsection (3).
31 (1) Section 20 (persons residing ou tside England and Wales) is amended as
follows.
(2) In subsection (1)—
(a) for “a magistrates’ court”, in both places, substitute “the family
court”, and
(b) for “a complaint”, in both pl aces, substitute “an application”.
(3) In subsections (2) to (4) for “comp laint”, in each place, substitute
“application”.
(4) In subsection (4) for “compla inant” substitute “applicant”.
32 In section 21 (costs on application under section 16)—
(a) in subsection (1) omit “(but subjec t to section 18(2)(b) of this Act)”,
and
(b) in subsection (2) for the word s from “deemed—” to “otherwise,”
substitute “deemed”.
33 In section 23 (enforcement) after subsection (10) insert—
“(10A) This section applies in relation to the family court as it applies in
relation to the county court, but as  if the reference in subsection (8)
to section 129 of the County Cour ts Act 1984 were a reference to
section 31L(1) of the Matrimonial and Family Proceedings Act 1984.”
Matrimonial Causes Act 1973 (c. 18)
34 In section 48(2) (nullity proceedings to be in priv ate unless judge otherwise
directs) for “judge” substitute “court”.
Litigants in Person (Costs and Expenses) Act 1975 (c. 47)
35 In paragraph (a) of the second sentence in section 1(1) of the Litigants in
Person (Costs and Expenses) Act 1975 before “in the Senior” insert “in the
family court,”.
Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)
36 (1) The Inheritance (Provision for Family and Dependants) Act 1975 is amended
as follows.
(2) In section 15(1) (restriction im posed in divorce proceedings etc on
application under the 1975 Act: meaning of “the court”) for the words from
“, where a county court has jurisdicti on” to the end substitute “the family
court”.
(3) In section 15ZA(2) (restriction impose d in proceedings for the dissolution etc
of a civil partnership on application under the 1975 Act: meaning of “the
court”) for the words from “, where a county court has jurisdiction” to the
end substitute “the family court”.
(4) In section 15A(1) (restriction imposed in proceedings under Matrimonial
and Family Proceedings Act 1984 on  application under the 1975 Act:
meaning of “the court”) for the word s from “, where a county court has
jurisdiction” to the end subs titute “the family court”.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments184
(5) In section 15B(2) (restriction imposed in proceedings under Schedule 7 to the
Civil Partnership Act 2004 on application under the 1975 Act: meaning of
“the court”) for the words from “, wh ere a county court has jurisdiction” to
the end substitute “the family court”.
Torts (Interference with Goods) Act 1977 (c. 32)
37 In section 4 of the Torts (Interference with Goods) Act 1977 (interlocutory
relief where goods are detained) after subsection (5) insert—
“(6) Subsections (1) to (4) apply in rela tion to the family court in England
and Wales as they apply in relation  to the High Court in England and
Wales, but as if refere nces in those subsections to rules of court
(including references to rules of court under any particular
enactment) were references to Family Procedure Rules.”
Charging Orders Act 1979 (c. 53)
38 (1) The Charging Orders Act 1979 is amended as follows.
(2) In sections 1(1) and (6), 3(4A)(a) and  6(2) (charging orders in respect of
orders of certain courts) after “High Co urt”, in each place, insert “or the
family court”.
(3) In section 1(2)(b) (enforcement of High Court maintenance order) for “a
county” substitute  “the family”.
(4) In section 1(2) (meaning of “appropriate court”) after paragraph (b) insert—
“(ba) in a case where paragraph (a) does not apply and the order to
be enforced is an order of the family court, the family court;”.
(5) In section 1(2)(c) for “n either paragraph (a) nor paragraph (b)” substitute
“none of paragraphs (a), (b) and (ba)”.
Magistrates’ Courts Act 1980 (c. 43)
39 The Magistrates’ Courts Act 1980 is amended as follows.
40 In section 58(2) (sums recoverable summarily as a civil debt) omit paragraph
(a) (including the “or” at the end).
41 (1) Section 59 (orders for periodical payment: means of payment) is amended as
follows.
(2) In subsection (1) (duty to exer cise powers under subsection (3))—
(a) omit the words from “then”  preceding paragraph (a) to
“maintenance order,” in paragraph (b), and
(b) for “that subsection” substi tute “subsection (3) below”.
(3) Omit subsections (2), (3)(cc), (3A), (5 ), (7) to (12) (maintenance orders).
(4) In subsection (3) omit  paragraphs (c) to (d).
42 (1) Section 59A (orders for periodical  payment: proceedings by designated
officer) is amended as follows.
(2) In subsections (1) and (2) for “a relevant UK order” substitute “an order
made by a magistrates’ court”.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments185
(3) In subsection (7) (interpretation)—
(a) in the definition of “the relevant designated officer”—
(i) after paragraph (a) insert “and”, and
(ii) omit paragraph (c) an d the “and” preceding it,
(b) omit the definition of  “relevant UK order”, and
(c) omit the words after that definition.
43 Omit section 59B (power of magistrates’ court to impose penalty for breach
of certain maintenance orders).
44 In section 60 (variation etc of  orders for periodical payments)—
(a) omit subsections (3) to  (10B) (which relate to maintenance orders),
and
(b) in subsection (11) (interpretation) omit paragraph (b) and the “and”
preceding it.
45 In section 61(2) in the definition of  “periodical payments order” omit the
words from “, or registered” to “1958,”.
46 (1) Section 62 (payments required to be made to a child) is amended as follows.
(2) In subsection (1) omit paragrap h (b) and the “or” preceding it.
(3) In subsection (3) omit “or registered in”.
(4) Omit subsection (6) (m eaning of “registered”).
47 In section 64 (costs)—
(a) omit subsections (1A), (4) and (4A),
(b) in subsection (2) omit “or (4A)”, and
(c) in subsection (3) omit “Subje ct to subsection (4) below,”.
48 Omit sections 65 to 67, 68A, 69, 70, 71, 73, 74 and 75(2A) to (2C) (family
proceedings in magistrates’ courts).
49 Omit—
(a) sections 76(4) to (6), 92(1)(a ) and 93 to 95 (enforcement of
maintenance orders),
(b) in section 80(1) the words “or has ordered the enforcement of a sum
due from a person under a magist rates’ court maintenance order”,
and
(c) in section 100 (evidence) paragr aph (b) and the “or” preceding it.
50 (1) Section 111A (appeals on ground of error of law etc in family proceedings in
a magistrates’ court) is amended as follows.
(2) In subsection (1) for “family proceedin gs” substitute “proceedings under the
Child Support Act 1991”.
(3) In subsection (2) (appeal to a county  court) for “a county” substitute “the
family”.
(4) In subsection (3)(a) (other rights to  appeal exclude right under subsection
(2)) before “against” insert “or the family court”.
(5) Omit subsection (5) (m eaning in the section of “family proceedings”).
(6) In the title for “family” substitute “child support”.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments186
51 In section 112(2) (decisions on appeals under section 111A) for “a county”
substitute “the family” in both places.
52 In section 144 (procedure rules for civil proceedings in magistrates’ courts
and before justices’ clerks) after subsection (1) insert—
“(1ZA) Subsection (1) does not apply in  r e l a t i o n  t o  f u n c tions of justices’
clerks given under section 31O(1)(a),  or specified in section 31O(2),
of the Matrimonial and Family Pr oceedings Act 1984 (functions in
the family court).”
Contempt of Court Act 1981 (c. 49)
53 In section 14 of the Contempt of Court Act 1981 (penalties for contempt of
court) but not in that section in its a pplication to Northern Ireland (which in
its application to Northern Ireland has effect as set out in Schedule 4 to that
Act) before subsec tion (5) insert—
“(4B) The preceding provisions of this  section do not apply to the family
court, but—
(a) this is without prejudice to th e operation of section 31E(1)(a)
of the Matrimonial and Family Proceedings Act 1984 (family
court has High Court’s powers) in relation to the powers of
the High Court that are limi ted or conferred by those
provisions of this section, and
(b) section 31E(1)(b) of that Act (family court has county court’s
powers) does not apply in relation to the powers of the
county court that are limited or  conferred by those provisions
of this section.”
Senior Courts Act 1981 (c. 54)
54 The Senior Courts Act 1981 is amended as follows.
55 In section 33 (powers of High Cour t exercisable before commencement of
action) after subsec tion (2) insert—
“(3) This section applies in relation to the family court as it applies in
relation to the High Court.”
56 In section 34 (powers of High Court to order disclosure  or inspection of
documents or property of non-part y) after subsection (4) insert—
“(5) Subsections (2) and (3) apply in re lation to the family court as they
apply in relation to the High Court.”
57 In section 35(1) (limits on High Court’ s power to make orders under sections
33 and 34) for “The High Co urt” substitute “A court”.
58 In section 37 (powers of High Court to grant injunctions or appoint
receivers) after subs ection (5) insert—
“(6) This section applies in relation to the family court as it applies in
relation to the High Court.”
59 In section 39(1) (powers of High Court to order do cuments to be executed or
indorsed by nominated person)—Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments187
(a) in the words before paragraph (a ) after “High Court” insert “or
family court”, and
(b) in paragraph (b) for “the High Court” substitute “that court”.
60 In section 42(1)(a) and (b) (engaging in  vexatious civil proceedings is ground
for High Court making order under the section) after “High Court” insert “or
the family court”.
61 (1) Section 51 (costs) is amended as follows.
(2) In subsection (1) (section applies to civil division of Court of Appeal, High
Court and county court) before the “and ” at the end of paragraph (b) insert—
“(ba) the family court;”.
(3) In subsection (8)(b) (proceedings commenced in High Court that should
have been commenced in county court) before “in accordance” insert “or
family court”.
62 In section 70 (assessors) after subsection (4) insert—
“(5) Subsections (1) and (2) apply in re lation to the family court as they
apply in relation to the High Court.”
63 In Schedule 1 (distribution of busine ss in High Court) omit paragraph 3(d)
(appeals from enforcement decisions of magistrates’ courts in relation to
certain family matters).
County Courts Act 1984 (c. 28)
64 The County Courts Act 19 84 is amended as follows.
65 In section 4(1) (certain public buildi ngs may be used for county court sittings
free of charges other than charges for light, heat and cleaning) before “, there
is a building” insert “or a sitting  of the family court is held”.
66 (1) In section 38(3) (county court does not have power to make certain orders)
for “A county court shall not have” subs titute “Neither the county court nor
the family court has”.
(2) In section 38(4) (regulations about orders which court may not make) after
paragraph (d) insert “; and
(e) may make different provis ion for different purposes.”
67 Omit sections 40(9) and 42(8) and,  in section 41(2), the words after
“prerogative orders)” (references to fa mily jurisdiction of county court).
68 In section 57 (evidence of prison ers) after subsection (4) insert—
“(5) This section applies in relation to the family court as it applies in
relation to the county court.”
69 In section 61 (rights of audience by direction) after subsection (3) insert—
“(3A) Subsections (1) to (3 ) apply in relation to the family court as they
apply in relation to the county court.”
70 In section 71 (satisfaction of orders fo r payment of costs etc) after subsectionCrime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments188
(2) insert—
“(3) Subsections (1) and (2), so far as relating to costs, apply in relation to
the family court as they apply in  relation to the county court.”
71 In section 131 (appointment of auditors etc) after “controlling the accounts
of” insert “the family court or”.
72 In section 132 (payments of expenses etc)—
(a) in paragraph (b) (costs of books et c) after “offices” insert “, and the
family court and its offices,”,
(b) in paragraph (c) (costs of tran sport to prison) after “committed by”
insert “the family court or”, and
(c) in paragraph (d) (all other expenses arising out of any jurisdiction
conferred) after “conferred” insert “on the family court or any officer
of the family court or”.
Administration of Justice Act 1985 (c. 61)
73 In section 53(2) of the Administration of Justice Act 1985 (costs where judge
unable to act) before the “and” at  the end of paragraph (b) insert—
“(ba) proceedings in the family court;”.
Insolvency Act 1986 (c. 45)
74 In section 281(8) of the Insolvency Act 1986 (discharge does not release
bankrupt from bankruptcy debt ar ising under order made in family
proceedings), in the definition of “f amily proceedings”, for paragraph (a)
(but not the “and” foll owing it) substitute—
“(a) proceedings in the family court;”.
Children Act 1989 (c. 41)
75 In section 97 of the Children Act 1989 (privacy for children involved in
certain proceedings)—
(a) omit subsections (1), (7) and (8 ) (which relate to certain family
proceedings in magistrates’ courts), and
(b) in subsection (2) (restr ictions on publication) for “, a county court or
a magistrates’ court” substi tute “or the family court”.
Courts and Legal Services Act 1990 (c. 41)
76 (1) The Courts and Legal Services  Act 1990 is amended as follows.
(2) In section 1(1) (allocation of bu siness between High Court and county
court)—
(a) in paragraph (a) (conferring juri sdiction on High Court) after
“which” insert “the family court or”,
(b) in paragraph (b) (confe rring jurisdiction on county court) after “on”
insert “the family court or”,
(c) in paragraph (c) (allocating proc eedings) after “High Court” insert
“or to the family court”,Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments189
(d) after paragraph (d) insert—
“(da) specifying proceedings  which may be commenced
only in the family court,”, and
(e) after paragraph (f) insert—
“(fa) specifying proceedings which may be taken only in
the family court;”.
(3) In section 1(3) (criteria for distinguis hing categories of proceedings) after
paragraph (c) insert—
“(ca) any relationship between the proceedings and any other
proceedings;”.
(4) In section 1(7)(a) (power to make  consequential amendments) after sub-
paragraph (ii) insert “or
(iii) the jurisdiction, practice  or procedure of the family
court,”.
(5) In section 1(10) (no power to confer judicial review juri sdiction on county
court) after “on” insert “the family court or”.
(6) In the title of section 1 after “Hig h Court” insert “, family court”.
(7) Omit sections 9 and 10 (allocation of family proceedings in county court and
rules about family proceeding s in magistrates’ courts).
(8) In section 11 (representation in certain county court cases)—
(a)  after subsection (9) insert—
“(9A) This section applies in relation to the family court as it applies
in relation to the county court.”, and
(b) in the title after “county cour t” insert “and family court”.
Maintenance Enforcemen t Act 1991 (c. 17)
77 (1) Section 1 of the Maintenance Enfo rcement Act 1991 (High Court and county
court maintenance orders) is amended as follows.
(2) For “a county court”, in each pl ace, substitute “the family court”.
(3) After subsection (1) insert—
“(1A) Where the family court makes a qualifying periodical maintenance
order, it may at the same time exercise any of its powers under
subsection (4A) below in relation to the order, whether of its own
m o t i o n  o r  o n  a n  a p p l i c a t i o n  m a d e  u n d e r  t h i s  s u b s e c t i o n  b y  a n
interested party.”
(4) After subsection (3) insert—
“(3A) Where the family court ha s made a qualifying periodical
maintenance order, it may at any later time—
(a) on an application made un der this subsection by an
interested party, or
(b) of its own motion, in th e course of any proceedings
concerning the order,
exercise any of its powers under su bsection (4A) below in relation to
the order.”Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments190
(5) After subsection (4) insert—
“(4A) The powers mentioned in subsections (1A) and (3A) above are—
(a) the power to order that payments under the qualifying
periodical maintenance order in  q u e s t i o n  b e  m a d e  t o  t h e
court;
(b) the power to order that payments under the qualifying
periodical maintenance order in question required to be
made to the court are to be so made by such method of
payment falling within subsecti on (5) below as the court may
specify in the particular case; or
(c) the power to order that payments under the qualifying
periodical maintenance orde r  i n  q u e s t i o n  b e  m a d e  i n
accordance with arrangements  for their collection made by
the Secretary of State under section 30 of the Child Support
Act 1991 and regulations made under that section.”
(6) In subsection (5) (methods of paym ent) after paragraph (b) insert “; or
(c) any method of payment specif ied in regulations made by the
Lord Chancellor.”
(7) In subsection (6)(a) after “(4) abov e” insert “or under paragraph (b) of
subsection (4A) above”.
(8) In subsection (7) (powers where order made under subsection (4)(a))—
(a) for “or (3)” substitute “, (1A), (3) or (3A)”, and
(b) after “(4)(a)” insert “or (4A)”.
(9) After subsection (8) insert—
“(8A) No order made by the family cour t under subsection (4) or (4A)(a) or
(b) above has effect at any time wh en the Secretary of State is, under
section 30 of the Child Support Act 1991 and regulations made under
that section, arranging for the co llection of payments under the
qualifying periodical maintenance order in question.”
(10) After subsecti on (10) insert—
“(11) The power of the Lord Chanc ellor to make regulations under
subsection (5)(c) above is exercisable by statutory instrument, and a
statutory instrument containing regulations under subsection (5)(c)
is subject to annulment in pursuance of a resolution of either House
of Parliament.”
(11) In the title, and in the preceding italic heading, for “county courts” substitute
“family court”.
Access to Justice Act 1999 (c. 22)
78 The Access to Justice Act 1999 is amended as follows.
79 In section 54(1) (rules may require pe rmission to appeal) after paragraph (a)
insert—
“(aa) the family court,”.
80 In section 55(1) (limitations on right to appeal to Court of Appeal against a
decision made on an appeal) before “or the High Court” insert “, the family
court”.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments191
81 In section 56(1) (power to prescribe alternative appellate court) after
paragraph (a) insert—
“(aa) the family court,”.
82 In section 57(1) (appeals otherwise than to Court of Appeal may be
redirected there)—
(a) before “or the High Court” insert “, the family court”, and
(b) after paragraph (b) insert “or
(c) the President of the Family Division where it is the
family court from which or  to which the appeal is
made, or from which permission to appeal is
sought,”.
Courts Act 2003 (c. 39)
83 The Courts Act 2003 is amended as follows.
84 In section 1(1) (Lord Chancellor’s general duty to ensure that support
systems and services, including staff and accommodation, are provided for
certain courts) for the “and” at th e end of paragrap h (b) substitute—
“(ba) the family court, and”.
85 In section 18(5)(a) (presiding at si ttings of justices) omit “or family
proceedings court”.
86 In section 19(2)(e) (committees may be  established under rules to advise on
authorisation of justices for specif ic purposes) for “members of family
proceedings courts or” substitute “judge s of the family court or as members
of”.
87 (1) Section 28 (functions of justices’ clerks and assistant clerks) is amended as
follows.
(2) After subsection (2) insert—
“(2A) Subsection (2) does not apply in relation to functions of a justices’
clerk given under section 31O(1)(a), or specified in section 31O(2), of
the Matrimonial and Family Proceed ings Act 1984 (functions in the
family court, but see section 31O(1)(b) of that Act).”
(3) After subsection (5) insert—
“(5A) For the purposes of subsections (1 ) to (5) the functions of justices of
the peace do not includ e functions as a judge of the family court.”
(4) Omit subsection (9)(b) (requirement  to consult Family Procedure Rule
Committee) but not the “and” following it.
88 Omit section 30(6) (exclusi on of family proceedings).
89 In section 34(2) (no order for costs in  legal proceedings to be made against
justices’ clerk or assistant in respec t of acts or omissions in exercising
functions of a single justice of the peace) after “function of a single justice of
the peace” insert “or a function of the family court or of a judge of that court.”
90 In section 66 (judges having powers of District Judges (M agistrates’ Courts))
omit—
(a) in subsection (1), paragraph (b) and the “and” preceding it, andCrime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments192
(b) subsection (4).
91 (1) Section 75 (Family Procedure Rules) is amended as follows.
(2) In subsection (1) (family  proceedings in certain courts to be governed by
Family Procedure Rules) omit the words after “proceedings”.
(3) For subsection (3) (meaning of  “family proceedings”) substitute—
“(3) “Family proceedings” means—
(a) proceedings in the family court, and
(a) proceedings in the Family Di vision of the High Court which
are business assigned, by or under section 61 of (and
Schedule 1 to) the Senior Courts Act 1981, to that Division of
the High Court and no other.”
(4) In subsection (4) (differential provision) befo re “different areas” insert
“different cases or”.
92 (1) Section 76 (further provision abou t scope of Family Procedure Rules) is
amended as follows.
(2) In subsection (2) (provision that may be made by rules)—
(a) after the “and” at the en d of paragraph (a) insert—
“(aa) provide, subject to any provision that may be made in
rules under section 31O(1)  of the Matrimonial and
Family Proceedings Act 1984 , for any functions of a
court in family proceedings to be carried out by
officers or other staff of the court.” and
(b) omit paragraph (b).
(3) In subsection (3) (rules may modify rules of evidence) omit the words after
“proceedings”.
93 (1) Section 77(2) (membership of Family Rule Procedure Committee) is
amended as follows.
(2) Omit paragraphs (i) and (l).
(3) In paragraphs (j) and (m) for “magis trates’ courts” substitute “the family
court”.
94 (1) Section 81 (practice directions relati ng to family proceedings) is amended as
follows.
(2) In subsection (1)—
(a) in paragraph (za) after “Court of  Appeal” insert “in proceedings on
appeal from the Family Division  of the High Court or from the
family court”, and
(b) for the words after paragraph (za) substitute—
“(zb) the Family Division of the High Court in proceedings
which are business assigned, by or under section 61 of
(and Schedule 1 to) the Senior Courts Act 1981, to that
Division of the High Court and no other, and
(aa) the family court.”
(3) In subsection (2) for the words “of those courts in family proceedings”
substitute “mentioned in subsection (1) which are”.Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 2 — The family cour t: further amendments193
(4) In subsection (2A) fo r “of any relevant court in family proceedings”
substitute “mentioned in subsection (1)”.
(5) In subsection (3)(a) for “of any re levant court in family proceedings,”
substitute “mentioned in subsection (1),”.
(6) In subsection (5) omit the de finition of “relevant court”.
95 In section 92(1) (power to prescribe fees for things dealt with by certain
courts) after paragraph (a) insert—
“(aa) the family court,”.
Constitutional Reform Act 2005 (c. 4)
96 The Constitutional Reform Act 2005 is amended as follows.
97 In section 7(4) (courts of which Lord Ch ief Justice is president) after the entry
for the Crown Court insert—
“the family court”.
Legal Services Act 2007 (c. 29)
98 (1) For paragraph 1(7)(c) of Schedule 3 to the Legal Services Act 2007 (rights of
audience in chambers of ex empt persons) substitute—
“(c) the proceedings are not rese rved family proceedings and
are being heard in chambers—
(i) in the High Court or county court, or
(ii) in the family court by a judge who is not, or by two
or more judges at least one of whom is not, within
section 31C(1)(y) of th e Matrimonial and Family
Proceedings Act 1984 (lay justices).”
(2) In paragraph 1(10) of that Schedule in the definition of “family proceedings”
after “also includes” insert “any pr oceedings in the family court and”.
PART 3
REPEALS  AND  REVOCATIONS  IN CONSEQUENCE  OF PARTS  1 AND  2 OF THIS SCHEDULE
99 The provisions specified in the Table are repealed or revoked to the extent
shown.
Reference Extent of repeal or revocation
Administration of Justice Act
1977 (c. 38)In Schedule 3, paragraph 4(a).
Magistrates’ Courts Act 1980
(c. 43)Section 53(4).
Section 54(3) and (4).
Section 55(9).
In section 56 the words from the beginning to
“any magistrates’ court,”.
In section 57 the words from the beginning to
“any magistrates’ court,”.
Section 57A(3).Crime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 3 — Repeals and revocati ons in consequence of Part s 1 and 2 of this Schedule194
Magistrates’ Courts Act 1980
(c. 43)— cont.In section 64—
(a) subsection (1A),
(b) in subsection (2) the words “or (4A)”,
(c) in subsection (3) the words “Subject to
subsection (4) below,”, and
(d) subsections (4) and (4A).
In section 97(1)(a) and (2) the words “or of an
application in family proceedings”.
Section 111(7).
Section 121(8).
Section 144(1)(b).
Section 145(1)(ga).
In section 150(1), the definitions of “Family
Procedure Rules”, “family proceedings”,
“magistrates’ court maintenance order” and
“maintenance order”.
In Schedule 7, paragraphs 23 and 24.
Civil Jurisdiction and
Judgments Act 1982 (c. 27)In Schedule 11, paragraph 2.
In Schedule 12, paragraphs 3 and 7.
Matrimonial and Family
Proceedings Act 1984 (c. 42)Section 44.
In Schedule 1, paragraph 4.
Family Law Reform Act 1987
(c. 42)In Schedule 2, paragraphs 18, 81, 83 to 85 and
87.
Children Act 1989 (c. 41) In Schedule 11, paragraph 8(a) to (c).
Broadcasting Act 1990 (c. 42) In Schedule 20, paragraph 29(2).
Maintenance Enforcement Act
1991 (c. 17)Sections 7 and 8.
In Schedule 1, paragraphs 8 and 9.
In Schedule 2, paragraphs 6 to 8 and 11(1).
Social Security (Consequential
Provisions) Act 1992 (c. 6)In Schedule 2, paragraph 60.
Transfer of Functions
(Magistrates’ Courts and
Family Law) Order 1992
(S.I. 1992/709)In Schedule 2, the entr ies for sections 59 and
94A of the Magistrates’ Courts Act 1980.
Maintenance Orders
(Backdating) Order 1993
(S.I. 1993/623)Article 3 and Schedule 2.
Child Support Act 1991
(Consequential
Amendments) Order 1994
(S.I. 1994/731)Article 3.
Family Law Act 1996 (c. 27) In Schedule 8, paragraph 49.
Family Law Act 1996
(Modifications of
Enactments) Order 1997
(S.I. 1997/1898)Article 2.
Crime and Disorder Act 1998
(c. 37)In Schedule 8, paragraph 42.Reference Extent of repeal or revocationCrime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 3 — Repeals and revocati ons in consequence of Part s 1 and 2 of this Schedule195
Access to Justice Act 1999 (c. 22) In Schedule 10, paragraphs 22, 33 and 34.
In Schedule 11, paragraphs 26 and 27.
Child Support, Pensions and
Social Security Act 2000
(c. 19)In Schedule 8, paragraph 2.
Civil Jurisdiction and
Judgments Order 2001
(S.I. 2001/3929)In Schedule 3, paragraphs 5, 11 and 12(b) and
(c).
Adoption and Children Act
2002 (c. 38)In Schedule 3, paragraphs 37, 38 and 39(b)(i).
Courts Act 2003 (c. 39) Section 26(4).
Section 49(1).
In Schedule 8, paragraphs 98 to 103, 143, 208(3),
210, 211(3) and (4), 214 to 217, 228, 229 and
349.
Civil Partnership Act 2004
(c. 33)In Schedule 27, paragraphs 22(2), 64 and 65.
Constitutional Reform Act 2005
(c. 4)In Schedule 4, paragraphs 101, 213 and 344(4).
European Communities
(Jurisdiction and Judgments
in Matrimonial and Parental
Responsibility Matters)
Regulations 2005 (S.I. 2005/
265)Regulation 4.
Childcare Act 2006 (c. 21) In Schedule 2, paragraph 2.
Legal Services Act 2007 (c. 29) In Schedule 21, paragraph 144(2)(b).
Civil Jurisdiction and
Judgments Regulations 2007
(S.I. 2007/1655)In the Schedule, paragraph 9.
Human Fertilisation and
Embryology Act 2008 (c. 22)In Schedule 6, paragraph 20.
Children and Families (Wales)
Measure 2010 (nawm 1)In Schedule 1, paragraphs 1 and 2.
Parental Responsibility and
Measures for the Protection
of Children (International
Obligations) (England and
Wales and Northern Ireland)
Regulations 2010 (S.I. 2010/
1898)In the Schedule, paragraph 1.
Family Procedure (Modification
of Enactments) Order 2011
(S.I. 2011/1045)Articles 3, 5, 6(b), 7, 10(b) and (d) and 11 to 14.Reference Extent of repeal or revocationCrime and Courts Act 2013 (c. 22)
Schedule 10 — The family court
Part 3 — Repeals and revocati ons in consequence of Part s 1 and 2 of this Schedule196
SCHEDULE 11 Section 17
TRANSFER  OF JURISDICTION  TO FAMILY  COURT
PART 1
AMENDMENTS  OF ENACTMENTS
Married Women’s Property Act 1882 (c. 75)
1 The Married Women’s Property Act 1882 is amended as follows.
2 In section 10 (court’s power to order transfer investment and dividends to
husband where investment made with  his money and without his consent)
for “the Court” substitute “the High Court or the family court”.
3 In section 17 (power of High Court and prescribed county court to make
orders in relation to disputes betw een husband and wife about title to or
possession of property)— 
(a) for “such county court as may be prescribed” substitute “the family
court”, and
(b) omit the words after “rules of court”.
Maintenance Orders (Facilities fo r Enforcement) Act 1920 (c. 33)
4 (1) The Maintenance Orders (Facilities fo r Enforcement) Act 1920 is amended in
accordance with paragraphs 5 to 11.
(2) The amendments made by paragraphs 5 to 11 cease to have effect on the
coming into force of the repeal of the Maintenance Orders (Facilities for
Enforcement) Act 1920 by section 22(2)(a) of the Maintenance Orders
(Reciprocal Enforcement) Act 1972.
5 In section 1(2) (courts in which maintenance orders from Her Majesty’s
dominions outside the Unit ed Kingdom are to be registered) after “and, if
the court was not a court of superior jurisdiction, be” insert “the family court
or, in Northern Ireland,”.
6 (1) Section 3 (power of courts in England and Wales, or Northern Ireland, to
make provisional orders of maintenance against certain persons resident
outside the United Kingdom) is amended as follows.Civil Jurisdiction and
Judgments (Maintenance)
(Rules of Court) Regulations
2011 (S.I. 2011/1215)Regulation 2.
Civil Jurisdiction and
Judgments (Maintenance)
Regulations 2011 (S.I. 2011/
1484)In Schedule 7, paragraphs 2(4) and 9(2).Reference Extent of repeal or revocationCrime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments197
(2) In subsection (1) (circumstances in which provisional orders may be made)
for “a court of summary jurisdiction in  England or Irelan d” substitute “the
family court, or in Northern Ireland to a court of summary jurisdiction,”.
(3) In subsection (4) (takin g of evidence by court of summary jurisdiction at
request of court in a part of Her Majesty’s dominions outside the United
Kingdom)— 
(a) omit “of summary jurisdicti on” in the first place, and
(b) after “that court or” insert  “, in Northern Ireland,”.
(4) In subsection (5) (confirmation of orde r does not affect any power of court of
summary jurisdiction to vary or revoke order, provided certain
requirements are met)—
(a) after “any power of” insert “the family court, or”, and
(b) after “summary jurisdiction” insert “in Northern Ireland,”.
(5) Omit subsection (7) (variation etc in  a magistrates’ court in England and
Wales).
7 (1) Section 4 (power of court of summary  jurisdiction to confirm maintenance
order made outside the United Kingdom) is amended as follows.
(2) In subsection (1) (procedure for determining whether order should be
confirmed by court of summary jurisdiction)—
(a) after “confirmed by” insert “the family court or by”,
(b) omit “England or” in the first place,
(c) after “send the said documents” insert “to the family court if it
appears to the Lord Chancellor that the person is resident in England
and Wales or”, and
(d) after “court of summar y jurisdiction”, in the se cond place, insert “in
Northern Ireland if it appears to the Lord Chancellor that the person
is resident in Northern Ireland”.
(3) In subsection (5A) (exerc ise of powers where a magistrates’ court in England
and Wales confirms a provisional order)—
(a) for “a magistrates’” subs titute “the family”, and
(b) for “shall” substitute “may”.
(4) In subsection (5B)  (available powers)—
(a) in each of paragraphs (a) and (b) for “the designated officer for the
court or for any other magistrates’  court” substitute “the family
court”, and
(b) in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
substitute “1(5) of the Main tenance Enforcement Act 1991”.
(5) In subsection (5C) (decid ing on exercise of powers)—
(a) for “which of the” su bstitute “whether to ex ercise any of its”, and
(b) omit “it is to exercise”.
(6) In subsection (5D) (power to requir e account to be opened) for “Subsection
(4) of section 59 of the Magistrates’ Courts Act 1980” subs titute “Subsection
(6) of section 1 of the Maintenance Enforcement Act 1991”.
(7) In subsection (6) omit “Sub ject to subsection (6A),”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments198
(8) Omit subsection (6A) (modifications of  section 60 of the Magistrates’ Courts
Act 1980).
8 (1) Section 4A (variation and revocation of maintenance orders) is amended as
follows.
(2) In subsection (2) (jurisdiction of  magistrates’ court where respondent
resides in a part of Her Majesty’s do minions outside the United Kingdom to
which the Act extends) for “a magist rates’ court in England and Wales”
substitute “the family court”.
(3) In subsection (4) (magistrates’ court hearings in absence of respondent), in
paragraph (a) for “a magistrates’ co urt in England and Wales” substitute
“the family court”.
(4) In subsection (5 ) (application of subsection (4) to Northern Ireland with
modifications) in paragraph (c) for ““a  magistrates’ cour t in England and
Wales”” substitute ““t he family court””.
9 (1) Section 6 (mode of enforcing orders) is amended as follows.
(2) In subsection (1) (enforcement step s to be taken by court of summary
jurisdiction) omit “of summary jurisdiction”.
(3) For subsection (2) substitute—
“(2) Every such order registered in or confirmed by the family court is
enforceable as if it were an order made by the family court and as if
that court had had jurisdiction to make it.”
(4) In subsection (3) (execution of a warr ant in a part of the United Kingdom in
which the issuing court does not have jurisdiction) after “issued by” insert
“the family court or”.
10 In section 9 (use of depositions take n outside United Kingdom) after “courts
of summary jurisdiction” insert  “, or the family court,”.
11 In section 11(za) (application of section 3 to Northern Ireland) for “for
subsection (7) of that se ction there shall be substi tuted” substitute “after
subsection (6) of that section there shall be inserted”.
Marriage Act 1949 (c. 76)
12 The Marriage Act 1949 is amended as follows.
13 In section 3(5) (marriage of persons aged 16 or 17: meaning of “the court”
and provision about rules of court)—
(a) for the words from “, the county court of the district” to the second
“in which any applicant or respondent resides” substitute “or the
family court”,
(b) omit paragraph (b), and 
(c) in paragraph (c) for “a court of summary jurisdiction” substitute “the
family court”.
14 (1) Section 27B (provisions relating to section 1(3) marriages) is amended as
follows.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments199
(2) In subsection (4) (certificate not to be issued if alleged that section 1(3)
criteria not met, unless declaratio n obtained from High Court under
subsection (5)) omit “from the High Court”.
(3) In subsection (5 ) (application to High Court for declaration) after “High
Court” insert “or the family court”.
Maintenance Orders Act 1950 (c. 37)
15 The Maintenance Orders Act 1950 is amended as follows.
16 In section 4(1) (court of summary juri sdiction in England has jurisdiction in
proceedings for the recovery of sums under certain provisions against
person residing in Scotland or Nort hern Ireland) for “A court of summary
jurisdiction in Engl and” substitute “The family court”.
17 (1) In section 15(2) and (3) (service of process: endorsement by, and declarations
before, justices of the peace etc) for “jus tice of the peace” substitute “judge of
the family court”.
(2) In Schedule 2 (forms)— 
(a) in the form numbered 1 (endorsement of summons) for “justice of the
peace” substitute “judge of the family court”, and
(b) in the form numbered 2 (declaration as to service) for “Justice of the
Peace” substitute “judge of the family court”.
18 (1) Section 17 (procedure for registrati on of maintenance orders) is amended as
follows.
(2) Omit subsection (1)(a) (a u t h o r i t y  t o  w h o m  a p p l i c a t i o n  i s  t o  b e  m a d e  f o r
registration of maintenanc e order made by court of  summary jurisdiction in
England).
(3) In subsection (3)(b) (court to whose officer certified copy of maintenance
order is to be sent) for the words af ter “in any other case” substitute “—
(i) where the defendant appe ars to be in England and
Wales, the family court;
(ii) where the defendant appears to be in Northern
Ireland, a court of summary jurisdiction acting for the
place in which the defendant appears to be;
(iii) where the defendant appears to be in Scotland, the
sheriff court within the ju risdiction of which the
defendant appears to be.”
(4) In subsection (6) (court officer may a pply, on behalf of person entitled to
maintenance payments made  to or through the offi cer, for registration of
order under which they are made) for “made by a court of summary
jurisdiction in England or  Northern Ireland” substitute “made by the family
court or a court of summary juri sdiction in Northern Ireland”.
19 (1) Section 18 (enforcement of regi stered orders) is amended as follows.
(2) In subsection (1A) (interest)—
(a) after “under this Part of this Act in” insert “the family court or”,
(b) omit “England or”,
(c) omit “Part I of the Maintena nce Orders Act 1958 or”, and
(d) omit “section 2A of th e said Act of 1958 or”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments200
(3) Omit subsections (2) to (2ZB) (enforcement of registered orders in
magistrates’ courts).
(4) In subsection (2A) (offence of not gi ving notice of change of address to
proper officer) omit “England or”. 
(5) In subsection (2B) (meaning of “proper officer”) omit paragraph (a)
(including the “and” at the end).
20 (1) Section 19 (functions of collecting  officer etc) is amended as follows.
(2) In subsection (1) (provisions in ma intenance order about payment to court
have no effect if order is registered)—
(a) for “or”, in the first place, substi tute “by the family court or in”, and
(b) after “through or to any” insert “court or”.
(3) In subsection (2) (court in which maintenance order registered to order
payment to be made through collecting officer) omit—
(a) “England or” in both places, and
(b) “, as the case may be”.
(4) Omit subsection (3 )(a) (variation etc of orders  made in England and Wales
under subsection (2)).
(5) In subsection (4) after “through  or to any” insert “court or”.
21 In section 20(1)(a) (certificates as to  arrears under registered maintenance
orders)—
(a) after “to or through” insert “a court or”, and
(b) after “signed by” insert “an office r of that court or (as the case may
be)”.
22 (1) Section 22 (discharge and variation of maintenance orders registered in
summary or sheriff courts ) is amended as follows.
(2) In subsection (1) (variation of maintenance orde r) for “a court of summary
jurisdiction or” substitute “the family court, a court of summary jurisdiction
in Northern Ireland or a”.
(3) For subsections (1A) to (1E) (powers of magistrates’ courts in England and
Wales to vary registered orders) substitute—
“ ( 1 A ) T h e  f a m i l y  c o u r t  m a y  e x e r c i s e  t h e  s a m e  p o w e r s  i n  r e l a t i o n  t o  a n
order registered in the family court under this Part of  this Act as are
exercisable by the family court un der section 1 of the Maintenance
Enforcement Act 1991 in relation to a qualifying periodical
maintenance order (within the meaning of that section) which has
b e e n  m a d e  b y  t h e  f a m i l y  c o u r t, including the power under
subsection (7) of that section to revoke, suspend, revive or vary any
means of payment order (within th e meaning of that subsection)
made by virtue of this subsection.”
(4) In subsection (4) (court in which or der registered may vary it only under
subsection (1)) for “a court of summ ary jurisdiction or” substitute “the
family court, a court of summary jurisdiction in Northern Ireland or a”.
(5) In subsection (5) (evidence) for “a  court of summary jurisdiction or”
substitute “the family court, a cour t of summary jurisdiction in Northern
Ireland or a”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments201
23 (1) Section 24 (cancellation of re gistration) is am ended as follows.
(2) In subsection (2) (notic e by appropriate authority where defendant ceases to
reside in England and Wales, Northern Ireland or Scotland) for “a court of
summary jurisdiction in England or Northern Ireland” substitute “the
family court, a court of summary ju risdiction in Northern Ireland”.
(3) In subsection (5A) (effect  of cancellation of regi stration in a magistrates’
court in England and Wales)—
(a) in the words before paragraph (a) for “a magistrates’” substitute “the
family”,
(b) in paragraph (a) omit “section  18(2ZA) or” and “or (1E)”, and
(c) in paragraph (b)—
(i) for “the designated officer fo r a magistrates’ court in England
and Wales” substitute “the family court”, and
(ii) for “59(6) of the Magistrate s’ Courts Act 1980” substitute
“1(5) of the Maintenanc e Enforcement Act 1991”.
(4) In subsection (6) (orders under section 19(2)) omit “England or”.
24 In section 25(3) (rules as to procedur e of courts of summary jurisdiction) for
“a court of summary jurisdiction in En gland or Northern Ireland” substitute
“the family court or a court of summa ry jurisdiction in Northern Ireland”.
25 In section 28(1) (interpretation) in th e definition of “collecting officer” omit
“in relation to a court of summary jurisdiction in England, means the
designated officer fo r the court, and”.
Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)
26 (1) Section 7 of the Matrimonial Caus es (Property and Maintenance) Act 1958
(which extends section 17 of the Ma rried Women’s Property Act 1882 to
certain disputes relating to property in which a wife claims a beneficial
interest) is amended as follows.
(2) In subsection (1) (w hich refers to any right of a wife under section 17 of the
1882 Act to apply to a judge of the Hi gh Court or of a county court) for “a
county court” substitute  “the family court”.
(3) In subsection (2) (extension of th e judge’s power to make orders under
section 17 of the 1882 Act as extended by subsection (1)) for “a county court”
substitute “the family court”.
Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)
27 In section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1970
(section 17 of the Married Women’s Property Act 1882 and section 7 of the
Matrimonial Causes (Property and Main tenance) Act 1958 apply to certain
disputes between parties to a broken  engagement) for “a county court”
substitute “the family court”.
Matrimonial Proceedings and Property Act 1970 (c. 45)
28 (1) The Matrimonial Proceedings and Property Act 1970 is amended as follows.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments202
(2) In section 30(2) (order  for maintenance of party to marriage made by
magistrates’ court to cease to have effe ct on remarriage of that party) for “a
magistrates’ court”, in both places , substitute “the family court”.
(3) In section 39 (extension of section 17 of the Married Women’s Property Act
1882 to certain cases where marriage dissolved or annulled) for “a county
court” substitute “the family court”.
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
29 The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as
follows.
30 (1) Section 3 (magistrates’ court ma y make provisional maintenance order
against person residing in reciprocat ing country) is am ended as follows.
(2) In subsection (1) for “a magistrates’ court” substitute “the family court”.
(3) In subsection (4) (applicatio n not to be transferred etc)—
(a) before paragraph (a) insert—
“(za) a court to transfer proceedings from the family court
to the High Court,”, and
(b) in paragraphs (a) and (b) after “magistrates’ court” insert “in
Northern Ireland”, and
(c) in those paragraphs after “High Co urt” insert “of Justice in Northern
Ireland”.
(4) In subsection (6) (effect of order being confirmed) omit “magistrates’”.
(5) Omit subsection (7)(b) (Northern Irel and: application of subsection (4)).
(6) In the title omit “magistrates’”.
31 In section 4(6) (Scotland: application of section 3(5) and (6)) after “for
references to” insert “a court that ar e references to the family court or”.
32 Omit section 5(3A) (modification of section 60 of Magistrates’ Courts Act
1980 in relation to maintenance or ders to which section 5 applies).
33 In section 7 (confirmation of orde r made in reciprocating country)—
(a) in subsection (5A) (court to exercise one of its powers under
subsection (5B) upon confirming order)—
(i) for “a magistrates’ court in  England and Wa les” substitute
“the family court”, and
(ii) for “shall” substitute “may”,
(b) in subsection (5B)  (available powers)—
(i) in each of paragraphs (a) and (b) for the words from “the
designated” to “Wales” su bstitute “the court”,
(ii) in paragraph (b) for “59(6) of the Magistrates’ Courts Act
1980” substitute “1(5) of th e Maintenance Enforcement Act
1991”,
(c) in subsection (5C) (decidin g on exercise of powers)— 
(i) for “which of the” substitute “whether to exercise any of its”,
and
(ii) omit “it is to exercise”, andCrime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments203
(d) in subsection (5D) (power to require account to be opened) for
“Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”.
34 In section 8 (enforcement of registered maintenance orders)—
(a) in subsection (3) (offence of not gi ving notice of change of address to
appropriate officer)— 
(i) for “a registered order” subs titute “an order registered in a
court in Northern Ireland”, and
(ii) for “appropriate officer of the registering” substitute “clerk of
that”,
(b) omit subsection (3 A) (meaning of “appropriate officer”),
(c) omit subsections (4) to (4B) (enf orcement by magistrates’ courts in
England and Wales), and
(d) in subsection (5) (mag istrates’ court to take prescribed steps) for
“The magistrates’ court” substitute “A magistrates’ court in
Northern Ireland”.
35 Omit section 9(1ZA) (modification of section 60 of Magistrates’ Courts Act
1980 in relation to registered order).
36 In section 10(3) (transfer to  other magistrates’ court)—
(a) after “magistrates’ court”, in th e first place, insert “in Northern
Ireland”, and
(b) for the words from “that part” to “court is ” substitute  “Northern
Ireland”.
37 (1) In section 14(3) (compelling attendance of witnesses etc)—
(a) for the words from “Section” to “1 980” substitute “Articles 118(1), (3)
and (4), 119 and 120 of the Magistrates’ Courts (Northern Ireland)
Order 1981”, and
(b) after “a magistrates’ court”  insert “in Northern Ireland”.
(2) Omit section 14(6) (Norther n Ireland: modifications).
38 In section 17 (proceedings in magistrates’ courts)—
(a) in subsection (4) (courts in same area have same jurisdiction)— 
(i) after “magistrates ’ court”, in the firs t place, insert “in
Northern Ireland”,
(ii) omit the words from “acting”, in the first place, to “Northern
Ireland,”, and
(iii) for “district)” su bstitute “district”,
(b) in subsection (5A) (jurisdict ion where respondent resides in
reciprocating country) for “a ma gistrates’ court in England and
Wales”, in both places, and for “such a court”, substitute “the family
court”, and
(c) in subsection (7) (p roceedings in absence of respondent) for “a
magistrates’ court”, in both places, substitute “the family court in
England and Wales or a magistrate s’ court in Northern Ireland”.
39 (1) Section 18 (magistrates’ cour ts rules) is amended as follows.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments204
(2) Before subsection (1) insert—
“(A1) Rules of court may make provis ion with respect to the matters that
would be mentioned in any of paragraphs (b), (c), (e) and (f) of
subsection (1) if references in those paragraphs to a magistrates’
court, or to magistrates’ courts, were references to the family court.”
(3) In subsection (1) (provision whic h may be made in rules of court)— 
(a) for the words before paragraph (a ) substitute “The matters referred
to in subsections (A1)  and (2) are—”, and
(b) in paragraph (a) for “local justic e area”, in both places, substitute
“petty sessions district”.
(4) In subsection (1 A) (further provision about ru les of court in relation to
England and Wales) for “(1)” substitute “(A1)”.
(5) For the title substitu te “Rules of court”.
40 In section 21(1) in the definition of “the  appropriate court”—
(a) after ““the appropri ate court”” insert “—
(a) ”, and
(b) for “Wales or” substitute “Wales means the family court; and
(b) in relation to a person residing or having assets”.
41 (1) Section 23 (orders registered in High Court under Maintenance Orders
(Facilities for Enforcement) Ac t 1920) is amended as follows.
(2) In subsection (1) (orders registered at  time when 1920 Act ceases to apply)—
(a) after “High Court”, in the first place, insert “or the High Court of
Justice in Northern Ireland”,
(b) for “the High Court”, in the seco nd place, substitute “subsection (1A)
applies in relation to the order.
(1A) Where the order was at that time registered in the High
Court, that court may, on an application by the payer or the
payee under the order or of its own motion, transfer the order
to the family court, with a view to the order being registered
in the family court un der this Part of this Act; and where the
order was at that time registered in the High Court of Justice
in Northern Irelan d, that court”,
(c) after “magistrates’ court” insert “in Northern Ireland”, and
(d)  after “registered in th at” insert “magistrates’”.
(3) Before subsection (2) insert—
“(1B) Where the High Court transfers an order to the family court under
this section it shall—
(a) cause a certified copy of the order to be sent to an officer of
the family court, and
(b) cancel the registration of the order in the High Court.”
(4) In subsection (2) (certified  copy to be sent to court which is to register order)
after “High Court”, in the first place, in sert “of Justice in Northern Ireland”.
(5) In subsection (3) (officer to re gister order) omit “appropriate”.
(6) In subsection (4)— Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments205
(a) for “the magistrates’” substitute “a”, and
(b) for “appropriate officer of the co urt” substitute “o fficer registering
it”.
(7) Omit subsection (5) (North ern Ireland: modification).
(8) In subsection (6) (meaning of “a ppropriate officer”) for the words from
“means—” to the end substi tute “, in relation to a magistrates’ court in
Northern Ireland, means the clerk of the court.”
42 In section 26(6)(a) (appropriate officer)  for the words from “the designated”
to the end substitute “an officer of the family court”.
43 In section 27B (sending application to which section 27A applies to
appropriate magistrates’ court)—
(a) in subsection (1) for the word s from “designated” to the end
substitute “family court”,
(b) in subsection (2) (attempt ed service of respondent)—
(i) for “Subject to subsection (4) below, if” substitute “If”,
(ii) for “a magistrates’ court ha ving jurisdiction to hear it”
substitute “the family court”,
(iii) for “designated officer for the” substitute “family”, and
(iv) for “he” substitute “the family court”,
(c) omit subsections (4) and (5) (sendi ng on of application to another
magistrates’ court), and
(d) in the title for “appropriate magistrates’” substitute “family”.
44 In section 27C (applications to which section 27A applies: general)—
(a) in subsection (1) for “a magist rates’” substitute  “the family”,
(b) omit subsection (2) (disapplicat ion of section 59 of Magistrates’
Courts Act 1980),
(c) in subsection (3) (court to exerci se one of its powe rs under subsection
(4) upon making order) fo r “shall” subs titute “may”,
(d) in subsection (4) (available powers)—
(i) in each of paragraphs (a) and (b) for the words from “the
designated” to “Wales” subs titute “the court”, and
(ii) in paragraph (b) for “59(6) of the Magistrates’ Courts Act
1980” substitute “1(5) of th e Maintenance Enforcement Act
1991”,
(e) in subsection (5) (decidin g on exercise of powers)— 
(i) for “which of the” substitute “whether to exercise any of its”,
and
(ii) omit “it is to exercise”,
(f) in subsection (6) (power to re quire account to be opened) for
“Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and
(g) in subsection (7) (registration)—
(i) omit “designated officer for the”, and
(ii) omit “in the court”.
45 In section 28 (applications by spou ses under the Domestic Proceedings and
Magistrates’ Courts Act 1978)—Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments206
(a) in subsection (1) (orders court may make)—
(i) for “The magistrates’ court” substitute “On”, and
(ii) after “1978” insert”,  the family court”, and
(b) in subsection (2) (modifications of 1978 Act)—
(i) in paragraph (a) for “to 27” substitute “, 26”, and
(ii) omit paragraph (b), but not the “and” following it.
46 In section 28A (applications by former spouses under the Domestic
Proceedings and Magistrates’ Courts Act 1978)—
(a) in subsection (2) (jur isdiction of magistrates’ court) for the words
from the beginning to “it” substi tute “The family court shall have
jurisdiction to hear the application”,
(b) in subsection (3) (cou rt’s powers) for “magistr ates’ court hearing the
application” substitute “family court”, and
(c) in subsection (6) (modifications of 1978 Act)—
(i) in paragraph (e) for “and 25 to 28” substitute “25, 26 and 28”,
and
(ii) omit paragraph (f), but not the “and” following it.
47 Section 28B (certain orders under Sche dule 11 to the Children Act 1989 do
not apply) is repealed.
48 (1) Section 32 (transfer of orders) is amended as follows.
(2) In subsection (2) (transfer to other magistrates’ court)—
(a) for “the appropriate officer”, in the first and second places, substitute
“the clerk”,
(b) after “magistrates’ court”, in th e first place, insert “in Northern
Ireland”,
(c) for the words from “that part” to “court is ” substitute  “Northern
Ireland”, and
(d) for “the appropriate officer”, in  the third place, substitute “that
clerk”.
(3) Omit subsection (2A) (meani ng of “appropriate officer”).
(4) In subsection (8) in the defini tion of “the appropriate court”—
(a) after ““the appropri ate court”” insert “—
(a) ”, and
(b) for “Wales or” substitute “Wales, means the family court; and
(b) in relation to a person residing”.
49 In section 33 (enforcement of orders)—
(a) omit subsections (3) an d (3A) (enforcement by magistrates’ courts in
England and Wales),
(b) in subsection (3B) (enforcement by courts of summary jurisdiction in
Northern Ireland) after “jurisdiction”, in the first place, insert “in
Northern Ireland”, and
(c) in subsection (4) (magistrates’ cour t to take prescribed steps) after
“court” insert “in Northern Ireland”.
50 In section 34 (variation and revocation of orders)—
(a) in subsection (1) (pow ers of registering court etc) omit “subsection
(3A) below and”,Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments207
(b) in subsection (3) (officer to whom  application to be sent) for the
words from “shall” to the end substitute “shall—
(a) if the registering court is the family court, send the
application together with any documents
accompanying it to that court;
(b) if the registering court is a magistrates’ court in
Northern Ireland, send th e application together with
any documents accompanying it to the clerk of that
court.”, and
(c) omit subsection (3A) (modificat ion of section 60 of Magistrates’
Courts Act 1980 in relati on to registered orders).
51 (1) Section 34A (variation of orders by magistrates’ cour ts in England and
Wales) is amended as follows.
(2) In subsection (1) (applicat ion of certain provisions)—
(a) for “a magistrates’ court in England and Wales” substitute “the
family court”, and
(b) for paragraph (a) substitute—
“(a) section 1(3A) of the Maintenance Enforcement Act
1991;”.
(3) In subsection (2) (court  may exercise one of powe rs under subsection (3)
upon varying order) for “a magist rates’ court in England and Wales”
substitute “the family court”.
(4) In subsection (3) (available powers)—
(a) in each of paragraphs (a) and (b) for the words from “the designated”
to “Wales” substitute “the court”, and
(b) in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
substitute “1(5) of the Main tenance Enforcement Act 1991”.
(5) Omit subsections (4) to (8) (v ariation by justices’ clerk).
(6) In subsection (9) (decidin g on exercise of powers)—
(a) for “subsections (2) and (8)”  substitute “subsection (2)”,
(b) for “which of the” substitute “whether to exercise any of its”,
(c) omit “it is to exercise”, and
(d) after “debtor” insert “or the creditor”.
(7) In subsection (10) (power to requir e account to be opened) for “Subsection
(4) of section 59 of the Magistrates’ Courts Act 1980” subs titute “Subsection
(6) of section 1 of the Maintenance Enforcement Act 1991”.
(8) In subsection (11) (meaning of “credit or” and “debtor”) for “section 59 of the
Magistrates’ Courts Act 1980” substi tute “section 1 of the Maintenance
Enforcement Act 1991”.
(9) In the title for “magistrates’ cour ts” substitute “the family court”.
52 In section 35 (further provision relating to variation etc of orders by
magistrates’ courts in  England and Wales)—
(a) in subsection (1) (powers exercisa ble notwithstanding that applicant
resides outside England and Wales)  for “a magistrates’ court in
England and Wales” substitu te “the family court”,Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments208
(b) in subsection (2) (p owers under section 34A not exercisable) omit
“, or of the clerk of the court,”,
(c) in subsection (3) (p roceedings in absence of respondent) for “a
magistrates’ court in England and Wales” substitute “the family
court”, and
(d) in the title for “magistrates’ cour ts” substitute “the family court”.
5 3 ( 1 ) S e c t i o n  3 6  ( a d m i s s i b i l i t y  o f  e v i d e n c e  g i v e n  i n  c o n v e n t i o n  c o u n t r y )  i s
amended as follows.
(2) Before subsection (1) insert—
“(A1) A statement contained in a document mentioned in subsection (1)
shall—
(a) in any proceedings in the family court arising out of an
application to which section 27A(1) of this Act applies or an
application made by any person for the variation or
revocation of a registered order, or
(b) in proceedings on appeal  from proceedings within
paragraph (a),
be admissible as evidence of any fact stated to the same extent as oral
evidence of that fact is admissible in those proceedings.”
(3) In subsection (1) (statements ma de in convention country to be
admissible)—
(a) for “A statement contained in—” substitute “The documents referred
to in subsections (A1) and (1A) are—”,
(b) omit the “or” following paragr aph (a) and the “or” following
paragraph (b),
(c) after paragraph (c) insert—
“(1A) A statement contained in a document mentioned in
subsection (1)”,
(d) after “magistrates’ court” insert “in Northern Ireland”, and
(e) omit “an application to which sect ion 27A(1) of this Act applies,”.
54 In section 38 (obtaining evidence  at request of court in convention
country)— 
(a) in subsection (4) (application of provisions of Magistrates’ Courts
Act 1980) for the words from “Section ” to “1980” subs titute “Articles
118(1), (3) and (4), 119 and 120 of the Magistrates’ Courts (Northern
Ireland) Order 1981”,
(b) in subsection (4) afte r “a magistrates’ court” insert “in Northern
Ireland”, and
(c) omit subsection (6) (North ern Ireland: modifications).
55 In section 38A(1) (rules of court) after “done by” insert “the family court or”.
5 6 I n  s e c t i o n  4 2  ( p r o v i s i o n a l  o r d e r  t o  c e a s e  t o  h a v e  e f f e c t  o n  r e m a r r i a g e )  i n
subsection (1) and in the title omit “magistrates’”.
57 In section 47(3) (interpret ation: jurisdiction of magistrates’ courts) for the
words from “construed—” to “in relation to”, in the second place, substitute
“construed in relation to”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments209
Matrimonial Causes Act 1973 (c. 18)
58 The Matrimonial Causes Act 1973 is amended as follows.
59 In section 4(4)(a) (perio ds which may be treated fo r the purposes of section
1(2)(c) as periods during which the respondent has deserted the petitioner)
for “or a county court” substitute “, the family court or the county court”.
60 In section 32(1) (arrears more than 12 months old not to be enforced without
court’s permission) for “any county co urt” substitute “the family court”.
61 (1) Section 33 (orders for repayment of sums paid under certain orders) is
amended as follows.
(2) In subsection (4) (application for repa yment may be made in proceedings for
variation, discharge or enforcement of  order, or to county court) for “a
county court”, in each place, substitute “the family court”.
(3) Omit subsection (5) (no limits on jurisdicti on of county court under
subsection (4)).
62 (1) Section 35 (alterations of maintenance agreements where both parties are
living) is amended as follows.
(2) In subsection (1) (application for alte ration may be made to the court or a
magistrates’ court) omit “or to a magistrates’ court”.
(3) In subsection (2) (which refers to the court to which an application for an
alteration is made)—
(a) in the words before paragraph (a) omit “to which the application is
made”,
(b) for “subsections (3),” subs titute “subsections “, and
(c) for “that court”, in both pl aces, substitute “the court”.
(4) Omit subsection (3 ) (limits on powers of magistrates’ court to deal with
applications for alterations).
(5) In subsections (4) and (5) for “a  court” substitute “the court”.
63 (1) Section 36 (alterations of maintenance agreements after death of one party)
is amended as follows.
(2) In subsection (1) (application for alte ration may be made to High Court or
county court) omit the words from “High” to “county”.
(3) In subsection (2) (court’s  permission needed to make late application) omit
the words from “High” to “county”.
(4) Omit subsections (3) and (7) (pow ers of county court to deal with
applications for alterations).
(5) In subsections (4) and (5) for “a  court” substitute “the court”.
64 (1) Section 38 (orders for repayment of  periodical payments  mistakenly made)
is amended as follows.
(2) In subsection (2) (powers of the cour t when dealing with an application for
repayment) after “On an application unde r this section the court” insert “to
which the application is made”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments210
(3) In subsection (3) (application for re payment may be made in enforcement
proceedings, or to county court) fo r “a county court”, in each place,
substitute “the family court”.
(4) Omit subsection (4) (no limits on jurisdicti on of county court under
subsection (3)).
(5) In subsection (6) ( liability of court officers in respect of orders for periodical
payments)—
(a) in the words before paragraph (a) for “The designated officer for a
magistrates’ court to whom any payments under a payments order
are required to be made,” substitute “An officer of the family court,”,
and
(b) in paragraph (a)—
(i) for “the designated officer, ” substitute “an officer of the
family court,”, and
(ii) for “in pursuance of the pa yments order” substitute “, in
pursuance of a payments orde r requiring payments to be
made to the court or an officer of the court,”.
(6) In subsection (7) (meaning of “colle cting officer”) for “the registrar of a
county court or the designated officer of  a magistrates’ court” substitute “or
the officer of the family court,”.
65 (1) In section 52(1) (interpretation of th e Act) for the definition of “the court”
substitute—
““the court” (except where the context otherwise requires)
means the High Court or the family court;”.
(2) The amendment made by  sub-paragraph (1) does not apply for the purposes
of interpreting references to “the court”  in paragraph 14 of Schedule 1 to the
Matrimonial Causes Act 1973.
Domicile and Matrimonial Pr oceedings Act 1973 (c. 45)
66 (1) Section 5 of the Domicile an d Matrimonial Proceedings Act 1973
(jurisdiction of High Court and county  court to entertain proceedings for
divorce, judicial separation or nullit y of marriage) is amended as follows.
(2) In subsection (1A) (interpretation) in  the definition of “the court” for the
words after “High Court” substitute “and the family court”.
(3) In the side-note for “county co urts” substitute “family court”.
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
67 The Domestic Proceedings and Magistrates’ Courts Act 1978 is amended as
follows.
68 In section 1 (grounds of applicatio n to magistrates’ court for order for
financial provision) for “a magistrates’ court” substitute “t he family court”.
69 In section 6(1) (application for order for payments agreed between parties to
a marriage) for “a magistrates’ cour t” substitute “the family court”.
70 In section 7(1) (powers of court where parties living apart by agreement) for
“a magistrates’ court” substitute “the family court”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments211
71 (1) Section 19 (interim maintena nce orders) is amended as follows.
(2) In subsection (1) (courts’ powers)—
(a) in paragraph (a)—
(i) for “the magistrates’ court” su bstitute “the fa mily court”, and
(ii) omit the words from “or on refusing” to the end; and
(b) omit paragraphs (b) and (c) (Hig h Court and county court powers).
(3) In subsection (3) (date from which payment may be required to be made)
omit the words after “section  2, 6 or 7 of this Act”.
(4) In subsection (5)(c) (interim order ce ases to have effect  on final order of
magistrates’ court or dismissal of application) for “a magistrates’ court”
substitute “the family court”.
(5) In subsection (6) (interim order may be  continued in force by order of court)
for the words from “the magistrates’ court which made the order” to
“reheard,” substitute “the family court”.
(6) Omit subsection (9) (interim order of High  Court or county court on
ordering rehearing by magistrates’ cour t to be treated, for certain purposes,
as an order of that magistrates’ court).
72 In section 20 (variation, revival an d revocation of orders for periodical
payments) in each of subsections (1) to  (3) and (5) for “a magistrates’ court”
substitute “the family court”.
73 (1) Section 20ZA (variation of orde rs for periodical payments: further
provision) is amended as follows.
(2) In subsections (1) and (7 ) (making provision as to  payment when exercising
power to vary) for “paragraphs (a) to (d ) of section 59(3) of the Magistrates’
Courts Act 1980” substitute “section  1(4) and (4A) of the Maintenance
Enforcement Act 1991”.
(3) Omit subsections (2) to (5) and (9) (pow er of justices’ clerk to vary order).
(4) In subsection (6) (power to require account to be opened)—
(a) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and
(b) for “subsections (1) and (5)”  substitute “subsection (1)”.
(5) Omit subsection (8) (duty to exer cise powers in particular way).
(6) In subsection (10) (powers under sectio n only exercisable if payer resident in
England and Wales)—
(a) omit “, or of a justices’ clerk,”, and
(b) for the words from “w hich” to the end substitu te “unless, at the time
when the order was made, the pe rson required to make the
payments was ordinarily resi dent in England and Wales.”
74 In section 20A(1) (application by ch ild for revival of periodical payments
order)—
(a) in the words before paragraph (a), for “a magistrates’ court”
substitute “the family court”, and
(b) in the words after paragraph (b ) omit “which made the order”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments212
75 Omit section 22 (variation of instalments of lump sum).
76 Omit section 23(2) (certa in powers of a magistrates’ court do not apply to
orders under Part 1).
77 In section 25(4) (magistrates’ court’ s power to determine date on which
order ceased to have effect because the parties were living together) for “a
magistrates’ court” substi tute “the family court”.
78 Section 27 (refusal of order in case mo re suitable for High Court) is repealed.
79 (1) Section 28 (powers of High Court an d county court relation to certain orders
under Part 1) is amended as follows.
(2) In subsection (1) (power of High Court or county court in matrimonial
p r o c e e d i n g s  t o  d i r e c t  t h a t  o r d e r  o f  m a g i s t r a t e s ’  c o u r t  i s  t o  c e a s e  t o  h a v e
effect)—
(a) for “making by a magistrates’ court” substitute “making by the
family court”,
(b) for “a county court” substitute “the family court”, and
(c) for “made by a magistrates’ cour t” substitute “under this Part”.
(3) In subsection (3)— 
(a) for “a county court” substitute “the family court”,
(b) for “a magistrates’ court” substitute “the family court”.
80 Section 29 (appeals) is repealed.
81 (1) Section 30 (provisions as to jurisdiction and procedure) is amended as
follows.
(2) Omit subsections (1) and (1A) (limits on  jurisdiction of magistrates’ courts to
deal with applications under Part 1).
(3) In subsection (5) (jurisdiction of magistrates’ court under Part 1 exercisable
notwithstanding that a party to procee dings is not domici led in England and
Wales) for “a magistrates’ court” substitute “the family court”.
(4) Omit subsection (6) (interpretat ion of subsections (1) and (1A)).
82 Section 31 (constitution of courts) is repealed.
83 (1) Section 32 (enforcement etc of orde rs for payment of money) is amended as
follows.
(2) Omit subsection (1) (order  under Part 1 to be enforced as a magistrates’ court
maintenance order).
(3) In subsection (2) (power to order pa yment to a person on another’s behalf)—
(a) for the words from the beginning to “a magistrates’ court making”
substitute “The family court when making”, and
(b) omit the words after “to that other person”.
(4) In subsection (4) (arrears more t han 12 months old not to be enforced
without court’s permission) for “Hig h Court or any county” substitute
“family”.
84 (1) Section 35 (orders for repayment in ce rtain cases of sums paid after cessation
of order by reason of remarriage or  formation of civil partnership) is
amended as follows.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments213
(2) In subsection (1) (circumstances in which court may exercise powers under
subsection (2)) for “the court” substitute “the family court”.
(3) In subsection (2) (power  to order repayment or partial repayment, or to
dismiss application) for “The court”  substitute “The family court”.
(4) In subsection (4) (application to be made in enforcement proceedings, or to
county court)—
(a) for “shall be made to a county cour t, except that su ch an application
may” substitute “may (but need not)”,
(b) omit “in the High Court or a county court”, and
(c) omit the words after “of this Act”.
(5) Omit subsection (6) (no limits on jurisdicti on of county court under
subsection (4)).
(6) In subsection (7) (liab ility of court officers)—
(a) in the words before paragraph (a)—
(i) for “The designated officer for a magistrates’ court to whom
any payments under an order ma de under section 2(1)(a), 6
o r  7  o f  t h i s  A c t  a r e  r e q u i r e d  t o  b e  m a d e , ”  s u b s t i t u t e  “ A n
officer of the family court,”, and
(ii) for “the first-mentioned or der” substitute “an order made
under section 2(1)(a), 6 or 7 of this Act”,
(b) in paragraph (a)—
(i) for “the designated officer, ” substitute “an officer of the
family court,”, and
(ii) for “in pursuance of the fi rst mentioned order” substitute
“, in pursuance of an order made under section 2(1)(a), 6 or 7
of this Act requiring payments to be made to the court or an
officer of the court,”, and
(c) in the words after paragraph (b) fo r “first mentioned order”, in both
places, substitute “order made under section 2(1)(a), 6 or 7 of this
Act”.
85 In section 88 (interpretation)—
(a) in subsection (1) (defined ter ms), omit the definitions of “family
proceedings” and “magistrates’ court maintenance order”, and
(b) omit subsection (4) (powers of magistrates’ courts acting in a local
justice area).
Civil Jurisdiction and Judgments Act 1982 (c. 27)
86 (1) The Civil Jurisdiction and Judgments Act is amended as follows.
(2) In the second sentence of section 5(1) (enforcement of maintenance orders
under 1968 Convention) after “Article 32” insert “but, if the appropriate
court is a magistrates’ co urt in England and Wales, the Lord Chancellor is to
transmit the application to the family court”.
(3) In section 5(2) (determination of tran smitted application) for “officer of that
court” substitute “officer—
(a) of the family court if the application is transmitted to that
court, orCrime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments214
(b) in any other case, of the cour t having jurisdiction in the
matter”.
(4) Omit section 5(5A) to (5C) (enforceme nt in magistrates’ courts in England
and Wales).
(5) In section 5(7) omit “England and Wales or”.
(6) In section 5(8) omit paragraph (a) (including the “and” at the end).
(7) In the second sentence of section 5A(1) (enforcement of maintenance orders
under the Lugano Convention of 2007) after “Article 39” insert “but, if the
appropriate court is a magistrates’ court in England and Wales, the Lord
Chancellor is to tran smit the application to the family court”.
(8) In section 5A(2) (determination of tr ansmitted application) for “officer of”
substitute “officer—
(a) of the family court if the application is transmitted to that
court, or
(b) in any other case, of”.
(9) Omit section 5A(5) (enf orcement in magistrates’ courts in England and
Wales).
(10) In section 5A(7) omit “England and Wales or”.
(11) In section 5A(9) omit  paragraph (a) (including the “and” at the end).
(12) Omit sections 6(3)(a) and 6A(3)(a) (appeals in England and Wales).
(13) In section 7(4) (interest on arrears)—
(a) omit “England and Wales or”,
(b) omit “section 2A of the Maintenance Orders Act 1958 or”, and
(c) for “enable” substitute “enables”.
(14) In section 15(3) (jurisdict ion of magistrates’ courts)—
(a) after “particular magistrates’ co urt” insert “in Northern Ireland”,
and
(b) for “in the same local justice area  (or, in Northern Ireland, for the
same petty sessions district)” substitute “for the same petty sessions
district”.
(15) In section 36(1)(b) (reg istration of maintenance orders) for “county court
order, a magistrates’” substitute “family”.
(16) In section 48(3) (rules of cour t relating to maintenance orders)—
(a) in the words before paragrap h (a) for “magistrates’ courts,”
substitute “the family court, the power to make rules of court for
magistrates’ courts in Northern Ireland,”,
(b) in paragraphs (a) and (g) after “pur poses of” insert “the family court
or”, and
(c) in paragraphs (f) and (h) after “whi ch” insert “the family court or”.
(17) In section 50 (interpretation) in  the definition of “court of law”—
(a) after paragraph (a) insert—
“(aa) in England and Wales, th e Court of Appeal, the High
Court, the Crown Court, the family court, the county
court and a magistrates’ court,”, andCrime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments215
(b) in paragraph (b) omit “England and Wales or”.
Matrimonial and Family P roceedings Act 1984 (c. 42)
87 The Matrimonial and Family Proceedings Act 1984 is amended as follows.
88 In section 27 (interpretation of Part 3: financial relief in England and Wales
after overseas divorce etc) in the defini tion of “the court” for the words after
“High Court or” substitute  “the family court”.
89 In section 32 (meaning of “family business” etc) omit the definitions of “civil
partnership cause” and “the 1973 Act”.
90 Sections 33 to 36D (jurisdiction of co unty court in matrimonial causes and
civil partnership ca uses) are repealed.
91 In section 37 (directions as to dist ribution and transfer of family business
and proceedings between the High Co urt and county court) for “county
courts” substitute “t he family court”.
92 (1) Section 38 (transfer of family proc eedings from High Court to county court)
is amended as follows.
(2) In subsection (1) (High Court’s power to transfer proceedings) for “a county
court” substitute “the family court.”
(3) In subsection (2) (proceedings whic h are transferable under the section)—
(a) in the words before paragraph (a),  for “to a county court” substitute
“to the family court”,
(b) in paragraph (a) (proceedings commenced in High Court that are
within jurisdiction of county court) for the words after “jurisdiction
of” substitute “the family court”, and
(c) in paragraph (c) (cer tain proceedings transferred to the High Court)
omit the words from “from” to “county court”.
(4) Omit subsections (3 ) to (3B) (identifying county court to which transfer to be
made).
(5) In subsection (5) (trans feree court has jurisdiction), in the words before
paragraph (a), for the words after “to” substitute “the family court under this
section, the family court—”.
(6) In the heading omit “to county court”.
93 (1) Section 39 (transfer of family proc eedings to High Court from county court)
is amended as follows.
(2) In subsection (1) (power to transfer) for “a county court, the county court
may,” substitute “the family court, the family court may,”.
(3) In subsection (2) (proce edings which are transferab le under the section) for
paragraphs (a) an d (b) substitute—
“(a) all family proceedings commen ced in the family court which
are within the jurisdiction  of the High Court, and
(b) all family proceedings transferred from the High Court
under section 38 above.”
(4) In the heading omit “from county court”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments216
94 Section 42 (county court proceeding s in principal registry of Family
Division) is repealed.
Family Law Act 1986 (c. 55)
95 The Family Law Act 1986 is amended as follows.
96 In section 55(1) (applicat ion for declaration as to marital status may be made
to High Court or county court) for “a county court” substitute “the family
court”.
97 In section 55A(1) (application for declaration of parentage may be made to
High Court, county court or magistrates’ court) for “, a county court or a
magistrates’ court” substitute “or the family court”.
98 (1) Section 56 (declarations of legitimacy  or legitimation) is  amended as follows.
(2) In subsection (1) (application for decl aration of legitimacy may be made to
High Court or county court) for “a co unty court” substitute “the family
court”.
(3) In subsection (2) (application for decl aration of legitimation may be made to
High Court or county court) for “a co unty court” substitute “the family
court”.
99 In section 57(1) (application for declar ation as to adoption effected overseas
may be made to High Court or county court) for “a county  court” substitute
“the family court”.
100 Omit section 60(5) (appeals in relation to magistrates’ courts declarations
under section 55A).
Matrimonial Proceedings (Transfers) Act 1988 (c. 18)
101 In section 1(1) of the Matrimonial Proceedings (Transfers) Act 1988 (which
modifies section 38 of the Matrimonial and Family Proceedings Act 1984
(“the 1984 Act”)), in the paragraph (d) to have effect as if inserted into section
38(2) of the 1984 Act, after “from” insert “the family court or”.
Children Act 1989 (c. 41)
102 The Children Act 1989 is amended as follows.
103 Omit section 11J(13) (secti on 11J is without prejudice to section 63(3) of the
Magistrates’ Courts Act 1980 as it a pplies in relation to contact orders).
104 In section 14(1) (enforcement of residence orders in magistrates’ courts) omit
“under section 63(3) of the Magistrates’ Courts Act 1980”.
105 Omit section 15(2) (disapplication of powers of magistrates’ courts in
relation to maintenance orders).
106 In section 38B(4) (court’s power to a ccept undertaking relating to interim
care order is without prejudice to other powers of High Court and county
court) for “county court” substitute “family court”.
107 In section 44B(4) (court’s power to accept undertaking relating to emergency
protection order is without prejudice to other powers of High Court and
county court) for “county cour t” substitute “family court”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments217
108 In section 83(5) (directi on to obtain information for research purposes) for
“the designated officer for each magistrates’ court to which the direction is
expressed to relate” substitute “an officer of the family court”.
109 (1) Section 92 (jurisdiction of courts) is amended as follows.
(2) Omit subsections (1) to (5) (which  relate to family proceedings in
magistrates’ courts).
(3) Omit subsection (6) (which intr oduces Part 1 of Schedule 11).
(4) In subsection (7) (meaning  of “the court”) for “the High Court, a county court
or a magistrates’ court” substitute “the High Court or the family court”.
(5) In subsection (8) (which  qualifies subsec tion (7)) omit the words from “the
provision” to “Schedule 11 and to”.
(6) Omit subsections (9) to (10A) (Lord Ch ancellor’s power by order to provide
for principal registry of Family Divisi on of High Court to be treated as a
county court for specified purposes).
110 In section 93(2) omit paragraphs (d),  (f), (g), (i) and (j) (rules of court:
magistrates’ courts).
111 Section 94 (appeals) is repealed.
112 Schedule 1 (financial provision fo r children) is amended as follows.
113 In paragraph 1(1) (financial provision for children: orders against parents)—
(a) for “may—” substitute “may make one or more of the orders
mentioned in sub-paragraph (2).”, and
(b) omit paragraphs (a) and (b).
114 In paragraph 5 (provisions relating to lump sums), omit sub-paragraphs (2)
and (4) (limits on amounts which may be ordered by magistrates’ courts).
115 (1) Paragraph 6A (variation etc of orde rs for periodical pa yments) is amended
as follows.
(2) In sub-paragraph (1)—
(a) for “a magistrates’” subs titute “the family”, and
(b) for “sub-paragraphs (7) and (8)”  substitute “sub -paragraph (7)”.
(3) In sub-paragraphs (1) and (7) (m aking provision as to payment when
exercising power to vary) for “paragraph s (a) to (d) of section 59(3) of the
Magistrates’ Courts Act 1980” substitu te “section 1(4) and (4A) of the
Maintenance Enforcement Act 1991”.
(4) Omit sub-paragraphs (2) to (5) and (10) (power of justices’ clerk to vary
order).
(5) In sub-paragraph (6) (power to  require account to be opened)—
(a) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and
(b) for “sub-paragraphs (1) and (5)”  substitute “sub -paragraph (1)”.
(6) Omit sub-paragraph (8) (duty to ex ercise powers in particular way).Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments218
(7) In sub-paragraph (9) (powers under paragraph only exercisable if payer
resident in England and Wales)—
(a) omit “, or of a justices’ clerk,”, and
(b) for the words from “which” to end substitute “unless at the time
when the order was made the person  required to make the payments
was ordinarily resident in England and Wales.”
116 Omit paragraph 10(6) (limits on powers  of magistrates’ courts to deal with
applications for alteration of maintenance agreements).
117 In paragraph 11 (alteration of maintenance agreement after death of one of
the parties)—
(a) in sub-paragraph (1) (application to be made to High Court or
county court) for “a county court” substitute “the family court”,
(b) in sub-paragraph (3) (power of  High Court and county court to
extend time limit for application) fo r “a county court” substitute “the
family court”, and
(c) omit sub-paragraph (5) (limits on  jurisdiction of county court).
118 In paragraph 12 (enforcement of orders for maintenance)—
(a) in sub-paragraph (1) (person obliged to make maintenance
payments to give notice of change  of address to person specified in
magistrates’ court order) for “a ma gistrates’ court” substitute “the
family court”, and
(b) omit sub-paragraph (3) (enforcement  of orders made by magistrates’
courts).
119 In paragraph 13 (High Court or county court may order settlement of
instrument by conveyancing counsel) for “a county court” substitute “the
family court”.
120 Omit paragraph 24(1) of Schedule 2 (enforcement of contribution orders
made by magistrates’ courts).
121 Omit Part 1 of Schedule 11 (jurisdiction).
Child Support Act 1991 (c. 48)
122 The Child Support Act 1991 is amended as follows.
123 In section 10(5) (magistrates’ court rules: statements as to maintenance
assessments)—
(a) for “may be made under section 144 of the Magistrates’ Courts Act
1980 (rules of procedure) requ iring” substitute “of court may
require”, and
(b) for “a magistrates’ court” substitute “the family court”.
124 In section 32L(10) (orders preventing avoidance: interpretation), in
paragraph (a) of the definition of “the court”, after “High Court” insert “or
the family court”.
125 In section 45(2)(a) (power of Lord Ch ancellor to provide for certain appeals
to be made to a court: meaning of “court”) for the words after “England and
Wales” substitute “, the High Court or the family court; and”.
126 In section 48(1) (rights of audience for authorised officer of Commission)
after “before” insert “the family court or”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments219
Criminal Justice Act 1991 (c. 53)
127 In section 60(3) of the Criminal Just ice Act 1991 (applications under section
25 of Children Act 1989 in certain cases) for “92(2) of that Act or section 65 of
the 1980” substitute “92(7) of that”.
Social Security Administration Act 1992 (c. 5)
128 (1) In section 106 of the Social Securi ty Administration Act 1992 (recovery of
expenditure on benefit from pe rson liable for maintenance)—
(a) in subsections (1) and (2) for “a complaint” substitute “an
application”,
(b) in subsection (1) (com plaint by Secretary of State to magistrates’
court) for “a magistrates’ court”  substitute “the family court”,
(c) in subsection (3) for “compl aint” substitute “application”,
(d) omit subsection (5) (enforcement of orders made by magistrates’
courts), and
(e) in subsection (6) (application to Scotland) for the words after
“Scotland,” substitute “for the refe rences to the fa mily court there
shall be substituted references to the sheriff.”
(2) The amendments made by sub-paragr aph (1) cease to have effect on the
coming into force of the repeal of  section 106 of the Social Security
Administration Act 1992 by Schedule  7 to the Welfare Reform Act 2009.
Family Law Act 1996 (c. 27)
129 The Family Law Act 1996  is amended as follows.
130 In section 45(2)(c) (ex parte orders : prejudice resulting from delay in
effecting service) for the words from “involved—” to “case,” substitute
“involved”.
131 In section 46(5) (power to accept un dertaking instead of making occupation
or non-molestation order does not affect other powers of High Court and
county court) for “the county cour t” substitute “the family court”.
132 In section 47 (arrest for breach of order)—
(a) in subsection (11) (whi ch introduces Schedule 5) for “a county court”
substitute “the family court”, and
(b) in subsection (12) (requirements to prevent person granted bail,
following alleged breach of order,  from interferin g with witnesses
etc) omit “(whether in the High Court or a county court under
Schedule 5 or in a magistrates’ court under section 128 or 129 of the
Magistrates’ Courts Act 1980)”.
133 Section 50 (power of magistrates’ court to suspend execution of a committal
order) is repealed.
134 Section 51 (power of magistrates’ court to order hospital admission or
guardianship) is repealed.
135 (1) Section 57 (jurisdiction of courts under Part 4) is amended as follows.
(2) In subsection (1) (default meaning of  “the court”) for “the High Court, a
county court or a magistrates’ court”  substitute “the High Court or the
family court”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments220
(3) Omit subsections (2) to (12) (juris diction: Lord Chancellor’s powers).
136 Section 59 (jurisdiction of magistrates’ courts under Part 4) is repealed.
137 Section 61 (appeals) is repealed.
138 In section 63(1) (interpretation of Part 4), in the definition of “the relevant
judicial authority”, for paragr aphs (b) and (c) substitute—
“(aa) where the order was made by the family court, a judge of that
court.”
139 (1) Section 63M (jurisdiction of courts under Part 4A) is amended as follows.
(2) In subsection (1) (defau lt meaning of “the court”) for “a county court”
substitute “the family court”.
(3) Omit subsections (2) to (4) (applic ation of section 57(3) to (12) with
modification).
140 Section 63N (power to extend jurisdicti on to magistrates’ courts) is repealed.
141 Section 63P (appeals: Part 4A) is repealed.
142 In section 63S (interpretation of Part 4A) in the definition of “the relevant
judge”, in paragraph (b) for the words after “where the order was made by”
substitute “the family court, a judge of that court.”
143 In section 65 (rules, regulations and orders)—
(a) in subsection (3) omit “, 63N”, and
(b) in subsection (4) omit “or 63N”.
144 (1) Paragraph 1 of Schedule 5 (powers to remand: meaning of “the court”) is
amended as follows.
(2) In the words before paragraph (a) for “a  county court” substitute “the family
court”.
(3) In paragraph (b) for the words after “i n relation to” substitute “the family
court, a judge of that court.”
145 In paragraph 1 of Schedule 7 (transfer of certain tenancies on divorce etc or
on separation of cohabitants: interpreta tion) for the definition of “the court”
substitute—
““the court” means the High Court or the family court,”.
Crime and Disorder Act 1998 (c. 37)
146 The Crime and Disorder Act 1998 is amended as follows.
147 (1) Section 11 (child safety orders) is amended as follows.
(2) In subsection (1) (application to magist rates’ court for child safety order) for
“a magistrates’ court” substitute “the family court”.
(3) In subsection (6) (proceedings for chil d safety order to be family proceedings
for the purposes of certain enactm ents) omit “or section 65 of the
Magistrates’ Courts Act 1980 (“the 1980 Act”)”.
148 (1) Section 12 (child safety orders: supplemental) is amended as follows.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments221
(2) In subsection (1) (information to be  obtained by magistrates’ court before
making child safety order) for “a magistrates’ court” substitute “the family
court”.
(3) In subsection (2) (explanation to be given by magistrates’ court to parent or
guardian) for “a magistrates’ court”  substitute “the family court”.
(4) In subsection (6) (power s of magistrates’ court where child has failed to
comply with child safety order) omit “or another magistrates’ court acting in
the same local justice area”.
149 Omit section 13 (appeals to county court against child safety orders).
150 In section 13B(7) (parental compensati on orders: offence) for “the 1980 Act”
substitute “the Magistrates’ Courts Act 1980 (“the 1980 Act”)”.
Adoption and Children Act 2002
151 The Adoption and Children Act 2002 is amended as follows.
152 In section 13 (information concerning adoption)—
(a) in subsection (2) (court officers who are to provide information) for
paragraphs (a) and  (b) substitute—
“(aa) the relevant officer of the family court, and”
(b) in subsection (3) (meani ng of “relevant officer”  in relation to county
court and High Court) for “a co unty” substitute “the family”.
153 Omit section 55(2) (revocation of adop tions on legitimation: interpretation in
relation to magistrates’ courts).
154 In section 60 (disclosure of information to adopted adult)—
(a) in subsection (2)(a) (High Co urt power by order to prohibit
disclosure) after “High Court” insert “or family court”,
(b) in subsection (3) (supplementa ry provision about orders under
subsection (2)(a)) after “High Cour t” insert “or family court”.
155 In section 92(1) (steps which may not be taken except by an adoption agency
or in pursuance of High Court order) after “High Court” insert “or the family
court”.
156 In section 95(1)(d) (offences rela ting to payment for steps taken in
contravention of section 92(1)) after “High Court” insert “or family court”.
157 In section 101(1) (proceedings in High Court or county court may be heard
in private) for “a County Court”  substitute “the  family court”.
158 Omit section 141(5) (rules of procedure: magistrates’ courts).
159 In section 144(1) (interpretation), fo r the definition of “court” substitute—
““court” means the High Court or the family court,”
Gender Recognition Act 2004 (c. 7)
160 In section 8 of the Gender Recognition Act 2004 (appeals against decision of
Gender Recognition Panel etc) in subsections (1) and (5) after “High Court”
insert “, family court”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments222
Civil Partnership Act 2004 (c. 33)
161 The Civil Partnership Act 2004 is amended as follows.
162 For section 37(4)(b) (in Chapter 2 of Pa rt 2 “the court” includes certain county
courts) substitute—
“(b) the family court.”
163 In section 46(5)(a) (periods which may be treated for the purposes of section
44(5)(d) as periods during which respon dent has deserted applicant) for “or
a county court” substitute “, the family court or the county court”.
164 In section 58 (application for declaration may be made to High Court or
county court) for “a county court” substitute “the family court”.
165 (1) Section 66 (disputes between civil partners about property) is amended as
follows.
(2) For subsection (1)(b) (a pplication may be made to county court prescribed
by rules of court) substitute—
“(b) the family court.”
(3) Omit subsection (3) (no limits on jurisdicti on of county court under
subsection (2)).
166 For section 220(b) (in sections 221 to 224 “the court” includes certain county
courts) substitute—
“(b) the family court.”
167 (1) Part 2 of Schedule 1 (special prov isions about civil partnerships which are
prohibited unless paragraph 2(1) condit ions are met) is amended as follows.
(2) In paragraph 6(2) (civil partnership schedule not to be issued if alleged that
paragraph 2(1) conditions not met, unless High Court declaration obtained
under paragraph 7) omit “High Court”.
(3) In paragraph 7 (application to High Court for declaration) after “High
Court” insert “or the family court”.
168 (1) Paragraph 15 of Schedule 2 (civil partnership of persons aged 16 or 17:
meaning of “the court” and provision about rules of court) is amended as
follows.
(2) In sub-paragraph (1) (“the court” includes certain county courts and
magistrates’ courts)—
(a) after paragraph (a ) insert “or”, and
(b) for paragraphs (b ) and (c) substitute—
“(c) the family court.”
(3) In sub-paragraph (2) (rules of court)—
(a) omit paragraph (b), and
(b) in paragraph (c) for “a magistrate s’ court” substitute “the family
court”.
169 Schedule 5 (financial relief in the Hi gh Court or a county court etc) is
amended as follows.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments223
170 In paragraph 63(2) (payment of certain arrears under certain orders
unenforceable without leave of the cour t) for “any county court” substitute
“the family court”.
171 (1) Paragraph 64 (orders for repaymen t in certain cases of sums paid under
certain orders) is amended as follows.
(2) In sub-paragraph (7) (application may be  made in certain proceedings, or to
county court) for “a county court”, in  each place, substitute “the family
court”.
(3) Omit sub-paragraph (8) (n o limits on jurisdiction of county court under sub-
paragraph (7)). 
172 (1) Paragraph 65 (orders for repayment in certain cases of sums paid after
cessation of order by reason of format ion of subsequent civil partnership or
marriage) is amended as follows.
(2) In sub-paragraph (6) (application may be  made in certain proceedings, or to
county court) for “a county court”, in  each place, substitute “the family
court”.
(3) Omit sub-paragraph (7) (n o limits on jurisdiction of county court under sub-
paragraph (6)).
(4) In sub-paragraph (8)(a) (liability of co urt officers in respect of orders for
periodical payments)—
(a) for “the designated officer for a magistrates’ court to whom any
payments under a payments orde r are required to be made”
substitute “an officer of  the family court”, and
(b) for “in pursuance of the payments  order” substitute “, in pursuance
of a payments order requiring paym ents to be made to the court or
an officer of the court,”.
(5) In sub-paragraph (10) (interpretation)  for paragraphs (b ) and (c) substitute
“or
(aa) the officer of the family court,”.
173 In paragraph 69 (alteration of main tenance agreements where both parties
are living)—
(a) in sub-paragraph (1) (courts to wh ich application for alteration may
be made) omit “or, subject to su b-paragraph (6), to a magistrates
court”, and
(b) in sub-paragraph (6) (power to make  order for alteration is subject to
paragraphs 70 and 71) for “paragraphs 70 and” substitute
“paragraph”.
174 Omit paragraph 70 (limits on powers of magistrates’ court to deal with
applications for alterations).
175 In paragraph 73 (alterations of maintenance agreements after death of one
party)—
(a) in sub-paragraph (2) (application fo r alteration may be made to High
Court or county court) omit the wo rds from “High” to “county”, and
(b) in sub-paragraph (4) (court’s permission needed to make late
application) omit the words from “High” to “county”.
176 For paragraph 80(3)(b) (in Schedule 5 “the court” includes certain countyCrime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments224
courts) substitute—
“(b) the family court.”
177 For the Schedule title substitute “Fin ancial relief: provision corresponding to
provision made by Part 2 of th e Matrimonial Causes Act 1973”.
178 Schedule 6 (financial relief in magistra tes’ courts etc) is amended as follows.
179 In paragraph 1(1) (grounds of application to magistrates’ court for order for
financial provision) for “a magistrates’ court” substitute “t he family court”.
180 Omit paragraph 8 (refusal of order in case more suitable for High Court).
181 In paragraph 9(1) (application for order for payments agreed between
parties to a civil partnership) for “a magistrates’ court” substitute “the family
court”.
182 In paragraph 15(1) (powers of court where parties living apart by
agreement) for “a magistrates’ cour t” substitute “the  family court”.
183 (1) Paragraph 20 (circumstances in which interim orders may be made) is
amended as follows.
(2) In sub-paragraph (2) (circumstances in which magistrates’ court may make
order)— 
(a) for “A magistrates’ court” su bstitute “The family court”, and
(b) omit paragraph (b) (interim order may be made on refusal of order
on grounds that case more suitable for High Court) and the “or”
preceding it.
(3) Omit sub-paragraph (3 ) (circumstances in which High Court may make
interim order).
184 Omit paragraph 23 (interim orders: payments which can be treated as
having been paid on account).
185 (1) Paragraph 24 (when interim order ceases to have effect) is amended as
follows.
(2) In sub-paragraph (1)(c) (int erim order ceases to have  effect on final order of
magistrates’ court or dismissal of application) for “a magistrates’ court”
substitute “the family court”.
(3) In sub-paragraph (2) (interim order may be continued in force by order of
court)—
(a) in paragraph (a) for “the magist rates’ court which made the order,
or” substitute “the family court,”, and
(b) omit paragraph (b).
186 Omit paragraph 25(1) (interim order of High Court on ordering rehearing by
magistrates’ court to be treated, for certain purposes, as an order of that
magistrates’ court).
187 In paragraph 29(6) (magistrates’ cour t’s power to determine date on which
order ceased to have effect because the parties were living together) for “a
magistrates’ court” substi tute “the family court”.
188 In paragraph 30 (variation, revocation , suspension and revival of orders for
periodical payments) in each of sub-paragraphs (1) and (2) for “a
magistrates’ court” substi tute “the family court”.Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments225
189 In paragraph 31 (power to order lump sum on variation) in each of sub-
paragraphs (1) and (2) for “a magistra tes’ court” substitute “the family
court”.
190 In paragraph 35(1) (powers exercisable on varying an order) for “59(3)(a) to
(d) of the Magistrates’ Courts Act 1980  (c. 43)” substitute  “1(4) and (4A) of
the Maintenance Enforcement Act 1991”.
191 Omit paragraph 36 (variation by justices’ clerk).
192 In paragraph 37 (exercise of powers)—
(a) in sub-paragraph (1) for “59(3)(a) to  (d) of the 1980” substitute “1(4)
and (4A) of the 1991”, and
(b) omit sub-paragraph (2).
193 In paragraph 38 (further provision about exercise of powers)—
(a) in sub-paragraph (1)—
(i) for “59(4) of the 1980” substitute “1(6) of the 1991”,
(ii) for “paragraphs 35 and 36(4)” substitute “paragraph 35”, and
(iii) for “59” substitute “1 of the 1991 Act”, and
(b) in sub-paragraph (2)—
(i) omit “, or of a justices’ clerk,”, and
(ii) for the words from “which” to  the end substitute “unless, at
the time when the order was made, the person required to
make the payments was ordinari ly resident in England and
Wales.”
194 In paragraph 39 (who may make applicat ion) for “, 31 or 36” substitute “or
31”.
195 In paragraph 40(1) (application by ch ild for revival of periodical payments
order) in the words before paragrap h (a), for “a magistrates’ court”
substitute “the family court”.
196 Omit paragraphs 41 and 42 (variation by, and other powers of, a
magistrates’ court).
197 (1) Paragraph 44 (orders for repayment in certain cases of sums paid after
cessation of order by reason of format ion of subsequent civil partnership or
marriage) is amended as follows.
(2) In sub-paragraph (4) (court’s po wer to order repayment or partial
repayment, or to dismiss application) for “the court” subs titute “the family
court”.
(3) In sub-paragraph (6) (application may be made in enforcement proceedings,
or to county court)—
(a) after “may” insert “(but need not)”,
(b) omit “in the High Court or a county court”, and
(c) omit the words after paragraph (a) (including the “but” at the end of
that paragraph).
(4) Omit sub-paragraph (7) (n o limits on jurisdiction of county court under sub-
paragraph (6)).
(5) In sub-paragraph (8) (lia bility of court officers)—
(a) in paragraph (a)—Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 1 — Amendmen ts of enactments226
(i) for “the designated officer for a magistrates’ court to whom
any payments under an order made under paragraph 2(1)(a),
or Part 2 or 3, are required to  be made” substitute “an officer
of the family court”, and
(ii) for “in pursuance of the orde r” substitute “, in pursuance of
an order under paragraph 2(1)(a), or Part 2 or 3, requiring
payments to be made to the court or an officer of the court,”,
and
(b) in paragraph (b)—
(i) for “the order” subs titute “an order”, and
(ii) for “after that date” substitute  “, after the date on which that
order ceased to have effect because of the formation of a
subsequent civil partnershi p or marriage by the person
entitled to payments under it,”.
198 In paragraph 46 (application of certain provisions of the Domestic
Proceedings and Magistrates’ Court Act 1978)—
(a) in paragraph (a) (powers of the High Court and a county court in
relation to certain orde rs) for “a county court” substitute “the family
court”, and
(b) omit paragraphs (b) and (c) (appe als and constitution of courts).
199 (1) Paragraph 47 (jurisdiction and procedure) is amended as follows.
(2) Omit sub-paragraph (1) (lim its on powers of magistrates’ courts to deal with
applications for orders under Schedule 6).
(3) In sub-paragraph (1A) (jurisdiction of  magistrates’ courts where jurisdiction
to be determined by reference to the Maintenance Regulation etc) for “a
magistrates’ court” substi tute “the family court”.
(4) In sub-paragraph (2) (jurisdiction of magistrates’ court exercisable
notwithstanding that a party is not do miciled in England and Wales) for “a
magistrates’ court” substi tute “the family court”.
200 For the Schedule title substitute “Fin ancial relief: provision corresponding to
provision made by the Domestic Proc eedings and Magistrates’ Courts Act
1978”.
201 In Schedule 7, in the definition of “t he court” in paragraph 19 (in Schedule 7
“the court” includes certain county courts) for the words after “High Court”
substitute “or the family court”.
Childcare Act 2006 (c. 21)
202 The Childcare Act 2006 is amended as follows.
203 In section 72 (protection of children in an emergency)—
(a) in subsection (1) (application to justice of the peace for emergency
order) for “a justice of the peace”  substitute “the family court”, and
(b) in subsection (2) (grounds for granting application for emergency
order) for “the justice”, in both  places, substitute “the court”.
204 In section 79 (power of constable to as sist in exercise of powers of entry)—
(a) omit subsection (4) (which applie s Schedule 11 to the Children Act
1989 to proceedings under section 79), andCrime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 1 — Amendments of enactments227
(b) in subsection (5) (meaning of “t he court”) for the words after “High
Court” substitute “o r the family court”.
205 In section 98F (power of constable to assist in exercise of powers of entry)—
(a) omit subsection (5) (which applie s Schedule 11 to the Children Act
1989 to proceedings under section 98F), and
(b) for subsection (6) (meaning  of “the court”) substitute—
“(6) In this section “court” means the High Court or the family
court.”
Human Fertilisation and Em bryology Act 2008 (c. 22)
206 In section 54(9)(a) of the Human Fertilisation and Embryology Act 2008
(parental orders: application of the Ch ildren Act 1989) for the words after
“England and Wales” substitute “—
(i) “the court” means the High  Court or the family court,
and
(ii) proceedings on the application are to be “family
proceedings” for the purpos es of the Children Act
1989,”.
Children and Families (Wales) Measure 2010 (nawm 1)
207 The Children and Families (Wales) Measure 2010 is amended as follows.
208 In section 34 (protection of children in an emergency)—
(a) in subsection (1) (application to justice of the peace for emergency
order) for “a justice of the peace”  substitute “the family court”, and
(b) In subsection (2) (grounds for granting application for emergency
order) for “the justice”, in both  places, substitute “the court”.
209 In section 43 (power of constable to as sist in exercise of powers of entry)—
(a) omit subsection (4) (which applie s Schedule 11 to the Children Act
1989 to proceedings under section 43), and
(b) in subsection (5) (meaning of “t he court”) for the words after “High
Court” substitute “o r the family court”.
PART 2
REPEALS  AND  REVOCATIONS  IN CONSEQUENCE  OF PART 1 OF THIS SCHEDULE
210 The provisions specified in the tabl e are repealed or revoked to the extent
shown.
Reference Extent of repeal or revocation 
Family Law Reform Act 1969
(c. 46)Section 2(2). 
Inheritance (Provision for
Family and Dependants) Act
1975 (c. 63)Section 26(1). 
Domestic Proceedings and
Magistrates’ Courts Act 1978
(c. 22)In Schedule 2, paragraph 9. Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of ju risdiction to family court
Part 2 — Repeals and revocations in co nsequence of Part 1 of this Schedule228
Magistrates’ Courts Act 1980
(c. 43)In Schedule 7, paragraphs 105, 109, 163 and 164. 
Magistrates’ Courts (Northern
Ireland) Order 1981
(S.I. 1981/1675 (N.I. 26))In Schedule 6, paragraphs 21 and 25.
Matrimonial and Family
Proceedings Act 1984 (c. 42)In Schedule 1, paragraphs 16 and 26. 
Family Law Act 1986 (c. 55) In Schedule 1, paragraph 24. 
Family Law Reform Act 1987
(c. 42)In Schedule 2, paragraphs 13, 45, 50, 70 and
89(2). 
Children Act 1989 (c. 41) In Schedule 13, paragraph 42. 
Courts and Legal Services Act
1990 (c. 41)Section 74(7). 
In Schedule 16, paragraph 23.
Maintenance Enforcement Act
1991 (c. 17)In Schedule 1, paragraphs 3, 13, 14, 18 and 21. 
In Schedule 2, paragraphs 3 and 10. 
Child Support Act 1991 (c. 48) Section 45(3) to (5). 
Maintenance Orders
(Reciprocal Enforcement) Act
1992 (c. 56)In Schedule 1, paragraphs 2(7), 7, 9 and 15. 
Child Support Act 1991
(Consequential
Amendments) Order 1994
(S.I. 1994/731)Article 4. 
Access to Justice Act 1999 (c. 22) In Schedule 13, paragraphs 73(1) to (3), 79 and
80.
Child Support, Pensions and
Social Security Act 2000
(c. 19)Section 83(4). 
In Schedule 8, paragraph 10.
Adoption and Children Act
2002 (c. 38)Section 100.
In Schedule 3, paragraph 75.
Courts Act 2003 (c. 39) In Schedule 8, paragraphs 69, 85, 88 to 90, 92(2),
151 to 153, 154(a), 155(2)(a), 157, 158(a), 159 to
163, 169, 170, 193, 194, 195(2), 196(2), 268, 269,
336, 338 and 412. 
Civil Partnership Act 2004
(c. 33)In Schedule 27, paragraphs 91 to 94 and 96. 
Constitutional Reform Act 2005
(c. 4)In Schedule 4, paragraphs 171 to 174, 205, 206,
210, 253 and 254. 
Courts Act 2003 (Consequential
Provisions) Order 2005 (S.I.
2005/886)In the Schedule, paragraph 57. 
Civil Partnership (Family
Proceedings and Housing
Consequential Amendments)
Order 2005 (S.I. 2005/3336)Article 3. Reference Extent of repeal or revocation Crime and Courts Act 2013 (c. 22)
Schedule 11 — Transfer of juri sdiction to family court
Part 2 — Repeals and revocations in co nsequence of Part 1 of this Schedule229
SCHEDULE 12 Section 18
GANG -RELATED  INJUNCTIONS : FURTHER  AMENDMENTS
1 Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-
related violence) is amended as follows.
2 After section 46A insert—
Appeals
“46B Appeals against decisions of youth courts
(1) An appeal lies to the Crown Court against a decision of a youth court
made under this Part.
(2) On an appeal under this section the Crown Court may make—
(a) whatever orders are necessary to give effect to its
determination of the appeal;
(b) whatever incidental or consequential orders appear to it to be
just.
(3) An order of the Crown Court made on an appeal under this section
(other than one directing that an application be re-heard by a youth
court) is to be treated for the purpos es of section 42 as an order of a
youth court.”
3 In section 48 (rules of court in relation to injunctions under Part 4)—
(a) in subsection (2) (rules of co urt may provide for appeal without
notice) omit “of the High Court or county court”, and
(b) in subsection (3) (decisions to which subsection (2) applies) for
“applies to a decision” substitute “applies—
(a) to a decision under section 39(4)(a) that an application
without notice be dismissed, andLord Chancellor (Transfer of
Functions and
Supplementary Provisions)
(No 2) Order 2006 (S.I. 2006/
1016)In Schedule 1, paragraphs 6 and 7. 
Forced Marriage (Civil
Protection) Act 2007 (c. 20)In section 1, the sections 63N and 63P to be
inserted into the Family Law Act 1996. 
In Schedule 2, paragraph 3(3). 
Access to Justice Act 1999
(Destination of Appeals)
(Family Proceedings) Order
2009 (S.I. 2009/871)Article 3(2)(b) to (e) and (3). 
Articles 5 to 8. 
Article 9(3).
Civil Jurisdiction and
Judgments (Maintenance)
Regulations 2011 (S.I. 2011/
1484)In Schedule 7, paragraph 8. Reference Extent of repeal or revocation Crime and Courts Act 2013 (c. 22)
Schedule 12 — Gang-related in junctions: further amendments230
(b) to a decision”.
4 In section 49(1) (interpretation of Part 4) after the definition of “court”
insert—
““judge”, in relation to a youth court, means a person qualified
to sit as a member of that court;”.
5 In paragraph 1(2) of Schedule 5 (court s’ powers to remand person suspected
of breaching injunction: meaning of “the court”)—
(a) for “High Court or” substitute “High Court,”,
(b) before “and includes” insert “or a youth court”,
(c) omit the “and” follow ing paragraph (a), and
(d) at the end of paragraph (b) insert “, and
(c) in relation to a youth court, a judge of that court.”
6 Schedule 5A (breach of injunction: powe rs of court in respect of under-18s)
is amended as follows.
7 (1) Paragraph 1 (power to make supe rvision order or detention order) is
amended as follows.
(2) In sub-paragraph (1) (p re-conditions for making of supervision order or
detention order)—
(a) in paragraph (a) for “is”  substitute “has been”,
(b) before the “and” after paragraph (a) insert—
“(aa) the person is still under the age of 18,”,
(c) in paragraph (b) for “the court”  substitute “a youth court”, and
(d) in the words following paragraph (b ) for “the court” substitute “that
court”.
(3) Omit sub-paragraph (3) (power to grant supervision order or detention
order is in addition to an y other power of the court in relation to breach of
injunction).
(4) In sub-paragraph (9) (int erpretation of Schedule 5A) omit the definition of
“appropriate court”.
8 In paragraph 4(11) (appropriate court may amend activity requirement in
supervision order) for “the appr opriate” substitute “a youth”.
9 In paragraph 5(5) (appropriate court may amend curfew requirement in
supervision order) for “the appr opriate” substitute “a youth”.
10 In paragraph 6(7) (appropriate co urt may amend electronic monitoring
requirement in supervision order) fo r “the appropriate” substitute “a
youth”.
11 In paragraph 8 (amendment of oper ative period of supervision order)—
(a) in sub-paragraph (1) (appropri ate court may amend operative
period) for “The appropriate” substitute “A youth”, and
(b) in sub-paragraph (2) (court may make other amendments when
amending operative period) for “The court may,” substitute “A
youth court may,”.
12 In paragraph 9(1) (change of area of residence of person subject to
supervision order) for “the appr opriate” substitute “a youth”.Crime and Courts Act 2013 (c. 22)
Schedule 12 — Gang-related in junctions: further amendments231
13 In paragraph 10(1) and (4) (applicatio n for revocation of supervision order
to be made to appropriate court, an d any further such application requires
that court’s consent) for “the a ppropriate” substitute “a youth”.
14 In paragraph 12 (non-complia nce with supervision order)—
(a) in sub-paragraph (2) (injunction applicant may apply to appropriate
court on being informed of non-compliance) for “the appropriate”
substitute “a youth”,
(b) omit sub-paragraph (5) (no power to  make further order if defaulter
is aged 18 or over), and
(c) omit sub-paragraph (6) (powers to  revoke supervision order etc are
i n  a d d i t i o n  t o  a n y  o t h e r  p o w e r s  o f  c o u r t  i n  r e l a t i o n  t o  b r e a c h  o f
supervision order).
15 In paragraph 15(1) and (4 ) (application for revocation of detention order to
be made to appropriate court, and any further such applic ation requires that
court’s consent) for “the approp riate” substitute “a youth”.
SCHEDULE 13 Section 20
JUDICIAL  APPOINTMENTS
PART 1
JUDGES  OF THE SUPREME  COURT : NUMBER  AND  SELECTION
Introductory
1 The Constitutional Reform Act 2005 is amended as follows.
Number of judges to become maximum full-time equivalent number
2 (1) Section 23 (establishment of the Supreme Court) is amended as follows.
(2) In subsection (2) (Supreme Court consists of 12 judges)—
(a) for “12 judges appointed” substi tute “the persons appointed as its
judges”, and
(b) after “by letters patent” insert “, but no appointment may cause the
full-time equivalent number of judge s of the Court at any time to be
more than 12”.
(3) In subsection (3) (power to increase number of  members of the Court) before
“number” insert “maximum  full-time equivalent”.
(4) In subsection (7) (Court is duly co nstituted despite vacancy in membership
or presiding offices) omit “among the judges of the Court or”.
(5) After that subsection insert—
“(8) For the purposes of this section,  the full-time equivalent number of
judges of the Court is to be calcul ated by taking the number of full-
time judges and adding, for each judge who is not a full-time judge,
such fraction as is reasonable.”Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 1 — Judges of the Supreme  Court: number and selection232
3 (1) Section 26 (selection of members of the Supreme Court) is amended as
follows.
(2) In subsection (5) (Lord Chancellor to  convene selection commission to fill
any vacancy among the members, or in the presiding offices, of the Court)
for “one of the offices mentioned in subs ection (1),” substitu te “the office of
President of the Court or in the office  of Deputy President of the Court,”.
(3) After subsection (5) insert—
“(5A) If—
(a) the full-time equiva lent number of judges of the Court is less
than the maximum specified in se ction 23(2), or it appears to
the Lord Chancellor that the fu ll-time equivalent number of
judges of the Court will soon be less than that maximum, and
(b) the Lord Chancellor, or the se nior judge of the Court, after
consulting the other considers it desirable that a
recommendation be made for an appointment to the office of
judge of the Court,
the Lord Chancellor must convene a selection commission for the
selection of a person to be recommended.
(5B) In subsection (5A )(b) “the senior judge of the Court” means—
(a) the President of the Court, or
(b) if there is no President, the Deputy President, or
(c) if there is no President and no Deputy President, the senior
ordinary judge.”
Selection of persons to be recomm ended for appointment to the Court
4 (1) In section 27 (selection proc ess) after subsection (1) insert—
“(1A) The commission must have an odd number of members not less than
five. 
(1B) The members of the commission must include—
(a) at least one who is non-legally-qualified,
(b) at least one judge of the Court,
(c) at least one member of the Judicial Appointments
Commission,
(d) at least one member of the Ju dicial Appointments Board for
Scotland, and
(e) at least one member of th e Northern Ireland Judicial
Appointments Commission,
and more than one of the requirements may be met by the same
person’s membership of the commission.
(1C) If the commission is convened for the selection of a person to be
recommended for appointment as President of the Court—
(a) its members may not include the President of the Court, and
(b) it is to be chaired by one of  its non-legally-qualified members.
(1D) If the commission is convened for the selection of a person to be
recommended for appointment as Deputy President of the Court, its
members may not include the Depu ty President of the Court.”Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 1 — Judges of the Suprem e Court: number and selection233
(2) At the end of that section insert—
“(11) For the purposes of this sectio n a person is non-legally-qualified if
the person—
(a) does not hold, and has never held, any of the offices listed in
Schedule 1 to the House of Commons Disqualification Act
1975 (judicial offices disquali fying for membership of the
House of Commons), and
(b) is not practising or employed as a lawyer, and never has
practised or been em ployed as a lawyer.”
5 After section 27 insert—
“27A Regulations about selection process
(1) The Lord Chancellor must by re gulations made with the agreement
of the senior judge of the Supreme Court—
(a) make further provision abou t membership of selection
commissions convened under section 26,
(b) make further provision about the process that is to be applied
in any case where a selection commission is required to be
convened under section 26, and
(c) secure that, in every such case , there will come a point in the
process when a selection has to be accepted, either
unconditionally or subject on ly to matters such as the
selected person’s willingness an d availability, by or on behalf
of the Lord Chancellor.
(2) The regulations may in particular—
(a) provide for process addition al to the selection process
applied by a selection commission under section 27(1),
including post-acceptance process;
(b) make provision as to things that are, or as to things that are
not, to be done by a selection commission—
(i) as part of the selection process applied by it under
section 27(1), or
(ii) in determining what that process is to be;
(c) provide for the Lord Chancellor to be entitled to require a
selection commission to reconsider a selection under section
27(1) or any subsequent selection;
(d) provide for the Lord Chancellor to be entitled to reject a
selection under section 27(1) or any subsequent selection; 
(e) give other functions to the Lord Chancellor;
(f) provide for particular action  to be taken by a selection
commission after it has complied with section 27;
(g) provide for the dissolution of a selection commission;
(h) provide for section 16(2)(a) or (b) not to apply in relation to
functions of the Lord Chief Justice—
(i) as a member of a selection commission (including
functions of chairing a selection commission), or
(ii) in relation to the no mination or appointment of
members of a selection commission;
(i) provide for a person to cease to be a member of a selection
commission where a requirement about the commission’sCrime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 1 — Judges of the Supreme  Court: number and selection234
members ceases to be met by the person’s membership of the
commission;
(j) provide for a person to become a member of a selection
commission already convened where another person ceases
to be a member of the commi ssion or where a requirement
about the commission’s members ceases to be met by another
person’s membership of the commission;
(k) provide for payment to a member of a selection commission
of amounts by way of allowances or expenses;
(l) make provision as to what amounts to practice or
employment as a lawyer for the purposes of section 27(11)(b).
(3) Before making regulations under this section the Lord Chancellor
must consult—
(a) the First Minister in Scotland,
(b) the Northern Ireland Judicial Appointments Commission,
(c) the First Minister for Wales,
(d) the Lord President of the Court of Session,
(e) the Lord Chief Justice of Northern Ireland, and
(f) the Lord Chief Justice of England and Wales.
(4) Regulations under this section—
(a) may make different provis ion for different purposes;
(b) may make transitory, transitional or saving provision.
(5) In this section “the senior judge”,  in relation to the Court, has the
meaning given by section 26(5B).”
Lord Chancellor’s guidance about selection process: procedure
6 After that section 27A insert—
“27B Selection guidance: supplementary
(1) Before issuing any selection gu idance the Lord Chancellor must—
(a) consult the senior judge of the Supreme Court;
(b) after doing so, lay a draft of the proposed guidance before
each House of Parliament.
(2) If the draft is approved by a reso lution of each House of Parliament
within the 40-day period the Lord Chancellor must issue the
guidance in the form of the draft.
(3) In any other case the Lord Chancellor must take no further steps in
relation to the proposed guidance.
(4) Subsection (3) does not prevent a new draft of the proposed
guidance from being laid before e a c h  H o u s e  o f  P a r l i a m e n t  a f t e r
consultation with the se nior judge of the Court.
(5) Selection guidance comes into force on such date as the Lord
Chancellor may ap point by order.
(6) Where selection guidance is in  force, the Lord Chancellor may
revoke the guidance only by—Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 1 — Judges of the Suprem e Court: number and selection235
(a) new selection guidance issu ed in accordance with the
previous provisions of this section, or
(b) an order made after consulting the senior judge of the Court.
(7)  In this section—
“40-day period” in relation to the draft of any proposed
selection guidance means—
(a) if the draft is laid before  one House on a day later than
the day on which it is laid before the other House, the
period of 40 days beginnin g with the later day, and
(b) in any other case, the period of 40 days beginning
with the day on which the draft is laid before each
House, 
no account being taken of any period during which
Parliament is dissolved or pr orogued or during which both
Houses are adjourned for more than 4 days;
“the senior judge”, in relation  to the Court, has the meaning
given by section 26(5B);
“selection guidance” means gu idance mentioned in section
27(9).”
Consequential amendments, repeals and revocations
7( 1 ) O m i t —
(a) section 27(2) and (3) and Parts 1 and 2 of Schedule 8 (selection
commissions), and
(b) sections 28 to 31 and 60(5) (detailed provision about selection
process).
(2) In section 26(3)(a) (person whose name is notified under section 29 must be
recommended for appointment) for “whose name is notified to him under
section 29” substitute “who is selected  as a result of the convening of a
selection commission under this section”.
(3) For section 26(4) (person recommend ed for appointment as President or
Deputy President must also be reco mmended for appointment as a judge if
not already a judge of the Court) substitute—
“(4) Where a person who is not a judge  of the Court is recommended for
appointment as President or Deputy President, the recommendation
must also recommend the person for appointment as a judge.”
(4) For section 26(7) (cas es where duty to conven e a selection commission is
suspended) substitute—
“(7) Subsections (5) and (5A) are subj ect to Schedule 8 (cases where duty
to convene a selection commission are suspended).
(7A) For the purposes of this section and Schedule 8, a person is selected
as a result of the convening of a selection commission if the person’s
selection is the final outcome of—
(a) the selection process mentioned in section 27(1) being
applied by the commission, and
(b) any process provided for by regulations under section 27A
being applied in the particular case.”Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 1 — Judges of the Supreme  Court: number and selection236
(5) In section 26(8) (application of sections 27 to 31) for “Sections 27 to 31 apply”
substitute “Section 27 applies”.
(6) In section 27(1)(a) (selection commission to determine selection process to be
applied) after “applied” insert “by it”.
(7) In section 27(4) (s ection 27(5) to (10) apply to selections under section 27 or
31) for “section 31” substitute “regulations under section 27A”.
(8) In section 139(2)(a) (if confidential information is obtained for purposes of
sections 26 to 31 it is not to be disclo sed without lawful au thority) for “to 31”
substitute “and 27 and regu lations under section 27A”.
(9) In section 144(5) (subordinate legislation which may not be made unless a
draft has been laid before and approved by a resolution of each House of
Parliament) before paragraph (a) insert—
“(za) regulations under section 27A;”
(10) In section 144(6) (certain orders ar e not subject to parliamentary procedure))
after “an order under sect ion” insert “27B(5),”.
(11) In paragraph 13(2) of Schedule 8 (end of suspension of duty to convene
selection commission for office of  Deputy President) for “the Lord
Chancellor notifies a selection made by” substitute “a person has been
selected as a result of the convening of”.
(12) In paragraph 14(2) of that Schedule (end of suspension of duty to convene
selection commission for office of judge) for “the Lord Chancellor notifies a
selection made by” substitute “a person has been selected as a result of the
convening of”.
8 In the Government of Wales Act 2006 (Consequential Modifications and
Transitional Provisions) Order 2007 (S.I. 2007/1388) in Schedule 1 omit
paragraph 110(a) and (b).
PART 2
DIVERSITY
Diversity considerations wh ere candidates for judicial  office are of equal merit
9 In section 27 of the Constitutional Reform Act 2005 (selection for
appointment to Supreme Court to be on merit etc) after subsection (5)
insert—
 “(5A) Where two person s are of equal merit— 
(a) section 159 of the Equality Act 2010 (positive action:
recruitment etc) does not apply in relation to choosing
between them, but
(b) Part 5 of that Act (public appointments etc) does not
prevent the commission from pr eferring one of them over
the other for the purpose of in creasing divers ity within the
group of persons who are the judges of the Court.”
10 (1) Section 63 of the Constitutional Reform Act 2005 (judicial appointments to
be solely on merit) is amended as follows.Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 2 — Diversity237
(2) In subsection (1) (selec tions to which subsections (2) and (3) apply) for “and
(3)” substitute “to (4)”.
(3) After subsection (3) insert—
“(4) Neither “solely” in subsection (2), nor Part 5 of the Equality Act 2010
(public appointments etc), prevents the selecting body, where two
persons are of equal merit, from preferring one of them over the
other for the purpose of in creasing diversity within—
(a) the group of persons who ho ld offices for which there is
selection under this Part, or
(b) a sub-group of that group.”
Encouraging diversity
11 In Part 6 of the Constitutional Reform  Act 2005 (other provisions relating to
the judiciary) after section 137 insert—
“137A Encouragement of diversity
Each of the Lord Chancellor and the Lord Chief Justice of England
and Wales must take such steps as that office-holder considers
appropriate for the purpose of encouraging judicial diversity.”
Maximum numbers of judges to be by re ference to full-time equivalent numbers
12 The Senior Courts Act 1981 is amended as follows.
13 (1) Section 2 (the Court of Appeal) is amended as follows.
(2) In subsection (1 ) (composition of the Court of Appeal) for “of ex-officio
judges and not more than 38 ordi nary judges” substitute “of—
(a) ex-officio judges, and
(b) ordinary judges, of whom the maximum full-time equivalent
number is 38”.
(3) In subsection (4) (power to increa se maximum number of ordinary judges)
for “maximum number” substitute  “maximum full-time equivalent
number”.
(4) After subsection (6) insert—
“(7) For the purposes of this sectio n the full-time equivalent number of
ordinary judges is to be calculated  by taking the number of full-time
ordinary judges and adding, for each ordinary judge who is not a
full-time ordinary judge, such fraction as is reasonable.”
14 (1) Section 4 (the High Court) is amended as follows.
(2) In subsection (1) (High Court to co nsist of ex-officio judges and not more
than 108 puisne judges) for paragraph (e) substitute—
“(e) the puisne judges of that court, of whom the maximum full-
time equivalent number is 108.”
(3) In subsection (4) (power to increase  maximum number of puisne judges) for
“maximum number” substitute “maximum full -time equivalent number”.Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 2 — Diversity238
(4) After subsection (6) insert—
“(7) For the purposes of this sectio n the full-time equivalent number of
puisne judges is to be calculated by taking the number of full-time
puisne judges and adding, for each  puisne judge who is not a full-
time puisne judge, such fr action as is reasonable.”
15 In section 10(2) (power to appoint judges is subject to maximum numbers in
sections 2(1) and 4(1)) before “numbers” insert “full-time equivalent”.
PART 3
JUDICIAL  APPOINTMENTS  COMMISSION
Introductory
16 Part 1 of Schedule 12 to the Consti tutional Reform Act 2005 (the members of
the Judicial Appointments Commi ssion) is amended as follows.
Composition of the Judicial Appointments Commission
17 In paragraph 1 (Commission consists of lay chairman and 14 other
Commissioners) for paragraph (b) substitute—
“(b) such number of other Commissioners as the Lord
Chancellor may specify by regulations made with the
agreement of the Lord Chief Justice,”.
18 Omit paragraphs 2(2) to (5) and 4 to 6 (Commissioners other than the lay
chairman are to be drawn in specified proportions from among judicial
office holders, practising  lawyers and lay persons).
19 After paragraph 3 (civil servants ma y not be appointed as Commissioners)
insert—
“3A The number of Commissioners wh o are holders of judicial office
must be less than the number of Commissioners (including the
chairman) who are not holders of judicial office.
3B (1) The Lord Chancellor may, by regulations made with the
agreement of the Lord Chief Just ice, make provision about the
composition of the Commission.
(2) The power to make regulations under this paragraph is to be
exercised so as to ensure that the Commission’s members
include—
(a) holders of judicial office,
(b) persons practising or employed as lawyers, and
(c) lay members.
(3) Regulations under this pa ragraph may (in particular)—
(a) make provision about the number, maximum number or
minimum number of Commissioners of a particular
description;
(b) make provision about eligibility for appointment as a
Commissioner, eligibility for appointment as the chairman
or eligibility for appointmen t as a Commissioner of a
particular description.”Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 3 — Judicial A ppointments Commission239
3C The Lord Chancellor may by regulations made with the
agreement of the Lord Chief Justice—
(a) define “lay member”, in rela tion to the Commission, for the
purposes of this Part of this Act;
(b) define “holder of judicial  office” for the purposes of
paragraphs 3A, 3B(2)(a), 11 and 20(5).”
Selection of Commissioners
20 For paragraphs 7 to 10 (selecti on of Commissioners) substitute—
“6A (1) The Lord Chancellor may, by regulations made with the
agreement of the Lord Chief Just ice, make provision for or in
connection with the selection or  nomination of persons to be
recommended for appointment under paragraph 1.
(2) Regulations under this pa ragraph may (in particular)—
(a) provide for selection or nomination to be by a person, or
body, specified in or appo inted under the regulations;
(b) make provision about selection procedure, including—
(i) provision for a selector to determine the selector’s
own procedure or for selection procedure to be
otherwise determined under the regulations;
(ii) provision as to matters to  which a selector is to, or
may or may not, have regard;
(iii) provision requiring that  selection is carried out
with a view to ensuring that there is a
Commissioner with special knowledge of a
particular geographical area or of a particular
matter;
(c) make provision for the payment to selectors of
remuneration, fees  or expenses.
6B The powers to make regulations under this Part of this Schedule
are to be exercised with a view to ensuring, so far as may be
practicable, that the Commissione rs who are lay members include
at any time at least one person who appears to have special
knowledge of Wales.”
21 (1) Paragraph 11 (vice-chairman) is amended as follows.
(2) In sub-paragraph (1) (mos t senior judicial member is vice-chairman) for
“Commissioner who is the most senior of the persons appointed as judicial
members” substitute “most senior of th e holders of judicial office who are
Commissioners”.
(3) In sub-paragraph (2) (meaning of seniority for the purposes of sub-
paragraph (1)) for the words after “sub-p aragraph (1)” subs titute “seniority
i s  t o  b e  d e t e r m i n e d  i n  a c c o r d a n c e  w i t h  r e g u l a t i o n s  m a d e  b y  t h e  L o r d
Chancellor with  the agreement of the Lord Chief Justice.”
(4) In sub-paragraph (3) (exercise by vi ce-chairman of functions of chairman)
for the words from “other” to the end substitute “other than—
(a) any functions as a member of a commission convened
under section 26(5) or (5A) or  of a panel appointed underCrime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 3 — Judicial A ppointments Commission240
section 70(1), 75B(1) or 79 (1) (including functions of
chairing such a commission or panel), and
(b) any functions specified in regulations made by the Lord
Chancellor with  the agreement of the Lord Chief Justice.”
Commissioners’ terms of office
22 For paragraph 13 (maximum  term of office for a Commissioner) substitute—
“13 (1) The Lord Chancellor may, by regulations made with the
agreement of the Lord Chief Just ice, make provision about the
periods for which a Commissioner may be appointed or hold
office.
(2) Regulations under this paragraph may (in particular) make
provision about—
(a) the number of times a person may be appointed as a
Commissioner;
(b) the length of any particular appointment;
(c) the total length of a person ’s appointments or the total
period for which a person may hold office as a
Commissioner.”
23 For sub-paragraphs (1) and (2) of pa ragraph 14 (person ceases to be a
Commissioner on ceasing, for cert ain reasons, to be eligible for
appointment) substitute—
 “(1) The Lord Chancellor may by regulations made with the
agreement of the Lord Chief Justice—
(a) provide for a Commissioner to cease to be a Commissioner
on ceasing, or on ceasing for a particular reason, to be
eligible for appointment as a Commissioner;
(b) provide for a Commissioner other than the chairman to
cease to be a Commissioner on ceasing, or on ceasing for a
particular reason, to be el igible for appointment as a
Commissioner of a particular description;
(c) provide for the chairman—
(i) to cease to be the chairman without ceasing to be a
Commissioner, or
(ii) to cease to be the chairman and cease to be a
Commissioner,
on ceasing, or on ceasing for a particular reason, to be
eligible for appointment as the chairman;
(d) confer power to disapply or suspend the operation of
provision under paragraph (a),  (b) or (c) in individual
cases.”
Supplementary amendments
24 After paragraph 17 insert—
“Regulations
17A Regulations under this Pa rt of this Schedule may—Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 3 — Judicial A ppointments Commission241
(a) make different provisio n for different purposes;
(b) include transitional or transitory provision or savings.”
25 In Part 2 of Schedule 12 to the Co nstitutional Reform Act 2005 (Judicial
Appointments Commission) in paragraph 20(5) (committee to which
Commission delegates a selection function must include at least one judicial
member and one lay member) for “judicial member and” substitute “who is
a holder of judicial office and at least”.
26 In section 122 of that Act (interpretatio n of Part 4) for the definition of “lay
member” substitute—
““lay member”, in relation to the Commission, has such
meaning as may be given by regulations under paragraph
3C(a) of Schedule 12;”.
27 In section 144(5)(e) of that Act (orders under paragraph 5 of Schedule 12 are
subject to affirmative parliamentary procedure) for “an order under
paragraph 5” substitute “r egulations under Part 1”.
Consequential repeal of other legislation
28 In Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 omit
paragraph 65 (which amended paragraph 2 of Schedule 12 to the
Constitutional Reform Act 2005).
PART 4
JUDICIAL  APPOINTMENTS : SELECTION , AND  TRANSFER  OF POWERS  OF LORD CHANCELLOR
Appointments by Her Majesty on Lord Chancello r’s recommendation but where selection is to 
be reported to Lord Chief Justice or Senior President of Tribunals
29 (1) Schedule 14 to the Constitutional Reform Act 2005 (Judicial Appointments
Commission: relevant offices and en actments) is amended as follows.
(2) The table in Part 1 (appointments by  Her Majesty on the Lord Chancellor’s
recommendation) becomes Table 1 of th at Part called “Appointments where
the Commission reports to the Lord Chancellor”.
(3) Move the entries for the following office s from Table 1 of Part 1 to form Table
2 of that Part called “Appointments where the Commission reports to the
Lord Chief Justice” (and with the same column headings)—
Circuit judge
Recorder
Master, Queen’s Bench Division
Queen’s Coroner and Attorney and Master of the Crown Office and
Registrar of Criminal Appeals
Admiralty Registrar
Master, Chancery Division
Registrar in Bankrupt cy of the High Court
Taxing Master of the Senior Courts
District judge of the principal registry of the Family Division
Senior Master of the Queen’s Bench Division
Chief Chancery MasterCrime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor242
Chief Taxing Master
Chief Bankruptcy Registrar
Senior District Judge of the Family Division
District judge
District Judge (Magistrates’ Courts ) appointed under section 22(1) of
the Courts Act 2003
Senior District Judge (Chief Magist rate) designated un der section 23 of
that Act
Deputy Senior District Judge (Chief  Magistrate) designated under that
section
(4) In Table 1 of Part 1 omit the entr ies for the following former offices—
Senior District Judge (Chief Magi strate) designated  under subsection
(2) of section 10A of the Ju stices of the Peace Act 1997
Deputy Senior District Judge (Chief  Magistrate) designated under that
subsection
(5) Move the entry for the following office from Table 1 of Part 1 to form Table
3 of that Part called “Appointments where the Commission reports to the
Senior President of Trib unals” (and with the same column headings)—
Judge of the Upper Tribunal by a ppointment under paragraph 1(1) of
Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
30 (1) Schedule 3 to the Tribunals, Courts  and Enforcement Act 2007 (judges and
other members of the Upper Tribunal) is amended as follows.
(2) In paragraph 1(2)(d) (eligibility for appointment as judge based on
experience gained in law) for “Lor d Chancellor’s opinion” substitute
“opinion of the Senior President of Tribunals”.
(3) In paragraph 1(3) (meaning of “gain experience in law”) for “Lord
Chancellor” substitute “Senio r President of Tribunals”.
Recommended appointments: further provisions
31 In section 16 of the Courts Act 1971 (appointment of Circuit judges) omit
subsection (4) (health).
32 (1) Section 21 of the Courts Act 1971 (appointment of Recorders) is amended as
follows.
(2) In subsection (5) (neither  initial term nor extension under subsection (4) may
extend appointment beyond judicial retirement age) for “(4)” substitute
“(4A)”.
(3) After subsection (7) insert—
“(8) Subject to the preceding provis ions of this section, a person
appointed under this section is to  hold and vacate office as a
Recorder in accordance with the terms of the person’s appointment,
and those terms (including the terms specified under subsection (3))
are (subject to subsection (4)) to be such as the Lord Chancellor may
determine.
(9) The Lord Chief Just ice may nominate a seni or judge (as defined in
section 109(5) of the Constitutio nal Reform Act 2005) to exercise
functions of the Lord Chief Justic e under subsection (4) or (4C).”Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor243
(4) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
(protected functions of Lord Chancellor) in the entries for the Courts Act
1971 for “Section 21(2), (4) an d (7)” substitute “Section 21”.
33 In section 89(4) of the Senior Courts Act 1981 (additional offices and duties
of Senior Master appointed under su bsection (3)(a)) for “under subsection
(3)(a)” substitute “of th e Queen’s Bench Division”.
Deputy Circuit judges to be ap pointed by Lord Chief Justice
34 (1) Section 24 of the Courts Act 1971  (deputy Circuit ju dges and assistant
Recorders) is amended as follows.
(2) In subsection (1) (appointment to faci litate disposal of certain business) for
“a county court” substitute “county co urt or any other court or tribunal to
which a person appointe d under this su bsection may be deployed”.
(3) In subsection (1)(a) (Lord Chancellor ’s power to appoint deputy circuit
judges) for “Lord Chancellor may, with  the concurrence of the Lord Chief
Justice,” substitute “Lor d Chief Justice may, with the concurrence of the
Lord Chancellor,”.
(4) In subsection (1A)  (appointment as deputy Circuit judge not to be such as to
continue beyond person’s 75th birthday) after “such as to” insert “, or be
extended under subsection (5B) below so as to,”.
(5) After subsection (5) (remuneration) insert—
“(5A) A person may be removed from office as a depu ty Circuit judge— 
(a) only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in  the person’s terms of
appointment.
(5B) Subject to subsections (1A) and (5C), the Lord Chancellor must
extend the period of a person’s appointment as a deputy Circuit
judge (including a period already extended under this subsection)
before its expiry; and for this pu rpose a person appointed to be a
deputy Circuit judge on certain occasions is to be treated as having
been appointed for a period that  expires when the occasions end.
(5C) Extension under subsection (5B)—
(a) requires the person’s agreement,
(b) is to be for such period as the Lord Chancellor thinks fit, and
(c) may be refused on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in  the person’s terms of
appointment,
but only with any agreement of the Lord Chief Justice, or a
nominee of the Lord Chief Justice, that may be required by
those terms.
(5D) Subject to the preceding provis ions of this section, a person
appointed under this section is to hold and vacate office as a deputyCrime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor244
Circuit judge in accordance wi th the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
determine.”
(6) In subsection (6) (Lord Chief Justic e’s power to delegate under section
24(1)(a))—
(a) for “judicial office holder (as defined in section 109(4)” substitute
“senior judge (as defined in section 109(5)”, and
(b) after “subsection (1)(a )” insert “or (5A)(a)”.
(7) In Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 71(2)(c)
(superseded amendment of section 24(1)(a) of the Courts Act 1971).
Deputy and temporary Masters etc to be appointed by Lord Chief Justice
35 (1) Section 91 of the Senior Courts Act 1981 (deputy and temporary Masters,
Registrars etc of the High Co urt) is amended as follows.
(2) In subsection (1) (Lord Chan cellor’s power of appointment)—
(a) for “the Lord Chancellor”, in th e first place, substitute “the Lord
Chief Justice”, and
(b) after “to facilitate the disposal of  business in the Senior Courts” insert
“or any other court or tribunal to which a person appointed under
this subsection may be deployed”.
(3) For subsection (1ZA) (if person to be  appointed is a current or former holder
of certain judicial offices, Lord Ch ief Justice must co ncur) substitute—
“(1ZA) The Lord Chief Justice may not appoint a holder of relevant office
under subsection (1 ) without the concurrence of the Lord
Chancellor.”
(4) After subsection (6) (remuneration) insert—
“(6A) A person appointed under su bsection (1) may be removed from
office— 
(a) only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in  the person’s terms of
appointment.
(6B) Subject to subsection (6C), the period of a person’s appointment
under subsection (1) (i ncluding a period alre ady extended under this
subsection) must be extended by the Lord Chancellor before its
expiry; and for this purpose a pers on appointed under subsection (1)
to act under this section on cert ain occasions is to be treated as
having been appointed for a period  that expires when the occasions
end.
(6C) Extension under subsection (6B)—
(a) requires the person’s agreement,
(b) is to be for such period as the Lord Chancellor thinks fit, and
(c) may be refused on—
(i) the ground of inability or misbehaviour, orCrime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor245
(ii) a ground specified in  the person’s terms of
appointment,
but only with any agreement of the Lord Chief Justice, or a
nominee of the Lord Chief Justice, that may be required by
those terms.
(6D) Subject to the preceding provisions of this section (but subject in the
first place to the Judicial Pensions and Retirement Act 1993), a person
appointed under subsection (1) is  t o  h o l d  a n d  v a c a t e  o f f i c e  i n
accordance with the terms of the person’s appointment, which are to
be such as the Lord Chancellor may determine.”
(5) In subsection (7) (delegation of functions by Lord Chief Justice)—
(a) for “judicial office holder (as defined in section 109(4)” substitute
“senior judge (as defined in section 109(5)”, and
(b) for “subsection (1ZA )” substitute “subsect ion (1) or (6A)(a)”.
(6) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
(protected functions of Lord Chancellor ) in the entries for the Senior Courts
Act 1981 for “Section 91 (1), (1A) and (6)” su bstitute “S ection 91”.
(7) In consequence of the previous prov isions of this pa ragraph, in the
Tribunals, Courts and Enforcement Act 2007 omit sections 57(2)(a) and (5)
and 144(5).
Deputy district judges to be appointed by Lord Chief Justice
36 (1) Section 102 of the Senior Courts Ac t 1981 (deputy district judges for the High
Court) is amended as follows.
(2) In subsection (1) (Lord Chan cellor’s power of appointment)—
(a) for “Lord Chancellor” substi tute “Lord Chief Justice”, and
(b) after “to facilitate the disposal of  business in the High Court” insert
“or any other court or tribunal to which a person appointed under
this subsection may be deployed”.
(3) In subsection (1B) (Lor d Chief Justice’s concurrence needed in certain cases)
for “Lord Chancellor may not appoint a person under subsection (1) without
the concurrence of the Lord Chief Justic e” substitute “Lord Chief Justice may
not appoint a person under subsection  (1) without the concurrence of the
Lord Chancellor”.
(4) After subsection (5) (remuneration) insert—
“(5ZA) A person appointed under this section may be removed from office
as a deputy district judge— 
(a) only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in  the person’s terms of
appointment.
(5ZB) Subject to subsecti on (5ZC), the term of a person’s appointment
under this section (including a term already extended under this
subsection) must be extended by the Lord Chancellor before its
expiry.Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor246
(5ZC) Extension under subsection (5ZB)—
(a) requires the person’s agreement,
(b) is to be for such term as the Lord Chancellor thinks fit, and
(c) may be refused on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in  the person’s terms of
appointment,
but only with any agreement of the Lord Chief Justice, or a
nominee of the Lord Chief Justice, that may be required by
those terms.
(5ZD) Subject to the preceding provisions  of this section (but subject in the
first place to the Judicial Pensions and Retirement Act 1993), a person
appointed under this section is to hold and vacate office as a deputy
district judge in accordance with the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
determine.
(5ZE) The Lord Chief Just ice may nominate a seni or judge (as defined in
section 109(5) of the Constitutional  Reform Act 2005) to exercise the
Lord Chief Justice’s functions un der subsection (1) or (5ZA)(a).”
(5) In subsection (5A) (delegation of Lord  Chief Justice’s functions) omit “(1B)
or”.
(6) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
(protected functions of Lord Chancellor ) in the entries for the Senior Courts
Act 1981 for “Section 102(1)” substitute “Section 102”.
37 (1) Section 8 of the County Courts Act 1984 (deputy dist rict judges for the
county court) is amended as follows.
(2) In subsection (1) (Lor d Chancellor’s power of appointment) for “Lord
Chancellor” substitute “Lord Chief Justice”.
(3) In subsection (1ZB) (L ord Chief Justice’s concurrence needed in certain
cases) for “Lord Chancellor may not a ppoint a person under subsection (1)
without the concurrence of the Lord Ch ief Justice” substitute “Lord Chief
Justice may not appoint a person under subsection (1) without the
concurrence of the Lord Chancellor”.
(4) In subsection (1A) (ages beyond which appointments may not extend) in
each of paragraphs (a) and (b) after “shall not be such as to” insert “, or be
extended under subsection (3B) so as to,”.
(5) After subsection (3) (remuneration) insert—
“(3A) A person appointed under this section may be removed from office
as a deputy district judge— 
(a) only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in  the person’s terms of
appointment.Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor247
(3B) Subject to subsections (1A) and (3C), the term of a person’s
appointment under this section (including a term already extended
under this subsection) must be extended by the Lord Chancellor
before its expiry.
(3C) Extension under subsection (3B)—
(a) requires the person’s agreement,
(b) is to be for such term as the Lord Chancellor thinks fit, and
(c) may be refused on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in  the person’s terms of
appointment,
but only with any agreement of the Lord Chief Justice, or a
nominee of the Lord Chief Justice, that may be required by
those terms.
(3D) Subject to the preceding provis ions of this section, a person
appointed under this section is to hold and vacate office as a deputy
district judge in accordance with the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
determine.
(3E) The Lord Chief Justice may nomi nate a senior judge (as defined in
section 109(5) of the Constitutional  Reform Act 2005) to exercise the
Lord Chief Justice’s functions un der subsection (1) or (3A)(a).”
(6) In subsection (4) (delegation of Lord  Chief Justice’s functions) omit “(1ZB)
or”.
(7) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
(protected functions of Lord Chancellor) in the entries for the County Courts
Act 1984 for “Section 8(1) and (3)” substitute “Section 8”.
Deputy District Judges (Magistrates’ Courts ) to be appointed by Lord Chief Justice
38 (1) Section 24 of the Courts Act 2003  (Deputy District Judges (Magistrates’
Courts)) is amended as follows.
(2) In subsection (1) (Lor d Chancellor’s power of appointment) for “Lord
Chancellor”, in the first place, substitute “Lord Chief Justice”.
(3) For subsection (4) (removal from o ffice to be by Lord Chancellor with
concurrence of Lord Chief Justice bu t only on ground of incapacity or
misbehaviour) substitute—
“(4) A pe rson may be removed from office as a Deputy Dist rict Judg e
(Magistrates’ Courts)— 
(a) only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in  the person’s terms of
appointment.
(4A) Subject to subsection (4B), the period of a person’s appointment
under this section (including a pe riod already extended under thisCrime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor248
subsection) must be extended by the Lord Chancellor before its
expiry.
(4B) Extension under subsection (4A)—
(a) requires the person’s agreement,
( b ) i s  t o  b e  f o r  s u c h  p e r i o d  a s  t h e  L o r d  C h a n c e l l o r  c o n s i d e r s
appropriate, and
(c) may be refused on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in  the person’s terms of
appointment,
but only with any agreement of the Lord Chief Justice, or a
nominee of the Lord Chief Justice, that may be required by
those terms.
(4C) Subject to the preceding provisions of this section (but subject in the
first place to the Judicial Pensions and Retirement Act 1993), a person
appointed under this section is to hold and vacate office as a Deputy
District Judge (M agistrates’ Courts) in accordance with the terms of
the person’s appointment, whic h are to be such as the Lord
Chancellor may determine.
(4D) The Lord Chief Just ice may nominate a seni or judge (as defined in
section 109(5) of the Constitutional  Reform Act 2005) to exercise the
Lord Chief Justice’s functions un der subsection (1) or (4)(a).”
(4) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
(protected functions of Lord Chancellor) in the entries for the Courts Act
2003 at the appropriate place insert “Section 24”.
Lay justices to be appointed by Lord Chief Justice
39 (1) Section 10 of the Courts Act 2003 (justices of the peace who are not District
Judges (Magistrates’ Courts )) is amended as follows.
(2) In subsection (1) (Lor d Chancellor’s power of appointment) for “Lord
Chancellor” substitute “Lord Chief Justice”.
(3) After that subsection insert—
“(1A) Subject to the following provisions  of this section and to sections 11
to 15, a person appointed under subsection (1) is to hold and vacate
office as a justice of the peace in  accordance with the terms of the
person’s appointment, which are to be such as the Lord Chancellor
may determine.”
(4) After subsection (2) insert—
“(2ZA) The Lord Chief Justice must ensure that arrangements for the
exercise, so far as affecting any local justice area, of the function
under subsection (1) include arra ngements for consulting persons
appearing to the Lord Chief Just ice to have special knowledge of
matters relevant to the exercise of that function in relation to that
area.”Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor249
(5) In subsection (2A) (Lord Chancellor to ensure local consultation takes place
in relation to the exercise of func tions under subsections (1) and (2)) for
“subsections (1) and” substitute “subsection”.
(6) After subsection (6) insert—
“(6A) The Lord Chief Justice may nomi nate a senior judge (as defined in
section 109(5) of the Constitutio nal Reform Act 2005) to exercise
functions of the Lord Chief Ju stice under subsection (1).”
(7) In subsection (7 ) (delegation of Lord Chief Justice’s functions) after
“subsection (2)” insert “, (2ZA)”.
Transfer of appointment powers to Lo rd Chief Justice: further provisions
40 (1) Section 94A of the Constitutional Reform Act 2005 (certa in appointments by
Lord Chancellor not subject to section 85 but require concurrence of Lord
Chief Justice) is amended as follows.
(2) For subsection (1)(b) (concu rrence requirement) substitute—
“(b) the person who has the po wer to make the appointment,
whether the Lord Chancellor or  the Lord Chief Justice, may
not make the appointment without the concurrence of the
other of them.”
(3) In subsection (3) (Lord Chief Justice may delegate function under subsection
(1)(b)) after “function” insert “of concurring”.
41 (1) Schedule 14 to that Act (Judicial A ppointments Commission : relevant offices
and enactments) is amended as follows.
(2) For the title of Part 2 substitute “C OURT -RELATED  APPOINTMENTS ”.
(3) The table in Part 2 (appointments by  the Lord Chancellor) becomes Table 1
of that Part called “Appointmen ts by the Lord Chancellor”.
(4) Move the entries for the following office s from Table 1 of Part 2 to form Table
2 of that Part called “Appointments by the Lord Chief Justice” (and with the
same column headings)—
Person appointed by the Lord Chancellor as a deputy for a holder of, or
as a temporary additional officer in, an office listed in column 1 of
Part 2 of Schedule 2 to the Senior Courts Act 1981
Deputy district judge appointed un der section 102(1) of that Act
Deputy district judge appointed under section 8(1) of the County
Courts Act 1984
Justice of the Peace appointed unde r section 10(1) of the Courts Act
2003 (justices of the peace other than District Judges (Magistrates’
Courts))
Deputy District Judge (Magistrates ’ Courts) appointed under section
24(1) of the Courts Act 2003
(5) In Table 2 of Part 2, in the first of the entries moved by this paragraph to form
that table, omit “by the Lord Chancellor”.
(6) In Table 1 of Part 2 omit the en try for the followin g former office—
Justice of the Peace appointed under section 5 of the Justices of the
Peace Act 1997Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor250
Senior President of Tribunals to make certai n appointments to First-tier and Upper Tribunals
42 The Tribunals, Courts and Enforcement Act 2007 is amended as follows.
43 In section 7(7) (Lord Chancellor’s power to appoint Chamber Presidents for
the First-tier Tribunal or the U pper Tribunal) for “Lord Chancellor”
substitute “Senior President of Tribunals”.
44 (1) In section 8 (power of Senior President of Tribunals to delegate) after
subsection (1) insert—
“(1A) A function under paragraph 1(1) or 2(1) of Schedule 2 may be
delegated under su bsection (1) only to a Chamber President of a
chamber of the Upper Tribunal.”
(2) In section 8(2) (functions which the Senior President of Tribunals may not
delegate) for “under section 7(9)” subs titute “under any of the following—
section 7(7);
section 7(9);
paragraph 2(1) of Schedule 3;
paragraph 7(1) of Schedule 3;
paragraph 2 of Schedule 4;
paragraph 5(1) and (3) of Schedule 4;
paragraph 5(5) to (8) of Schedule 4;
paragraph 5A(2)(a) of Schedule 4;
paragraph 5A(3)(a) of Schedule 4.”
(3) In section 46 (delegation of functi ons by Lord Chief Justice etc) after
subsection (6) insert—
“(7) In Schedules 2 to 4 “senior judge” means—
(a) the Lord Chief Justice of England and Wales,
(b) the Lord President of the Court of Session,
(c) the Lord Chief Justice of Northern Ireland, or
(d) the Senior President of Tribunals.”
45 (1) Schedule 2 (judges and other members of the First-tier Tribunal) is amended
as follows.
(2) In paragraphs 1(1) and 2(1) (Lord Chancellor’s power to appoint) for “Lord
Chancellor” substitute “Senio r President of Tribunals”.
(3) In paragraph 1(2)(d) (eligibility for appointment as judge based on
experience gained in law) for “Lor d Chancellor’s opinion” substitute
“opinion of the Senior President of Tribunals”.
(4) In paragraph 1(3) (meaning of “gain experience in law”) for “Lord
Chancellor” substitute “Senio r President of Tribunals”.
(5) In paragraph 4 (terms of appointment) after sub-paragraph (2) (salaried
appointee may be removed from office only by Lord Chancellor and only on
ground of inability or  misbehaviour) insert—
 “(2A) If the terms of the person’s appointment provide that the person
is appointed on a fee-paid basis,  the person may be removed from
office—Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor251
(a) only by the Lord Chancellor (and in accordance with
paragraph 3), and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in the person’s terms of
appointment.
(2B) If the period (or extended period) for which the person is
appointed ends before—
(a) the day on which the pers on attains the age of 70, or
(b) if different, the day that for the purposes of section 26 of
the Judicial Pensions and Retirement Act 1993 is the
compulsory retirement date fo r the office concerned in the
person’s case,
then, subject to sub-paragraph (2C), the Lord Chancellor must
extend the period of the person’s  appointment (including a period
already extended under this su b-paragraph) before it ends.
(2C) Extension under sub-paragraph (2B)—
(a) requires the person’s agreement,
(b) is to be for such period as the Lord Chancellor considers
appropriate, and
(c) may be refused on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in the person’s terms of
appointment,
but only with any agreement of  a senior judge (see section
46(7)), or a nominee of a senior judge, that may be required
by those terms.”
(6) In paragraph 4(3) (subject to sub-paragraph (2), person to hold and vacate
office in accordance with terms of appointment)—
(a) for “sub-paragraph (2) (and” subs titute “the preceding provisions of
this paragraph (but subjec t in the first place”, and
(b) after “appointment” insert “, which are to be such as the Lord
Chancellor ma y determine”.
46 (1) Schedule 3 (judges and other member s of the Upper Tribunal) is amended
as follows.
(2) In paragraph 2(1) (Lord Chancellor’s power to appoint other members of the
Upper Tribunal) for “Lord Chancellor”  substitute “Senior President of
Tribunals”.
(3) In paragraph 3(1) (removal from o ffice) before the “or” at the end of
paragraph (b) insert—
“(ba) a person who is a deputy  judge of the Upper Tribunal
(whether by appointment under paragraph 7(1) or as a
result of provision under section 31(2)),”.
(4) In paragraph 4 (terms of appointment) after sub-paragraph (2) (salaried
appointee may be removed from office only by Lord Chancellor and only onCrime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor252
ground of inability or  misbehaviour) insert—
 “(2A) If the terms of the person’s appointment provide that the person
is appointed on a fee-paid basis,  the person may be removed from
office—
(a) only by the Lord Chancellor (and in accordance with
paragraph 3), and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in the person’s terms of
appointment.
(2B) If the period (or extended period) for which the person is
appointed ends before—
(a) the day on which the pers on attains the age of 70, or
(b) if different, the day that for the purposes of section 26 of
the Judicial Pensions and Retirement Act 1993 is the
compulsory retirement date fo r the office concerned in the
person’s case,
then, subject to sub-paragraph (2C), the Lord Chancellor must
extend the period of the person’s  appointment (including a period
already extended under this su b-paragraph) before it ends.
(2C) Extension under sub-paragraph (2B)—
(a) requires the person’s agreement,
(b) is to be for such period as the Lord Chancellor considers
appropriate, and
(c) may be refused on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in the person’s terms of
appointment,
but only with any agreement of  a senior judge (see section
46(7)), or a nominee of a senior judge, that may be required
by those terms.”
(5) In paragraph 4(3) (subject to sub-paragraph (2), person to hold and vacate
office in accordance with terms of appointment)—
(a) for “sub-paragraph (2) (and” subs titute “the preceding provisions of
this paragraph (but subjec t in the first place”, and
(b) after “appointment” insert “, which are to be such as the Lord
Chancellor ma y determine”.
(6) In paragraph 7(1) (Lord Chancellor may appoint deputy judge of the Upper
Tribunal for such period as the Lord Chancellor considers appropriate) for
“Lord Chancellor”, in the first plac e, substitute “Senior President of
Tribunals”.
(7) In paragraph 7(3) (persons to whom paragraph 7(4) and (5) apply) for “Sub-
paragraphs (4) and (5)” substitute “The following provisions of this
paragraph”.
(8) For paragraph 7(4) (person to hold and vacate office in accordance with
terms of appointment) substitute—
 “(3A) The person may be removed from office—Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor253
(a) only by the Lord Chancellor (and in accordance with
paragraph 3), and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in the person’s terms of
appointment.
(3B) If the period (or extended period) for which the person is
appointed ends before—
(a) the day on which the pers on attains the age of 70, or
(b) if different, the day that for the purposes of section 26 of
the Judicial Pensions and Retirement Act 1993 is the
compulsory retirement date fo r the office concerned in the
person’s case,
then, subject to sub-paragraph (3C), the Lord Chancellor must
extend the period of the person’s  appointment (including a period
already extended under this su b-paragraph) before it ends.
(3C) Extension under sub-paragraph (3B)—
(a) requires the person’s agreement,
(b) is to be for such period as the Lord Chancellor considers
appropriate, and
(c) may be refused on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in the person’s terms of
appointment,
but only with any agreement of  a senior judge (see section
46(7)), or a nominee of a senior judge, that may be required
by those terms.
(4) Subject to the previous provisions  of this paragraph (but subject in
the first place to the Judicial Pens ions and Retirement Act 1993), a
person is to hold and vacate offi ce as a deputy judge of the Upper
Tribunal in accordance with th e person’s terms of appointment,
which are to be such as the Lord Chancellor may determine.”
47 (1) Schedule 4 (chambers, and chamber pr esidents, for the Firs t-tier Tribunal or
the Upper Tribunal) is amended as follows.
(2) In the italic headings before each of paragraphs 1 and 2 for “by Lord
Chancellor” substitute “under section 7(7)”.
(3) In paragraph 2(1) (duty to consult before appointing senior court judge as
chamber president) for “Lord Chancellor must consult the Senior President
of Tribunals before the Lord Chance llor” substitute “S enior President of
Tribunals must consult the Lord Chancellor before the Senior President of
Tribunals”.
(4) In paragraph 2(2) to (4) (which rela te to the power under section 7(7)) for
“Lord Chancellor”, in each place, substi tute “Senior President of Tribunals”.
(5) In paragraph 2 after sub-paragraph (4) insert—
 “(4A) The Senior President of Tribunals may make a request under sub-
paragraph (2), (3) or (4) only  with the Lord Chancellor’s
concurrence.”Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor254
(6) In paragraph 2(5) (judge nominated must be appointed as Chamber
President) for “Lord Chancellor” substitute “Senior President of Tribunals”.
(7) In paragraph 3(1) (Chamber President to hold and vacate office in
accordance with terms of appointment)—
(a) for “(subject” substitu te “but subject to paragraph 5A (and subject in
the first place”, and
(b) at the end insert “, and those terms are to be such as the Lord
Chancellor may determine.”
(8) In paragraph 5(1) (Lord Chancellor ’s power to appoint Deputy Chamber
Presidents for the First-tier or Upper Tribunal) for “Lord Chancellor”
substitute “Senior President of Tribunals”.
(9) In paragraph 5(3) and (5) to (7) (whi ch relate to the power under paragraph
5(1)) for “Lord Chancellor”, in each place, substitute “Senior President of
Tribunals”.
(10) In paragraph 5(3)(a) (duty to consul t Senior President of Tribunals) for
“Senior President of Tribunals”  substitute “L ord Chancellor”.
(11) In paragraph 5 after sub-paragraph (7) insert—
 “(7A) The Senior President of Tribunals may make a request under sub-
paragraph (5), (6) or (7) only  with the Lord Chancellor’s
concurrence.”
(12) In paragraph 5(8) (judge nominated must be appointed as Deputy Chamber
President) for “Lord Chancellor” substitute “Senior President of Tribunals”.
(13) In paragraph 5(9) (Deputy Chamber President to hold and vacate office in
accordance with terms of appointment)—
(a) for “(subject” substitu te “but subject to paragraph 5A (and subject in
the first place”, and
(b) at the end insert “, and those terms are to be such as the Lord
Chancellor may determine.”
(14) After paragraph 5 insert—
“Chamber Presidents and Deputies: removal from office and extension of appointment
5A (1) This paragraph applies to a person—
(a) appointed under section 7(6) or (7) as a Chamber
President, or
(b) appointed under paragraph 5(1) or (2) as a Deputy
Chamber President of a chamber.
(2) If the terms of the person’s a ppointment provide that the person
is appointed otherwise than on a fee-paid basis, the person may be
removed from office—
(a) only by the Lord Chancellor  with the concurrence of the
Senior President of  Tribunals, and
(b) only on the ground of inability or misbehaviour.
(3) If the terms of the person’s a ppointment provide that the person
is appointed on a fee-paid basis,  the person may be removed from
office—Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor255
(a) only by the Lord Chancellor  with the concurrence of the
Senior President of  Tribunals, and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in the person’s terms of
appointment.
(4) If the period (or extended period) for which the person is
appointed ends before—
(a) the day on which the pers on attains the age of 70, or
(b) if different, the day that for the purposes of section 26 of
the Judicial Pensions and Retirement Act 1993 is the
compulsory retirement date fo r the office concerned in the
person’s case,
then, subject to sub-paragraph (5), the Lord Chancellor must
extend the period of the person’s  appointment (including a period
already extended under this su b-paragraph) before it ends.
(5) Extension under sub-paragraph (4)—
(a) requires the person’s agreement,
(b) is to be for such period as the Lord Chancellor considers
appropriate, and
(c) may be refused on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in the person’s terms of
appointment,
but only with any agreement of  a senior judge (see section
46(7)), or a nominee of a senior judge, that may be required
by those terms.”
48 (1) Section 94B of the Constitutional Reform Act 2005 (certain appointments by
Lord Chancellor not subject to section 85 but require concurrence of Senior
President of Tribunals) is amended as follows.
(2) For subsection (1)(b) (concu rrence requirement) substitute—
“(b) the person who has the po wer to make the appointment,
whether the Lord Chancellor or the Senior President of
Tribunals, may not make th e appointment without the
concurrence of the other of them.”
(3) In subsection (2) (Lord Chancellor must also consult Lord Chief Justice in
certain cases) for “Lord Chancellor ” substitute “Senior President of
Tribunals”.
(4) After subsection (5) insert—
“(6) Section 8(1) of the Tribunals, Courts and Enforcement Act 2007
(power of Senior President of Trib unals to delegate functions) does
not apply to—
(a) the Senior President of Tribunals’ function of concurring
under subsection (1)(b), or
(b) the Senior President of Tribunals’ function under subsection
(2).”Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor256
49 (1) Schedule 14 to that Act (Judicial A ppointments Commission : relevant offices
and enactments) is amended as follows.
(2) For the title of Part 3 substitute “T RIBUNAL -RELATED  AND  OTHER
APPOINTMENTS ”.
(3) The table in Part 3 (appointments by  the Lord Chancellor) becomes Table 1
of that Part called “Appointmen ts by the Lord Chancellor”.
(4) Move the entries for the following office s from Table 1 of Part 3 to form Table
2 of that Part called “Appointments by the Senior President of Tribunals”
(and with the same column headings)—
Chamber President of a chamber of the First-tier Tribunal, or of a
chamber of the Upper Tribunal, by  appointment under section 7(7)
of the Tribunals, Courts and En forcement Act 2007, but not where
appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to
that Act
Judge of the First-tier Tribunal by  appointment under paragraph 1(1) of
Schedule 2 to that Act
Other member of the First-tier Tribunal by appointment under
paragraph 2(1) of that Schedule
Other member of the Upper Tribunal  by appointment under paragraph
2(1) of Schedule 3 to that Act
Deputy judge of the Upper Tribunal  by appointment under paragraph
7(1) of that Schedule
Deputy Chamber President of a chambe r of the First-tier Tribunal, or of
a chamber of the Upper Tribunal, but not where appointed in
accordance with paragraph 5(5) to (8) of Schedule 4 to that Act
(5) In the entry in Part 3 for Deputy Chief Coroner appointed under paragraph
2(5) of Schedule 8 to the Coroners an d Justice Act 2009, for “2(5)” substitute
“2(6)”.
(6) In paragraph 51 of Schedule 21 to the Coroners and Justice Act 2009 (which
inserts entries at the end of Part 3 of Schedule 14 to the 2005 Act)—
(a) after “at the end of” insert “Table 1 of”, and
(b) for “2(5)” substitute “2(6)”.
(Accordingly, the power to commence that paragraph 51 becomes a power
to commence it as amended by this sub-paragraph.)
Appointments by Lord Chief Justice or Senior  President of Tribunals: equalities provisions
50 (1) Section 50 of the Equality Act 2010 (public offices: appointments, etc) is
amended as follows.
(2) In subsection (2) (meaning of “publi c office”) after paragraph (c) insert—
“(d) an office or post, appointmen t to which is made by the Lord
Chief Justice or the Senior  President of Tribunals.”
(3) In each of subsections (3) to (6), (9) and (11)(b) (office s within subsection
(2)(a) or (b)) for “or (b)” su bstitute “, (b) or (d)”.
51 (1) Section 51 of the Equality Act 2010  (public offices: recommendations for
appointments, etc) is amended as follows.Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor257
(2) In subsections (1) to (4) (which apply to an office within  section 50(2)(a) or
(b)) for “or (b)” substitute “, (b) or (d)”.
(3) In subsection (5) (interpretation)  after “50(2)(a)” insert “or (d)”.
Certain deployments to the High Court to be made from pool of selected judges 
52 In section 9 of the Senior Courts Act 1981 (which includes provision for
requesting certain judges to act as judges of other courts) after subsection
(2C) insert—
“(2CA) In the case of a request to a person within entry 5 or 6 in column 1 of
the Table to act as a judge of the High Court, the appropriate
authority may make the request only if the person is a member of the
pool for requests under subsection (1) to persons with in that entry.”
Main change in selection process
53 (1) The Constitutional Reform Act 2005 is amended as follows.
(2) Omit—
(a) sections 71 to 75 (selection for appointment of Lord Chief Justice or
Head of Division),
(b) sections 75C to 75G (selection for appointment of Senior President of
Tribunals),
(c) sections 80 to 84 (selection for appointment of ordinary judge of the
Court of Appeal),
(d) sections 89 to 93 (selection for appointment of puisne judge of the
High Court or to an office listed in Schedule 14), and
(e) section 96 (effect of acceptance of selection).
(3) Before section 95 (but after the italic  heading preceding th at section) insert—
“94C Selection process
(1) The Lord Chancellor must by re gulations made with the agreement
of the Lord Chief Justice—
(a) make further provision about th e process to be applied in a
case where the Commission rece ives a request under section
87;
(b) make further provision about—
(i) membership of selectio n panels appointed under
section 70, 75B or 79, and
(ii) the process that is to be  applied in a case where a
selection panel is required to be appointed under
section 70, 75B or 79;
(c) secure, subject to section 95 and any provision within
subsection (2)(d) that is includ ed in the regulations, that in
every case referred to paragraph (a) or (b)(ii) there will come
a point in the process when a selection has to be accepted,
either unconditionally or subjec t only to matters such as the
selected person’s willingness an d availability, by or on behalf
of the appropriate authority.
(2) The regulations may in particular—Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor258
(a) provide for process addition al to the selection process
applied under section 70(2), 75B( 2), 79(2) or 88(1), including
post-acceptance process;
(b) make provision as to things that are, or as to things that are
not, to be done—
(i) as part of the selection process applied under section
70(2), 75B(2), 79(2) or 88(1), or
(ii) in determining what that process is to be;
(c) provide for selection on a requ est under section 87 to be from
among persons identified under section 94 in response to
advance notice of the request;
(d) provide for section 88(1)(c) no t to apply where, or to the
extent that, the Commission decides that the selection
process applied under section 88(1) has not identified
candidates of sufficient merit for it to comply with section
88(1)(c);
(e) give functions to the Lord Chancellor, including—
(i) power to require a selection panel to reconsider a
selection under section 70(2 ), 75B(2) or 79(2) or any
subsequent selection,
(ii) power to reject a selection under section 70(2) or any
subsequent selection,
( i i i ) p o w e r  t o  r e j e c t  a  s e l e ction under section 75B(2) or
79(2) or any subsequent selection,
(iv) power to reject, or require the reconsideration of,
initial or subsequent sele c t i o n s  m a d e  o n  a  r e q u e s t
under section 87, and
(v) power to require the reconsideration of a decision
mentioned in paragraph (d);
(f) give functions to the Lord Ch ief Justice in connection with
selection for an office listed in Table 2 of Part 1 or 2 of
Schedule 14 or in connection  with selection for membership
of a pool for requests under section 9(1) of the Senior Courts
Act 1981, including—
(i) power to reject, or require the reconsideration of,
initial or subsequent sele c t i o n s  m a d e  o n  a  r e q u e s t
under section 87, and
(ii) power to require the reconsideration of a decision
mentioned in paragraph (d);
(g) give functions to the Seni or President of Tribunals in
connection with selection for an office listed in Table 3 of Part
1, or Table 2 of Part 3, of Schedule 14, including—
(i) power to reject, or require the reconsideration of,
initial or subsequent sele c t i o n s  m a d e  o n  a  r e q u e s t
under section 87, and
(ii) power to require the reconsideration of a decision
mentioned in paragraph (d);
(h) make provision for or in conn ection with duties mentioned in
section 51 of the Equality Act 2010 being duties of the Lord
Chief Justice, or Senior Presiden t of Tribunals, in relation to
an office within Table 2 or 3 of Part 1 of Schedule 14;Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor259
(i) provide for particular action to be taken by the Commission
or a selection panel after the panel has complied with section
70, 75B or 79;
(j) provide for particular action to be taken by the Commission
after a selection has been made on a request under section 87;
(k) provide for the dissolution of a selection panel appointed
under section 70, 75B or 79;
(l) provide for section 16(2)(a) or (b) not to apply in relation to
functions of the Lord Chief Justice—
(i) as a member of such a panel (including functions of
chairing such a panel), or
(ii) in relation to the no mination or appointment of
members of such a panel;
(m) provide for a person to cease to be a member of such a panel
where the person’s membership of the panel ceases to
contribute to meeting a requirement about the panel’s
members;
(n) provide for a person to become a member of such a panel
where another person ceases to  be a member of the panel or
where another person’s member ship of the panel ceases to
contribute to meeting a requirement about the panel’s
members;
(o) make provision for or in connection with assessments,
whether pre-acceptance or post -acceptance, of the health of
persons selected;
(p) provide for the Lord Chief Just ice to nominate a judicial office
holder (as defined in section 109(4)) to exercise functions
given to the Lord Chief Justic e by the regulations (including
functions, such as functions as a consultee, given otherwise
than in reliance on paragraph (f));
(q) make provision prohibiting or restricting delegation by the
Senior President of Tribunals of  functions given to the Senior
President of Tribunals by the regulations (including
functions, such as functions as a consultee, given otherwise
than in reliance on paragraph (g));
(r) make provision as to the meani ng of “non-legally-qualified”
and “judicial member” in sections 70, 75B and 79.
(3) Regulations under this section—
(a) may make different provis ion for different purposes;
(b) may make transitory, transitional or saving provision.
(4) In subsection (1)(c) “the appropriate authority” means—
(a) the Lord Chancellor  where the selection—
(i) is on a request under section 69 or 78,
(ii) relates to the office of Se nior President of Tribunals or
puisne judge of the High Court, or
(iii) relates to an office listed in Table 1 of Part 1, 2 or 3 of
Schedule 14;
(b) the Lord Chief Justice where th e selection relates to an office
listed in Table 2 of Part 1 or 2 of that Schedule;Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor260
(c) the Senior President of Trib unals where the selection relates
to an office listed in Table 3 of Part 1, or Table 2 of Part 3, of
that Schedule.
(5) This section is subject to section 95.”
Other changes in relation to selection process and complaints
54 The Constitutional Reform Act 2005 is amended as follows.
55 In section 66(1)(a) (Lord Chancellor to consult Lord Chief Justice before
issuing guidance about selection pr ocedures) for “consult” substitute
“obtain the agreement of”.
56 In section 67 (sections 68 to 75 apply in relation to appointment of Lord Chief
Justice or Head of Division)—
(a) in subsection (1) for “ 75” substitute “70”, and
(b) in subsection (2) for “96” subs titute “94C and regulations made
under it”.
57 In section 69 (sections 70 to 75 apply where request made under section
69)—
(a) in subsection (4) for “Sections 70 to 75 apply” substitute “Section 70
applies”, and
(b) in subsection (5) for “T hose sections are” substitute “That section is”.
58 (1) Section 70 (process for selecting pe rson to be recommended for appointment
as Lord Chief Justice or Head of  Division) is amended as follows.
(2) After subsection (1) insert—
“(1A) The panel must have an odd number of members not less than five.
(1B) The members of the panel must include—
(a) at least two who ar e non-legally-qualified,
(b) at least two judicial members, and
(c) at least two members of the Commission,
and contributions to m eeting more than one of  the requirements may
be made by the same person’s membership of the panel.
(1C) The members of the panel may not include the current holder of the
office for which a selection is to be made.
(1D) If the panel is convened for the selection of a person to be
recommended for appointment as Lo rd Chief Justice, it is to be
chaired by one of its non- legally-qualified members.”
(3) In subsection (2)(a) (panel  to determine selection process to be applied) after
“applied” insert “by it”.
(4) Omit subsection (2A) (s teps that are to be part of selection process).
(5) In subsection (4) (subsection (3) applie s to selection under section 70 or 75)
for “section 75” substitute “r egulations under section 94C”.
(6) Omit subsection (5 ) (if practicable, panel to cons ult current holder of office).Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor261
59 In section 75A (sections 75B to 75G apply where request made under
paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act
2007)—
(a) in subsection (1) for “Sections 75 B to 75G apply” substitute “Section
75B applies”, and
(b) in subsection (2) for “T hose sections are” substitute “That section is”.
60 (1) Section 75B (process for select ing person to be recommended for
appointment as Senior President of Tribunals) is amended as follows.
(2) After subsection (1) insert—
“(1A) The panel must have an odd number of members not less than five.
(1B) The members of the panel must include—
(a) at least two who ar e non-legally-qualified,
(b) at least two judicial members, and
(c) at least two members of the Commission,
and contributions to m eeting more than one of  the requirements may
be made by the same person’s membership of the panel.
(1C) The members of the panel may not include the Senior President of
Tribunals.”
(3) In subsection (2)(a) (panel  to determine selection process to be applied) after
“applied” insert “by it”.
(4) In subsection (5) (subsection (4) a pplies to selection under section 75B or
75G) for “section 75G” substitute “regulations under section 94C”.
61 In section 76 (sections 77 to 84 appl y in relation to appointment of ordinary
judges of the Court of Appeal)—
(a) in subsection (1) for “ 84” substitute “79”, and
(b) in subsection (2) for “96” subs titute “94C and regulations made
under it”.
62 In section 78 (sections 79 to 84 apply where request made under section
78)—
(a) in subsection (4) for “Sections 79 to 84 apply” substitute “Section 79
applies”, and
(b) in subsection (5) for “T hose sections are” substitute “That section is”.
63 (1) Section 79 (process for selecting pe rson to be recommended for appointment
as ordinary judge of Court of Appeal) is amended as follows.
(2) After subsection (1) insert—
“(1A) The panel must have an odd number of members not less than five.
(1B) The members of the panel must include—
(a) at least two who ar e non-legally-qualified,
(b) at least two judicial members, and
(c) at least two members of the Commission,
and contributions to m eeting more than one of  the requirements may
be made by the same person’s membership of the panel.”Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor262
(3) In subsection (2)(a) (panel  to determine selection process to be applied) after
“applied” insert “by it”.
(4) In subsection (4) (subsection (3) applie s to selection under section 79 or 84)
for “section 84” substitute “r egulations under section 94C”.
64 (1) Section 85 (sections 86 to 93 appl y in relation to appointment of puisne
judges of the High Court or to offices listed in Schedule 14) is amended as
follows.
(2) In subsection (1)—
(a) for “93” substitute “88”,
(b) in paragraph (c) before “Part 2 or 3” insert “Table 1 of”, and
(c) after paragraph (c) insert—
“(d) an appointment to an office listed in Table 2 of Part 2
of that Schedule in exercise  of the Lord Chief Justice’s
function under the enactm ent listed opposite that
office;
(e) an appointment to an office listed in Table 2 of Part 3
of that Schedule in exerci se of the function of the
Senior President of Tribunals under the enactment
listed opposite that office.”
(3) In subsection (2) for “96” substitute  “94C and regulati ons made under it”.
(4) After subsection (4) insert—
“(5) The Lord Chancellor may by order provide that this section does not
apply to appointments to an offi ce listed in Schedule 14 that is
specified in the order.
(6) An office may not be specified in  an order under subsection (5) if—
(a) the provisions governing appo intment to the office provide
that a person is eligible fo r appointment only where the
person satisfies the single condition specified in the
provisions, and
(b) that condition is one of the conditions listed in subsection (8).
(7) An office may not be specified in  an order under subsection (5) if—
(a) the provisions governing appo intment to the office provide
that a person is eligible fo r appointment only where the
person satisfies one or some othe r particular number or all, or
at least one or at least some other particular number, of
several conditions specified in the provisions, and
(b) at least one of the conditions specified in the provisions is
listed in subsection (8).
(8) The conditions are—
(a) that the person satisfies th e judicial-appointment eligibility
condition on an N-year basis (where N is a particular
number);
(b) that the person is a solicitor in  Scotland of at least a particular
number of years’ standing;
(c) that the person is an advoca te in Scotland of at least a
particular number of years’ standing;Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor263
(d) that the person is a solicitor in  Northern Ireland of at least a
particular number of years’ standing;
(e) that the person is a barrister in Northern Ireland of at least a
particular number of years’ standing.
(9) Before making an order under su bsection (5) the Lord Chancellor
must consult the Lord Chief Justice,  the Lord President of the Court
of Session and the Lord Chief Justice of Northern Ireland.
(10) An order unde r subsection (5)—
(a) may make different provis ion for different purposes;
(b) may make consequential, transitory, transitional or saving
provision.”
65 (1) Section 86 (duty to fill va cancies) is amended as follows.
(2) After subsection (1) (duty to make a recommendation to fill vacancy for a
puisne judge of the High Court or in an office listed in Part 1 of Schedule 14)
insert—
“(1A) The Lord Chancellor must, as soon  as is reasonably practicable after
being informed by the Lord Chief Justice that a selection under this
Chapter for a recommendation for an appointment to an office listed
in Table 2 of Part 1 of that Schedule has been accepted
unconditionally or subject to conditions that have since been met,
make a recommendation of the selected person for an appointment
to that office.
(1B) The Lord Chancellor must, as soon  as is reasonably practicable after
being informed by the Senior Presid ent of Tribunals that a selection
under this Chapter for a recommendation for an appointment to an
office listed in Table 3 of Part 1 of that Schedule has been accepted
unconditionally or subject to conditions that have since been met,
make a recommendation of the selected person for an appointment
to that office.”
(3) In subsection (2) (Lord Chan cellor must fill vacancy in office listed in Part 2
or 3 of Schedule 14) after “listed in” insert “Table 1 of”.
(4) After that subsection insert—
“(2A) The Lord Chief Justice must make an appointment to fill any vacancy
in an office listed in Table 2 of Part 2 of that Schedule.
(2B) The Senior President of Tribunals must make an appointment to fill
any vacancy in an office listed in Table 2 of Part 3 of that Schedule.”
(5) After subsection (3) insert—
“(4) Subsections (2A) and (2B) do no t apply to a vacancy while the Lord
Chancellor agrees that it may remain unfilled.”
66 (1) Section 87 (request for selection of  person to fill vacancy for High Court
judge or in an office listed in Sc hedule 14) is amended as follows.
(2) After subsection (1) insert—
“(1A) The Lord Chancellor may request the Commission to select a person
for membership of a pool for reques ts under section 9(1) of the SeniorCrime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor264
Courts Act 1981, and a person may become a member of such a pool
only by selection on a request under this subsection.”
(3) In subsection (4) (sections 88 to 93  apply where request made under section
87) for “Sections 88 to 93 apply” substitute “Secti on 88 applies”.
(4) In subsection (5) for “Those sectio ns are” substitute  “That section is”.
67 In section 88 (selection process: puis ne judges of High Court and other office
holders)—
(a) omit subsection (2 ) (insufficient cand idates of merit),
(b) omit subsection (3) (required elements of  selection process),
(c) in subsection (4) (dut y to arrange selection of one person for each
recommendation or appointment to which a request relates) for “or
appointment” substitute “, appo intment or pool membership”, and
(d) in subsection (5) (sub section (4) applies to se lection under section 88,
92 or 93) for “section 92 or 93” su bstitute “regulations under section
94C”.
68 For section 94 (Commission’s duty to identify persons suitable for selection
on a future request) substitute—
“94 Power to require persons to be identified for future requests
(1) If the Lord Chancellor gives th e Commission notice of a request
which the Lord Chancellor expects to make under section 87, the
Commission must seek to identify persons it considers would be
suitable for select ion on the request.
(2) The Lord Chancellor may, by re gulations made with the agreement
of the Lord Chief Justice, make provision about how the Commission
is to comply with a duty imposed on it by subsection (1).
(3) The regulations may in particular—
(a) make provision as to things that are, or as to things that are
not, to be done—
(i) in complying with such a duty, or
(ii) in determining how to comply with such a duty;
(b) provide for the making of reports.
(4) Regulations under this section—
(a) may make different provis ion for different purposes;
(b) may make consequential, supplementary, transitory,
transitional or saving provision.”
69 (1) Section 95 (Lord Chancellor’s power to withdraw or modify a request) is
amended as follows.
(2) In subsection (2) befo re paragraph (a) insert—
“(za) the Lord Chancellor may withdraw or modify a request in
consequence of a vacancy, or perceived need for an
additional office-holder, having been filled or partly filled by
change in the amount of time required to be devoted to the
duties of office by an existing holder of the office concerned;”.Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor265
(3) In that subsection af ter paragraph (b) insert—
“(ba) so far as a request relates to any pool membership, the Lord
Chancellor may withdraw or modify it after consulting the
Lord Chief Justice;”.
(4) In subsection (2)(c) (withdrawal of request where selection process
unsatisfactory)—
(a) for “he”, in both places, substi tute “the Lord Chancellor”, and
(b) for “or appointments” substitute “, appointments or pool
memberships”.
(5) In subsection (3 ) (selection already accept ed may not be changed in
consequence of modification or part-w ithdrawal of request) after “accepted”
insert “unconditionally or subject only to matters such as the selected
person’s willingness and availability”.
(6) In subsection (4) (request ma y not be withdrawn on ground of
unsatisfactory process after exercise of  power to accept, reject or require
reconsideration of selection) for the words after “if” substitute “a selection
made pursuant to the request—
(a) has been accepted unconditiona lly or subject only to matters
such as the selected person’s  willingness and availability, or
(b) in exercise of power conferre d by regulations under section
94C, has been rejected or re quired to be reconsidered.”
70 (1) Section 97 (consultation under certai n provisions to be with head of the
judiciary in Scotland or Northern Irel and instead of with Lord Chief Justice
of England and Wales) is amended as follows.
(2) In subsection (1) (list of pr ovisions requiring consultation)—
(a) omit paragraphs (b), (c) and (e), and
(b) in paragraph (d) for “95(2)(a),  (b)” substitute “95(2)(b)”.
(3) In subsection (4) (modification where requirement is to obtain concurrence
rather than to consult) after “section 94A(1)” insert “or 95(2)(a)”.
71 (1) In section 99 (judicial appointments: complaints) after subs ection (3) insert—
“(3A) An LCJ complaint is a complaint by a qualifying complainant of
maladministration by the Lord Ch ief Justice or the Lord Chief
Justice’s nominee, or anyone acting  on behalf of either of them, in
connection with—
(a) selection under this Part for an  office listed in Table 2 of Part
1 or 2 of Schedule 14,
(b) appointment to an office listed in Table 2 of Part 2 of that
Schedule, or
( c ) s e l e c t i o n  u n d e r  t h i s  P a r t  f o r  m e m b e r s h i p  o f  a  p o o l  f o r
requests under section 9(1) of the Senior Courts Act 1981,
or of maladministration by the Lord Chief Justice or the Master of the
Rolls or the Lord Chief Justice’s nominee, or anyone acting on behalf
of any of them, in connection with the making of requests under
section 9(1) of that Act.
(3B) An SPT complaint is a complain t by a qualifying complainant of
maladministration by the Senior Pr esident of Tribunals or a personCrime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 4 — Judicial appointmen ts: selection, and transfer of powers of Lord Chancellor266
to whom the Senior President ha s delegated functions, or anyone
acting on behalf of either of them, in connection with—
(a) selection under this Part for an  office listed in Table 3 of Part
1 of Schedule 14 or in Table 2 of Part 3 of that Schedule, or
(b) appointment to an office listed in Table 2 of Part 3 of that
Schedule.”
72 In section 100 (duty to make arrangem ents to investigate complaints) after
subsection (2) insert—
“(2A) The Lord Chief Just ice must make arrangem ents for investigating
any LCJ complaint made to the Lord Chief Justice.
(2B) The Senior President of Tribun als must make arrangements for
investigating any SPT complaint ma de to the Senior President of
Tribunals.”
73 (1) Section 101 (complaints to th e Judicial Conduct and Appointments
Ombudsman) is amended as follows.
(2) In subsections (1)(a) and (4)(a) (investi gation of complain ts previously made
to Judicial Appointments Commission or Lord Chancellor) for “or the Lord
Chancellor” substitute “, the Lord Chan cellor, the Lord Ch ief Justice or the
Senior President of Tribunals”.
(3) In subsection (1)(b) for “Commissio n’s or Lord Chancellor’s decision”
substitute “decision of the Commission, the Lord Chancellor, the Lord Chief
Justice or the Senior Pr esident of Tribunals”.
74 In section 102 (Ombudsman’s reports and recommendations)—
(a) in subsection (2)(c) (recomme nded action) for “or the Lord
Chancellor” substitute “, the Lord Chancellor, the Lord Chief Justice
or the Senior President of Tribunals”, and
(b) in subsection (4) (compensation no t to be recommended for failure to
be appointed to an office) after “office” insert “, or selected for
membership of a pool,”.
75 (1) Section 103 (Ombudsman’s re ports) is amended as follows.
(2) For subsection (2) (drafts of reports) substitute—
“(2) The Ombudsman must submit a draft of the report to the Lord
Chancellor and to—
(a) the Commission if the complaint was a Commission
complaint;
(b) the Lord Chief Justice if th e complaint was an LCJ complaint;
(c) the Senior President of Tribun als if the complaint was an SPT
complaint.”
(3) In subsection (3) (duty to have regard to comments on draft) for “or the
Commission” substitute “the Commissi on, the Lord Chie f Justice or the
Senior President of Tribunals”.
(4) After subsection (5) insert—
“(5A) If the complaint wa s an LCJ complaint th e Ombudsman must send
the report in duplicate to the Lo rd Chancellor and the Lord Chief
Justice.Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor267
(5B) If the complaint was an SPT complaint the Ombudsman must send
the report in duplicate to the Lord Chancellor and the Senior
President of Tribunals.”
76 (1) Section 104 (referrals to Judicial  Conduct and Appointments Ombudsman of
matters relating to Judicial Appo intments Commission) is amended as
follows.
(2) In subsection (1) (duty to investigat e matter referred by Lord Chancellor)
after “Lord Chancellor” insert “, th e Lord Chief Justice or the Senior
President of Tribunals”.
(3) In subsection (3) (repor t on referred matter) afte r “Lord Chancellor” insert
“, the Lord Chief Justice and the Senior President of Tribunals”.
77 In section 105 (provision of information to Ombudsman) after “The
Commission” insert “, the Lord Chie f Justice, the Senior President of
Tribunals”.
78 In section 144(5) (orders and regulati ons subject to affirmative procedure)
after paragraph (a) insert—
“(aa) an order under section 85(5);
(ab) regulations under section 94 or 94C;”.
79 In paragraph 2 of Schedule 7 (functions of Lord Chancellor under the Act are
protected from transfer to  other Ministers etc) after “under this Act” insert
“, including any function under prov ision inserted into this Act by—
(a) the Crime and Courts Act 2013, or
(b) any earlier or later enactment”.
80 In Schedule 12 (the Judicial Appoin tments Commission) in paragraphs 20(6)
and 27(3) (selection panels under section 70 or 79) after “70” insert “, 75B”.
Changes in relation to selection process: consequential repeals
8 1 O m i t  P a r t  5  o f  t h i s  S c h e d u l e  ( a m e n d m e n t s  w h i c h  c o m e  i n t o  f o r c e  o n  t h e
passing of this Act, but which are superseded on amendments made by this
Part of this Schedule be ing brought into force).
PART 5
SELECTION  OF LORD CHIEF JUSTICE  AND  HEADS  OF DIVISION : TRANSITORY  PROVISION
82 (1) The Constitutional Reform Act 2005 is amended as follows.
(2) In section 70 (selection process fo r appointment of Lord Chief Justice or
Head of Division) after subsection (2) insert—
“(2A) In determining the se lection process to be applied, the panel must
ensure that the process—
(a) includes consultation of  the Lord Chancellor, and
(b) if the request relates to a recommendation for an
appointment to the office of Lord Chief Justice, also includes
consultation of the Firs t Minister for Wales.”
(3) For section 71 of the Constitutional Reform Act 2005 (selection panel forCrime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 5 — Selection of Lord Chief Justice an d Heads of Division: transitory provision268
appointment of Lord Chief Justice or Head of Division) substitute—
“71 Selection panel for appointment of Lord Chief Justice
(1) This section applies where the request relates to a recommendation
for an appointment to the o ffice of Lord Chief Justice.
(2) The selection panel must  consist of five members.
(3) The first member is the chairman  of the Commission, unless there is
no chairman of the Commission or  the chairman of the Commission
is incapacitated.
(4) If there is no chairman of the Commission or the chairman of the
Commission is incapacita ted, the first member is a lay member of the
Commission selected by the lay members of the Commission other
than the chairman.
(5) The second member is the most  senior England and Wales Supreme
Court judge who is neither disqua lified nor incapacitated, or that
judge’s nominee.
(6) The third member is a lay member of the Commission designated by
the first member.
(7) The fourth member is a member of the Commission designated by
the first member.
(8) The fifth member is a person de signated by the Lord Chief Justice,
unless subsection (10) applies.
(9) Subsection (10) applies if—
(a) there is no Lord Chief Justice, or
(b) the Lord Chief Just ice is incapacitated.
(10) In those cases the most senior  England and Wales Supreme Court
judge who is neither disqualifie d nor incapacitated must, after
consulting the first member, design ate a person as the fifth member.
(11) Only the following may be a nominee under subsection (5) or
designated under subsection (8) or (10)—
(a) an England and Wale s Supreme Court judge,
(b) a Head of Division, or
(c) an ordinary judge of the Co urt of Appeal in England and
Wales.
(12) A person may not be a nominee under subsection (5), or be
designated under this  section, if the person is disqualified.
(13) Before designating a person under subsection (7) as the fourth
member, the first member must, if pr acticable, consult the Lord Chief
Justice.
(14) The first member is the chairman of the panel.
(15) A person is disqualified for the purposes of this section if—
(a) the person is the Lord Chief Justice,
(b) the office of Lord Chief Justic e is vacant and the person is the
immediate previous holder of that office, orCrime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 5 — Selection of Lord Chief Justice and Heads of Division: transitory provision269
(c) the person is willing to be considered for selection.
71A Selection panel for appointment of Head of Division
(1) This section applies where the request relates to a recommendation
for an appointment to one of the following offices—
(a) Master of the Rolls;
(b) President of the Queen’s Bench Division;
(c) President of the Family Division;
(d) Chancellor of the High Court.
(2) The selection panel must  consist of five members.
(3) The first member is the Lord Chie f Justice or the Lo rd Chief Justice’s
nominee, unless subsection (9) applies.
(4) Unless subsection (9) applies, th e second member is the most senior
England and Wales Supreme Court ju dge who is neither disqualified
nor incapacitated, or that judge’s nominee.
(5) The third member is the chairman of the Commission or the
chairman’s nominee, unless subsection (11) applies.
(6) The fourth member is a lay me mber of the Commission designated
by the third member.
(7) The fifth member is a person de signated by the first member after
consulting the third member.
(8) Subsection (9) applies if—
(a) there is no Lord Chief Justice,
(b) the Lord Chief Just ice is disqualified, or
(c) the Lord Chief Just ice is incapacitated.
(9) In those cases—
(a) the most senior England and Wales Supreme Court judge
who is neither disqualified nor incapacitated, or that judge’s
nominee, is the first member, and
(b) the second member is a person designated by the first
member.
(10) Subsection (11) applies if—
(a) there is no chairman of the Commission, or
(b) the chairman of the Co mmission is incapacitated.
(11) In those cases the third member of the Commission is a lay member
of the Commission selected by the lay members of the Commission
other than the chairman.
(12) Only the following may be a no minee under subsection (3), (4) or
(9)(a) or designated un der subsection (9)(b)—
(a) an England and Wale s Supreme Court judge,
(b) a Head of Division, or
(c) an ordinary judge of the Co urt of Appeal in England and
Wales.Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 5 — Selection of Lord Chief Justice an d Heads of Division: transitory provision270
(13) Only a lay member of the Commission may be a nominee under
subsection (5).
(14) Only the following may be de signated under subsection (7)—
(a) an England and Wale s Supreme Court judge,
(b) a senior judge (as defined by section 109(5)),
(c) the holder of an office  listed in Schedule 14, or
(d) a member of the Commission.
(15) A person may not be a nominee under this section, or be designated
under this section, if th e person is disqualified.
(16) The first member is the chairman of the panel.
(17) A person is disqualified for the purposes of this section if—
(a) the person is the current ho lder of the office for which a
selection is to be made, or
(b) the person is willing to be considered for selection.
71B Sections 71 and 71A: di versity and interpretation
(1) Subsection (2) applie s where a person chooses a person to be a
member of a selection panel under section 71 or 71A (whether as a
nominee, as a designated member or otherwise).
(2) The person making the choice  must, in doing so, have regard
(alongside all other relevant considerations) to the fact that it is
desirable that the members of the panel should include— 
(a) both women and men, and
(b) members drawn from a range of different racial groups;
and in this subsection “racial group” has the same meaning as in
section 9 of the Equality Act 2010.
(3) Section 16 does not apply to func tions of the Lord Chief Justice under
section 71 or 71A; and references in sections 71 and 71A to a person
being incapacitated are to the pe rson being incapacitated in the
opinion of the Lord Chancellor.
(4) Seniority amongst the judges of  the Supreme Court who are England
and Wales Supreme Court judges is  to be determined for the
purposes of sections 71 and 71A as follows—
(a) the President of the Supreme Court, if an England and Wales
Supreme Court judge, is senior  to all other England and
Wales Supreme Court judges;
(b) the Deputy President of the Supreme Court, if an England
and Wales Supreme Court judge, is senior to all ordinary
England and Wales Supreme Court judges;
(c) one ordinary England and Wales Supreme Court judge is
senior to another if that first judge has served longer as a
judge of the Supreme Court (whether over one or more
periods and whether or not in cluding one or more previous
periods as President or Depu ty President of the Court).
(5) In subsection (4) “ordinary England and Wales Supreme Court
judge” means an Engl and and Wales Supreme Court judge who is
neither the President of the Court nor the Deputy President.Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 5 — Selection of Lord Chief Justice and Heads of Division: transitory provision271
(6) Service as a Lord of Appeal in Ordinary counts as service as a judge
of the Supreme Court for the pu rposes of subsection (4)(c).
(7) In sections 71 and 71A and this section “England and Wales Supreme
Court judge” means a judge of the Supreme Court who has held high
judicial office in England and Wales before appointment to the
Court.”
(4) In paragraph 11(3) of Schedule 12 (fu nctions of the chairman of the Judicial
Appointments Commission which, in the chairman’s absence, are not
exercisable by the vice-chairma n) after paragraph (b) insert—
“(ba) section 71A;”.
(5) An amendment made by this paragraph does not have effect in relation to a
request under section 69 of the Consti tutional Reform Act 2005 received by
the Judicial Appointments Commissi on before the amendment comes into
force.
PART 6
APPOINTMENT  OF JUDGE  TO EXERCISE  FUNCTIONS  OF A HEAD OF DIVISION  IN CASE  OF 
INCAPACITY  OR A VACANCY  ETC
83 Where a Head of Division is incapabl e of exercising relevant functions, or
the office of a Head of Division is vacant, the Lord Chief Justice may, with
the concurrence of the Lord Chancellor , appoint a judge of  the Senior Courts
to exercise relevant function s of the Head of Division.
84 An appointment under paragraph 83—
(a) must be in writing,
(b) must specify the functions that may be exercised by the appointed
judge, and
(c) must set out the duration of the appointment.
85 In paragraph 83—
“Head of Division” means—
(a) the Master of the Rolls,
(b) the President of the Queen’s Bench Division,
(c) the President of the Family Division, or
(d) the Chancellor of the High Court;
“the Lord Chief Justice”  means the Lord Chief Justice of England and
Wales;
“the Senior Courts” means the Seni or Courts of England and Wales.
86 In this Part of this Schedule “relev ant functions” means functions under any
of the following—
section 5 of the Public Notaries Act 1843 (functions of Chancellor of the
High Court in relation to refusal of master of the faculties to grant a
faculty to practise as a public notary);
section 8(5) of the Public Records Act 1958 (President of the Family
Division to be consulted in relation  to transfer of certain records);
section 5(2) or (3) of the Senior Co urts Act 1981 (concurrence of Heads
of Division with transfer of judge s between Divisions of High Court
etc);Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 6 — Appointment of judge to exercise functions of a He ad of Division in case of incapacity or a vacancy etc272
section 7(1) of the Senior Courts Ac t 1981 (power of Lord Chancellor,
Lord Chief Justice and Heads of Division, acting collectively, to
recommend alteration of Divi sions of High Court etc);
section 11(9) of the Senior Courts Act 1981 (concurrence of particular
Heads of Division etc with Lord Chancellor’s declaration of a
v a c a n c y  i n  t h e  o f f i c e  o f  a  j u d g e  o f  t h e  S e n i o r  C o u r t s  w h o  i s
permanently incapacitated and unable to resign);
section 54 of the Senior Courts Act 1981 (functions of Master of the Rolls
in relation to composition of cour ts of civil division of Court of
Appeal);
section 57 of the Senior Courts Act 19 81 (determination by Master of the
Rolls with concurrence of Lord Chance llor of sittings of civil division
of Court of Appeal during vacation);
section 61(5) of the Senior Courts Act 1981 (concurrence of Heads of
Division concerned with assignment  of business of one Division of
High Court to another Division of High Court);
section 63(3) of the Senior Courts Act 1981 (concurrence of Head of
Division concerned with direction that business is to cease to be
assigned to specially nomi nated judge of High Court);
section 71(4)(a) of the Senior Courts  Act 1981 (determination by Heads
of Division with concurrence of  Lord Chancellor of sittings of
Divisions of High Co urt during vacation);
section 109(2) or 110 of the Senior Courts Act 1981 (President of the
Family Division may make certain arrangements in relation to
documents relating to probate etc);
section 111 of the Senior Courts Act 1981 (President of the Family
Division may give directions as to form and content of records of
grants made in the Prin cipal Registry or a dist rict probate registry);
section 126 of the Senior Courts Act 1981 (President of the Family
Division may, with concurrence of Lord Chancellor, make
regulations imposing conditions on deposit of wills);
section 133 of the Senior Courts Ac t 1981 (functions of Master of the
Rolls in relation to enrolment and engrossment of instruments);
section 25(3)(a) of the Administration  of Justice Act 1982 (President of
the Family Division may, with concurrence of Lord Chancellor,
make regulations as to deposi t and registration of wills);
section 257(3) of the Inheritance Tax Act 1984 (President of the Family
Division may make certain arrangements in relation to delivery of
accounts for the purposes of that Act);
section 37 of the Matrimonial and Family Proc eedings Act 1984
(President of the Family Division may, with concurrence of Lord
Chancellor, give di rections with respect to distribution and transfer
between High Court and family court of family business and family
proceedings);
section 1(9) of the Courts and Le gal Services Act 1990 (Heads of
Division etc to be consulted in relation to changes to allocation of
business of High Court and county court);
section 58A(5)(a), 58AA(6)(a) or 58 B(7)(a) of the Courts and Legal
Services Act 1990 (Heads of Division  etc to be consulted in relation to
certain matters relating to agreemen ts for funding of legal services);
section 56(4) of the Access to Justice Act 1999 (Heads of Division etc to
be consulted in relation to changes to destination of appeals);Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judicial appointments
Part 6 — Appointment of judge to exerci se functions of a Head of Division in case of incapacity or a vacancy etc273
section 57 of the Access to Justice Act 1999 (Master of the Rolls or
President of the Family Division et c may assign appeals to the Court
of Appeal);
section 2(7) of the Courts Act 2003 (Heads of Division etc to be
consulted in relation to auth orisation of contracting-out of
administrative work of courts);
section 64(4) of the Courts Act 2003 (Heads of Division to be consulted
in relation to change of judicial title);
section 66(4)(b) of the Courts Act 20 03 (President of the Family Division
may nominate Circuit judges et c to sit as members of family
proceedings courts);
section 77(3) of the Courts Act 2003 (President of the Family Division
etc to be consulted in relation to certain appointments to Family
Procedure Rule Committee);
section 78(2) of the Courts Act 2003 (President of the Family Division to
be consulted in relation to certai n changes to Family Procedure Rule
Committee);
section 92(5) of the Courts Act 20 03 (Heads of Division etc to be
consulted in relation to fees of Senior Courts, family court, county
court and magistrates’ courts);
paragraph 12(4) of Schedule 7 to the Courts Act 2003 (Heads of Division
etc to be consulted in relation to regulations about enforcement
officers);
section 52(4) of the Constitutional Reform Act 2005 (Heads of Division
etc to be consulted in relation to Supreme Court fees);
section 183(7)(b) of the Legal Services Act 2007 (consent of Master of the
Rolls etc in relation to fees for admi nistration of an oath or taking of
an affidavit);
paragraph 1(10) of Schedule 3 to the Legal Services Act 2007
(concurrence of President of the Fa mily Division etc with meaning of
“reserved family proceedings” pres cribed for the purposes of that
paragraph).
87 The Lord Chancellor may by order amen d the list in paragraph 86 so as to—
(a) add an entry,
(b) remove an entry, or
(c) vary an entry.
88 After section 10(6) of the Senior Courts  Act 1981 (where there is a vacancy in
one or more of the offices of the He ads of Division, a newly-appointed Lord
Chief Justice is to take the required oaths in the presence  of the holders of
such of the offices as are not vacant) insert—
“(6A) Where the holder of an office mentioned in subsection (5) is
incapable of exercising the functions of the office, the office is to be
treated as vacant for the pu rposes of subsection (6).”
PART 7
ABOLITION  OF OFFICE  OF ASSISTANT  RECORDER
89 (1) In section 24 of the Courts Act 1971 (deputy Circuit judges and assistant
Recorders) in subsection (1) omit para graph (b) (power to appoint assistant
Recorders).Crime and Courts Act 2013 (c. 22)
Schedule 13 — Judi cial appointments
Part 7 — Abolition of office of assistant Recorder274
(2) In consequence of that repeal—
(a) in subsection (1A) of that se ction (duration of appointments)—
(i) omit “in the case of appointment as a deputy Circuit judge,”,
and
(ii) omit the words after “seventy-five”,
(b) in subsection (2 ) of that section—
(i) omit “or assistant Recorder”, and
(ii) omit “or a Recorder, as the case may be”,
(c) in subsection (3) of that sectio n omit the words after “pensions of
such judges”,
(d) in subsection (5) of that section omit “and assistant Recorders”,
(e) in the title of that section omit “and assistant Recorders”,
(f) in Schedule 5 to the Judicial Pensions and Retirement Act 1993 omit
the entry for Assistant Recorder,
(g) in Schedule 7 to the Judicial Pe nsions and Retirement Act 1993 omit
paragraph 5(5)(ii),
(h) in section 9(4) of the Senior Courts Act 1981 omit “and assistant
Recorders”,
(i) in section 64(2) of the Courts Act 2003 omit the entry for Assistant
Recorder,
(j) in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph
71(2)(d),
(k) in Part 2 of Schedule 14 to that Act omit the entry for Assistant
Recorder, and
(l) in Schedule 10 to the Tribunals, Courts and Enforcement Act 2007
omit paragraph 9(4).
SCHEDULE 14 Section 21
DEPLOYMENT  OF THE JUDICIARY
PART 1
DEPLOYMENT  UNDER  SECTION  9 OF THE SENIOR  COURTS  ACT 1981
Requests for assistance under section 9(1) of the Senior Courts Act 1981
1 (1) Section 9 of the Senior Courts Act 1981 (which includes provision for certain
judges to act as judges of other courts) is amended as follows.
(2) In the table in subsection  (1) (judges deployable to  certain courts) in column
2 of each of entries 2 and 4 (person who has been a judge of the Court of
Appeal, or has been a puisne judge of the High Court, may be asked to act
as a judge of the Court of Appeal, Hig h Court or Crown Court) before “and
the Crown Court” insert “, the fa mily court, the county court”.Crime and Courts Act 2013 (c. 22)
Schedule 14 — Deployment of the judiciary
Part 1 — Deployment under section  9 of the Senior Courts Act 1981275
(3) In that table after entry 4 insert— 
(4) In that table, in column 1 of entry 6 (Recorders) after “Recorder” insert “or a
person within su bsection (1ZB)”.
(5) After subsection (1) insert—
“(1ZA) The Senior President of Tribunals is to be treated as not being within
any entry in column 1 of th e Table other than entry 4A.
(1ZB) A person is within this  subsection if the person—
(a) is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,
(b) is a judge of the Upper Tribun al by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,
(c) is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),
(d) is a deputy judge of the U pper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act), or
(e) is the President of Employment Tribunals (England and
Wales) or the President of Employment Tribunals
(Scotland).”
(6) In subsection (2B) (reque sts under certain entries in table in subsection (1) to
be made only after consulting Lord Chancellor) after “3,” insert “4A,”.
(7) In subsection (2D) (reque sts to Circuit judge or Recorder to act in High Court
require concurrence of Judicial Appointments Commission)—
(a) omit “or Recorder”, and
(b) for “High Court” substitute “Court of Appeal”.
(8) For subsection (3) (cer tain requests under subsection (1) must be complied
with) substitute—
“(3) The person to whom a request is made under subsection (1) must
comply with the request, but this does not apply to—
(a) a request made to a person wh o has been a judge of the Court
of Appeal,
(b) a request made to a person who has been a puisne judge of
the High Court and is not a judge of the Court of Appeal, or
(c) a request made to the Senior  President of Tribunals if the
holder of that office is a judge of the Court of Session or of the
High Court, or Court of A ppeal, in Northern Ireland.”
( 9 ) I n  s u b s e c t i o n  ( 6 A )  ( C i r c u i t  j u d g e  o r  R e c o r d e r  n o t  t o  a c t  b y  v i r t u e  o f
subsection (5) as single ju dge in Court of Appeal for certain purposes) for “or
Recorder” substitute “, Recorder or  person within su bsection (1ZB)”.“4A. The Senior President of
Tribunals.The Court of Appeal and the
High Court.”Crime and Courts Act 2013 (c. 22)
Schedule 14 — Deployme nt of the judiciary
Part 1 — Deployment under sectio n 9 of the Senior Courts Act 1981276
Deputy judges of the High Court
2 (1) Section 9 of the Senior Courts Act 19 81 (which includes provision about the
appointment of deputy judges of the High Court) is amended as follows.
(2) In subsection (4) (power of Lord Ch ief Justice to appoint deputy judges to
facilitate disposal of business in the High Court or Crown Court) after
“Crown Court” insert “or any other court or tribunal to which persons
appointed under this subs ection may be deployed”.
(3) After subsection (8) (remuneration) insert—
“(8A) A person may be removed from o ffice as a deputy judge of the High
Court—
(a) only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in  the person’s terms of
appointment.
(8B) Subject to the preceding provis ions of this section, a person
appointed under subsection (4) is to hold and vacate office as a
deputy judge of the High Court in accordance with the terms of the
person’s appointment, which are to be such as the Lord Chancellor
may determine.”
(4) In subsection (9) (Lord Chief Justic e’s power to delegate functions under
subsection (4))—
(a) for “judicial office holder (as defined in section 109(4)” substitute
“senior judge (as defined in section 109(5)”, and
(b) for “his functions under subsection  (4)” substitute “functions of the
Lord Chief Justice under this section”.
(5) In the title omit the words after “business”.
3 (1) In Table 2 of Part 2 of Schedule 14  to the Constitutio nal Reform Act 2005
(Judicial Appointments Co mmission: offices to which appointment made by
Lord Chief Justice) before the first entry insert—
(2) If the provisions in Schedule 13 to th is Act that split the table in Part 2 of
Schedule 14 to the 2005 Act into two ta bles do not come into force before or
at the time when sub-paragraph (1) comes into force— 
(a) sub-paragraph (1) has effect with the omission of “Table 2 of”, and
(b) paragraph 41 of Schedule 13 has effect—
(i) as if a reference to the offi ce of deputy judge of the High
Court were inserted at the beginning of the list in sub-
paragraph (4) of that paragraph, and
(ii) as if “second” were substitu ted for “first” in sub-paragraph
(5) of that paragraph.“Deputy judge of the High
CourtSection 9(4) of the Senior
Courts Act 1981”Crime and Courts Act 2013 (c. 22)
Schedule 14 — Deployment of the judiciary
Part 1 — Deployment under section  9 of the Senior Courts Act 1981277
(3) After section 94A of the 2005 Act (a ppointments not subject to section 85:
courts) insert—
“94AA Appointments not subject to se ction 85: High Court deputy judge
(1) Where this section applies to an appointment, section 85 does not
apply.
(2) This section applies to the appointm ent of a person as a deputy judge
of the High Court if it appears to  the Lord Chief Justice, after
consulting the Lord Chancellor, that—
(a) there is an urgent need to take steps in order to facilitate the
disposal of particular business  in the High Court or Crown
Court,
(b) it is expedient as a temp orary measure to make the
appointment in order to facilitat e the disposal of the business,
and
(c) there are no other reasonable steps that it is practicable to
take within the time availabl e in order to facilitate the
disposal of the business.
(3) An appointment to which this section applies is to be made—
(a) so as not to extend beyond the day on which the particular
business concerned is concluded, or
(b) so as not to extend beyond the later of—
(i) the day on which the business is concluded, or
(ii) the day expected when th e appointment is made to be
the day on which the business is concluded.”
(4) In section 85(2A)(d) and (4) of the 2005 Act after “94A” insert “, 94AA”.
PART 2
DEPLOYMENT  OF JUDGES  TO THE MAGISTRATES ’ COURTS
4 (1) Section 66 of the Courts Act 2003 (judges who have powers of justice of the
peace who is a District Judge (Magistr ates’ Courts)) is amended as follows.
(2) In subsection (2) afte r paragraph (a) insert—
“(aa) Master of the Rolls;
(ab) ordinary judge of the Court of Appeal;
(ac) Senior Presiden t of Tribunals;”.
(3) In subsection (2) after paragraph (e) insert—
“(f) Chamber President, or Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal;
(g) judge of the Upper Tribunal by virtue of appointment under
paragraph 1(1) of Schedule 3 to the Tribunals, Courts and
Enforcement Act 2007;
(h) transferred-in judge of the U pper Tribunal (see section 31(2)
of that Act);
(i) deputy judge of the Uppe r Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);
(j) office listed—Crime and Courts Act 2013 (c. 22)
Schedule 14 — Deployme nt of the judiciary
Part 2 — Deployment of judges to the magistrates’ courts278
(i) in the first column of the ta ble in section 89(3C) of the
Senior Courts Act 1981 (s enior High Court Masters
etc), or
(ii) in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc);
(k) district judge (which, by virtue  of section 8(1C) of the County
Courts Act 1984, here includes deputy district judge
appointed under section 8 of that Act);
(l) deputy district judge appoin ted under section 102 of the
Senior Courts Act 1981;
(m) judge of the First-tier Trib unal by virtue of appointment
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
and Enforcement Act 2007;
(n) transferred-in judge of the Fi r s t - t i e r  T r i b u n a l  ( s e e  s e c t i o n
31(2) of that Act);
(o) member of a panel of Employ ment Judges established for
England and Wales or for Scotland.”
(4) After subsection (6) insert—
“(7) This section does not give a person any powers that a District Judge
(Magistrates’ Courts) may have to act in a court or tribunal that is not
a magistrates’ court.”
PART 3
DEPLOYMENT  OF JUDGES  TO THE COURT  OF PROTECTION
5 (1) Section 46 of the Mental Capacity Act 2005 (judges of the Court of
Protection) is amended as follows.
(2) In subsection (2) (persons who may be  nominated as court’s judges) omit the
“or” at the end of paragraph (d) and, after paragraph (e), insert “,
(f) a District Judge (Magistrates’ Courts),
(g) a judge of the First-tier Trib unal, or of the Upper Tribunal, by
virtue of appointment under paragraph 1(1) of Schedule 2 or
3 to the Tribunals, Courts and Enforcement Act 2007,
(h) a transferred-in judge of the First-tier Tribunal or of the
Upper Tribunal (see sect ion 31(2) of that Act),
(i) a deputy judge of the U pper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),
(j) the Chamber President, or De puty Chamber President, of a
chamber of the First-tier Trib unal or of a chamber of the
Upper Tribunal,
(k) the Judge Advocate General,
(l) a Recorder,
(m) the holder of an office listed in the first column of the table in
section 89(3C) of the Senior Courts Act 1981 (senior High
Court Masters etc),
(n) a holder of an office listed in column 1 of Part 2 of Schedule 2
to that Act (High Court Masters etc),
(o) a deputy district judge appo inted under section 102 of that
Act or under section 8 of the County Courts Act 1984,Crime and Courts Act 2013 (c. 22)
Schedule 14 — Deployment of the judiciary
Part 3 — Deployment of judges to the Court of Protection279
(p) a member of a panel of Em ployment Judges established for
England and Wales or for Scotland,
(q) a person appointed under se ction 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1 951 (assistants to the Judge
Advocate General),
(r) a deputy judge of the High Court,
(s) the Senior President of Tribunals,
(t) an ordinary judge of the Court of Appeal (including the vice-
president, if any, of either division of that court),
(u) the President of the Queen’s Bench Division,
(v) the Master of the Rolls, or
(w) the Lord Chief Justice.”
(3) In subsection (2)(b) for “Vice-Chancellor” substitute  “Chancellor of the High
Court”.
(4) In subsection (4) (a judge nominated under subsection (2)(d) or (e) must be
appointed senior judge of the court)  for “or (e)” substitute “to (q)”.
(5) In section 4(5)(f) of the Human Rights  Act 1998 (things done by certain
judges in Court of Protection) for “V ice-Chancellor” substitute “Chancellor
of the High Court”.
PART 4
DEPLOYMENT  OF JUDGES  TO THE FIRST-TIER TRIBUNAL  AND  THE UPPER  TRIBUNAL
6 The Tribunals, Courts and Enforcement Act 2007 is amended as follows.
7 In section 4(1) (judges of the First-ti er Tribunal) after pa ragraph (c) insert—
“(ca) is within section 6A,”.
8 (1) Section 6(1) (certain judges who are also  judges of the First-tier Tribunal and
the Upper Tribunal) is amended as follows.
(2) Before paragraph (a) insert—
“(za) is the Lord Chief Justice of England and Wales,
(zb) is the Master of the Rolls,
(zc) is the President of the Queen ’s Bench Division of the High
Court in England and Wales,
(zd) is the President of the Family  Division of th e High Court in
England and Wales,
(ze) is the Chancellor of the High  Court in England and Wales,”.
(3) After paragraph (d) insert—
“(da) is a deputy judge of the Hi gh Court in England and Wales,
(db) is the Judge Advocate General,”.
9 After section 6 insert—
“6A Certain judges who are also judges of the First-tier Tribunal
A person is within this section (and  so, by virtue of section 4(1)(ca),
is a judge of the First-tier Tribunal) if the person—
(a) is a deputy Circuit judge,
(b) is a Recorder,Crime and Courts Act 2013 (c. 22)
Schedule 14 — Deployme nt of the judiciary
Part 4 — Deployment of judges to the First-tier Tribunal and the Upper Tribunal280
(c) is a person who holds an office listed—
(i) in the first column of the ta ble in section 89(3C) of the
Senior Courts Act 1981 (s enior High Court Masters
etc), or
(ii) in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc),
(d) is a deputy district judge a ppointed under section 102 of that
Act or section 8 of the County Courts Act 1984,
(e) is a Deputy District Judge  (Magistrates’ Courts), or
(f) is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1 951 (assistants to the Judge
Advocate General).”
10 (1) In paragraph 6(3)(a) of each of Sche dules 2 and 3 (requests to certain judges
to act as judges of First-tier Tribunal  or Upper Tribunal may be made only
with the concurrence of the Lord Chief Justice) omit the “or” at the end of
sub-paragraph (iv) and, after sub-paragraph (v), insert “,
(vi) the Master of the Rolls,
(vii) the President of the Qu een’s Bench Division of the
High Court of England and Wales,
(viii) the President of the Fami ly Division of that court,
(ix) the Chancellor of that court,
(x) a deputy judge of that court, or
(xi) the Judge Advocate General;”.
(2) In paragraph 6 of Schedule 2 (judges by request of First-tier Tribunal) after
sub-paragraph (3) insert—
 “(3A) A request made under sub-paragraph (2) to a person who is a
judge of the First-tier Tribunal by virtue of section 4(1)(ca) may be
m a d e  o n l y  w i t h  t h e  c o n c u r r e n c e  o f  t h e  L o r d  C h i e f  J u s t i c e  o f
England and Wales.”
PART 5
DEPLOYMENT  OF JUDGES  TO THE EMPLOYMENT  APPEAL  TRIBUNAL
11 (1) Section 22 of the Employment  Tribunals Act 1996 (membership of
Employment Appeal Tribunal) is amended as follows.
(2) In subsection (1)(a) (judges drawn fr om the judges of the High Court, or
Court of Appeal, in Englan d and Wales) after “Court of Appeal” insert “and
the judges within subsection (2A)”.
(3) After subsection (2) insert—
“(2A) A person is a judge within this subsection if the person—
(a) is the Senior Pres ident of Tribunals,
(b) is a deputy judge of the High Court,
(c) is the Judge Advocate General,
(d) is a Circuit judge,
(e) is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,Crime and Courts Act 2013 (c. 22)
Schedule 14 — Deployment of the judiciary
Part 5 — Deployment of judges to  the Employment Appeal Tribunal281
(f) is a judge of the Upper Tribun al by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,
(g) is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),
(h) is a deputy judge of the U pper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),
(i) is a district judge, which here does not include a deputy
district judge, or
(j) is a District Judge (Magistrates ’ Courts), which here does not
include a Deputy District Ju dge (Magistrates’ Courts).”
(4) In subsection (4) (judge’s consen t required to nomination to Appeal
Tribunal) after “Appeal Tribunal” in sert “under subs ection (1)(b)”.
PART 6
DEPLOYMENT  OF JUDGES  TO THE EMPLOYMENT  TRIBUNALS
12 (1) Section 5D of the Employment Tribunals Act 1996 (judicial assistance) is
amended as follows.
(2) In subsection (2)(d)(ii) (appropriate consent required) after “(see subsection
(3))” insert “except wher e the relevant judge is the Lord Chief Justice of
England and Wales”.
(3) In subsection (3)(a) (con sent required for deployme nt of judges of courts in
England and Wales)—
(a) in sub-paragraph (i) at the beginning insert “the Master of the Rolls
or”,
(b) after sub-paragraph (i) insert—
“(ia) within subsecti on (4)(b)(ia),”, and
(c) omit the “or” after sub-paragrap h (iv), and after sub-paragraph (v)
insert “, or
(vi) within subsection  (4)(b)(x) to (xvi);”.
(4) In subsection (4)(a) (relev ant tribunal judges) omit the “or” at the end of sub-
paragraph (v), and after paragraph (vi) insert “, or
(vii) is the Senior Pres ident of Tribunals;”.
(5) In subsection (4)(b) (r elevant judges) in sub-para graph (i) after “is” insert
“the Lord Chief Justice of England an d Wales, the Master of the Rolls or”.
(6) In subsection (4)(b) afte r sub-paragraph (i) insert—
“(ia) is the President of the Queen’s Bench Division or
Family Division, or the C hancellor, of the High Court
in England and Wales,”.
(7) In subsection (4)(b) omit the “or” at the end of sub-paragr aph (viii), and after
sub-paragraph (ix) insert—
“(x) is a deputy judge of th e High Court in England and
Wales,
(xi) is a Recorder,
(xii) is a Deputy District Judge (Magistrates’ Courts),Crime and Courts Act 2013 (c. 22)
Schedule 14 — Deployme nt of the judiciary
Part 6 — Deployment of judges  to the employment tribunals282
(xiii) is a deputy district ju dge appointed under section 8 of
t h e  C o u n t y  C o u r t s  A c t  1 9 8 4  o r  s e c t i o n  1 0 2  o f  t h e
Senior Courts Act 1981,
(xiv) holds an office listed in the first column of the table in
section 89(3C) of the Senior  Courts Act 1981 (senior
High Court Masters etc),
(xv) holds an office listed in co lumn 1 of Part 2 of Schedule
2 to that Act (High Court Masters etc), or
(xvi) is the Judge Advocate Ge neral or a person appointed
under section 30(1)(a) or (b) of the Courts-Martial
(Appeals) Act 1951 (assistants to the Judge Advocate
General).”
PART 7
AMENDMENTS  FOLLOWING  RENAMING  OF CHAIRMEN  OF EMPLOYMENT  TRIBUNALS
13 (1) In the following provisions for “chai rmen”, or for “chai rmen of employment
tribunals”, substitute “Employment Judges”—
Constitutional Reform Act 2005: section 3(7B)(d) and (e),
Courts Act 1971: Part 1A of Schedule 2,
Courts and Legal Services  Act 1990: Schedule 11,
Employment Tribunals Act 1996: sections 3A, 5A, 5B(4), 5D(2)(e) and
7B(6),
Judicial Pensions Act 1981: section 12(1)(c),
Judicial Pensions and Retirement Act 1993: section 26(12A)(i), and
Tribunals, Courts and Enforcement Ac t 2007: sections 4(1)(e) and (3)(d)
and 47(5)(c)(iii), paragraph 12(1)(c ) of Schedule 1 and paragraph
7(1)(a) of Schedule 2.
(2) In the following provisions for “chairman of employment tribunals”
substitute “Employment Judge”—
Constitutional Reform Ac t 2005: Part 3 of Schedule 14, in both places,
Tribunals, Courts and Enforcemen t Act 2007: paragraph 6(1)(e) and
(4)(b) of Schedule 7, and
Judicial Pensions and Retireme nt Act 1993: Schedules 1 and 5.
(3) In sections 10(4) and 30(2B)(b) of the Employment Tribunals Act 1996 for
“Chairman” substitute “Employment Judge”.
(4) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
for “or member of a panel of persons appointed to act as chairmen or other
members of employment tribunals” substitute “Employment Judge, or
member of a panel of members of empl oyment tribunals that is not a panel
of Employment Judges”.
(5) In paragraph 5(2)(g) and (5)(vii) of Sc hedule 7 to the Judicial Pensions and
Retirement Act 1993 before “chairman ” insert “Employment Judge, before 3
November 2008 called”.Crime and Courts Act 2013 (c. 22)
Schedule 15 — Exclusions from de finition of “relevant publisher”283
SCHEDULE 15 Section 41
EXCLUSIONS  FROM  DEFINITION  OF “RELEVANT  PUBLISHER ”
Broadcasters
1 The British Broadcasting Corporation.
2 Sianel Pedwar Cymru.
3 The holder of a licence under the Broadcasting Act 1990 or 1996 who
publishes news-related material in connection with the broadcasting
activities authorised under the licence.
Special interest titles
4 A person who publishes a title that—
(a) relates to a particular pastime,  hobby, trade, business, industry or
profession, and
(b) only contains news-related material on an incidental basis that is
relevant to the main content of the title.
Scientific or ac ademic journals
5 A person who publishes a scientific or  academic journal that only contains
news-related material on an incidental basis that is relevant to the scientific
or academic content.
Public bodies and charities
6 (1) A public body or charity that publishes news-related material in connection
with the carrying ou t of its functions.
(2) “Public body” means a person or body whose function s are of a public
nature.
Company news publications etc
7 A person who publishes a newsletter, circular or other document which—
(a) relates to a business carried on by the person, and
(b) only contains news-related material on an incidental basis that is
relevant to the person’s business.
Micro-businesses
8 (1) A person who, in carrying on a micro-business, publishes news-related
material where either condition A or condition B is met.
(2) Condition A is that the news-related material is contained in a multi-author
blog.
(3) Condition B is that the news-related material is published on an incidental
basis that is relevant to the main activities of the business.
(4) “Micro-business” means a business which— 
(a) has fewer than 10 employees, andCrime and Courts Act 2013 (c. 22)
Schedule 15 — Exclusions from de finition of “relevant publisher”284
(b) has an annual turnover not exceeding £2,000,000.
(5) The number of employees is to be calculated as follows—
(a) find the total number of hours per week for which all the employees
of the business are contracted to work;
(b) divide that number by 37.5.
(6) “Employee” has the same meaning as in the Employment Rights Act 1996
(see section 230 of that Act).
(7) “Multi-author blog” means a blog that contains contributions from different
authors.
Book publishers
9 (1) A person who is the publisher of a book.
(2) “Book” does not include any title published on a periodic basis with
substantially different content.
SCHEDULE 16 Section 44
DEALING  NON -CUSTODIALLY  WITH  OFFENDERS
PART 1
COMMUNITY  ORDERS : PUNITIVE  ELEMENTS
1 The Criminal Justice Act 20 03 is amended as follows.
2 In section 177 (community orders ) after subsection (2) insert—
“(2A) Where the court makes a community order, the court must—
(a) include in the order at least one requirement imposed for the
purpose of punishment, or
(b) impose a fine for the offe nce in respect of which the
community order is made, or
(c) comply with both of paragraphs (a) and (b).
(2B) Subsection (2A) does not a pply where there are exceptional
circumstances which—
(a) relate to the offence or to the offender,
(b) would make it unjust in all the circumstances for the court to
comply with subsecti on (2A)(a) in the pa rticular case, and
(c) would make it unjust in all the circumstances for the court to
impose a fine for the offence concerned.”
3 In section 148(2A) (restrictions in subsection (2) on making community
orders etc are subject to certain enactm ents) after “subject to” insert “section
177(2A) (community orders: punitive elements) and to”.
4 An amendment made by this Part of th is Schedule does not affect orders in
respect of offences committed before the amendment comes into force.Crime and Courts Act 2013 (c. 22)
Schedule 16 — Dealing non-cu stodially with offenders
Part 2 — Deferring the passing of sente nce to allow for restorative justice285
PART 2
DEFERRING  THE PASSING  OF SENTENCE  TO ALLOW  FOR RESTORATIVE  JUSTICE
5 After section 1 of the Powers of Criminal Courts (Sentencing) Act 2000
(court’s power to defer pa ssing of sentence) insert—
“1ZA  Undertakings to participat e in restorative justice activities
(1) Without prejudice to the generality of paragraph (b) of section 1(3),
the requirements that may be impo sed under that paragraph include
restorative justice requirements.
(2) Any reference in this section to a restorative justice requirement is to
a requirement to partic ipate in an activity—
(a) where the participants consist of, or include, the offender and
one or more of the victims,
(b) which aims to maximise the offender’s awareness of the
impact of the offending concerned on the victims, and
(c) which gives an opportunity to a victim or victims to talk
about, or by other means expre ss experience of, the offending
and its impact.
(3) Imposition under section 1(3)(b) of  a restorative justice requirement
requires, in addition to the o ffender’s consent and undertaking
under section 1(3), the consent of every other person who would be
a participant in the activity concerned.
(4) For the purposes of subsection (3), a supervisor  appointed under
section 1A(2) does not count as a proposed participant.
(5) Where a restorative justice requirement is imposed under section
1(3)(b), the duty under section 1(5) (to give copies of order) extends
to every person who would be a participant in the activity
concerned.
(6) In a case where there is such a restorative justice requirement, a
person running the activity concerned must in doing that have
regard to any guidance that is is sued, with a view to encouraging
good practice in connection with su ch an activity, by the Secretary of
State.
(7) In this section “victim” means a vict im of, or other person affected by,
the offending concerned.”
6 In section 1(8) of that Act (effect of sections 1 and 1A to 1D) for “1A”
substitute “1ZA”.
7 The amendment made by paragraph 5 do es not apply in respect of offences
committed before the amendment comes into force.
PART 3
REMOVAL  OF LIMITS  ON COMPENSATION  ORDERS  MADE  AGAINST  ADULTS
8 (1) Section 131 of the Powers of Criminal Courts (Sentencing) Act 2000 (limit on
amount payable under magi strates’ court compensation order) is amended
as follows.Crime and Courts Act 2013 (c. 22)
Schedule 16 — Dea ling non-custodially with offenders
Part 3 — Removal of limits on compen sation orders made against adults286
(2) Before subsection (1) insert—
“(A1) This section applies if (but only if) a magistrates’ court has convicted
a person aged under 18 (“the offend er”) of an offence or offences.”
(3) In subsection (1) (compensation in respect of an offence not to exceed £5,000)
for “a magistrates’ court in respect of any offence of which the court has
convicted the offender” substitute “the court in respect of the offence, or any
one of the offences,”.
(4) In subsection (2) (limit in respect of offences taken into consideration) for “a
magistrates’” substitute “the”.
(5) In the title, at the end inse rt “in case of young offender”.
9 In section 33B(5) of the Environm ental Protection Act 1990 (limit on
compensation in relation to conviction for certain environmental offences)
after “payable” insert “in case of young offender”.
10 Nothing in this Part of this Schedule affects orders in respect of offences
committed before this Part of this Schedule comes into force.
PART 4
ELECTRONIC  MONITORING  OF OFFENDERS
11 The Criminal Justice Act 2003 is amended as follows.
12 (1) Section 177 (community orders) is amended as follows.
(2) In subsection (1) (requirements wh ich may be included in a community
order)—
(a) omit the “and” after paragraph (k), and
(b) after paragraph (l) insert “, and
(m) an electronic monitoring requirement (as defined by
section 215).”
(3) In subsection (2) (provisions to which subsection (1) is subject)—
(a) omit the “and” after paragraph (g), and
(b) after paragraph (h) insert “, and
(i) section 215(2) (electroni c monitoring requirement).”
(4) In subsection (3) (curfew or exclus ion requirement must be accompanied by
electronic monitoring re quirement) for “(as defined by section 215)”
substitute “within section 215(1)(a) for securing the electronic monitoring of
the curfew or excl usion requirement”.
(5) Omit subsection (4) (pow er, in certain cases where subsection (3) does not
apply, to impose requ irement for electronic monitoring of another
requirement included in the community order).
(6) In consequence, omit section 72(2) of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.
13 (1) Section 190 (suspended sentence orders) is amended as follows.
(2) In subsection (1) (requirements wh ich may be included in a suspended
sentence order)—
(a) omit the “and” after paragraph (k), andCrime and Courts Act 2013 (c. 22)
Schedule 16 — Dealing non-cu stodially with offenders
Part 4 — Electronic monitoring of offenders287
(b) after paragraph (l) insert “, and
(m) an electronic monitoring requirement (as defined by
section 215).”
(3) In subsection (2) (provisions to which subsection (1) is subject)—
(a) omit the “and” after paragraph (g), and
(b) after paragraph (h) insert “, and
(i) section 215(2) (electroni c monitoring requirement).”
(4) In subsection (3) (curfew or exclus ion requirement must be accompanied by
electronic monitoring re quirement) for “(as defined by section 215)”
substitute “within section 215(1)(a) for securing the electronic monitoring of
the curfew or excl usion requirement”.
(5) Omit subsection (4) (pow er, in certain cases where subsection (3) does not
apply, to impose requ irement for electronic monitoring of another
requirement included in the suspended sentence order).
(6) In consequence, omit section 72(4) of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.
14 In section 192(3)(b ) (reviews of suspended sentence order)—
(a) after “electronic monitoring re quirement” insert “within section
215(1)(a)”, and
(b) for “190(1)” substitu te “190(1)(a) to (l)”.
15 In section 197(1)(a) (meaning of “the  responsible officer” where curfew or
exclusion requirement imposed)—
(a) in sub-paragraph (i)—
(i) for “177(1)” substitute  “177(1)(a) to (l)”, and
(ii) for “190(1)” substitute “190(1 )(a) to (l)”, and
(b) in sub-paragraph (ii) after “req uirement” insert “within section
215(1)(a)”.
16 (1) Section 215 (electronic monitoring requirement) is amended as follows.
(2) In subsection (1) (“electronic monito ring requirement” is  a requirement for
securing the monitoring of comp liance with other requirements)—
(a) for “for securing the”  substitute “to submit to  either or both of the
following—
(a) ”, and
(b) at the end insert “, and
(b) electronic monitoring of the offender’s whereabouts
(otherwise than for the pu rpose of monitoring the
offender’s compliance wi th any other requirements
included in the order) during a period specified in the
order.”
(3) After subsection (4) insert—
“(4A) Where a relevant order imposes an electronic monitoring
requirement, the offender  must (in particular)—
(a) submit, as required from time to time by the responsible
officer or the person responsible for the monitoring, to—
(i) being fitted with, or in stallation of, any necessary
apparatus, andCrime and Courts Act 2013 (c. 22)
Schedule 16 — Dea ling non-custodially with offenders
Part 4 — Electronic monitoring of offenders288
(ii) inspection or repair of any apparatus fitted or
installed for the purposes of the monitoring,
(b) not interfere with, or with  the working of, any apparatus
fitted or installed for the purp oses of the monitoring, and
(c) take any steps required by the responsible officer, or the
person responsible for the monitoring, for the purpose of
keeping in working or der any apparatus fitte d or installed for
the purposes of the monitoring.”
(4) In subsection (5) (electronic monitori ng requirement not to be imposed for
monitoring compliance with alcohol abstinence and monitoring
requirement) after “electronic monito ring requirement” insert “within
subsection (1)(a)”.
(5) In subsection (6) (subsection (5) does  not prevent electronic monitoring of
compliance with other requirements) for “this is” substitute “the electronic
monitoring requirement is within subsection (1)(b) or is included”.
17 After section 215 insert—
“215A Data from electronic monitoring: code of practice
(1) The Secretary of State must issue a code of practice relating to
processing of data gathered in the course of electronic monitoring of
offenders under electronic moni toring requirements imposed by
relevant orders.
(2) A failure to observe a code issued under this section does not of itself
make a person liable to any criminal or civil proceedings.”
18 (1) Section 218 (availability of arrang ements in local area) is amended as
follows.
(2) In subsection (4)—
(a) after “electronic monitoring re quirement” insert “within section
215(1)(a)”, and
(b) in paragraph (b), for “those  arrangements” substitute “the
arrangements curre ntly available”.
(3) After subsection (8) insert—
“(9) A court may not include an el ectronic monitoring requirement
within section 215(1)(b) in a releva nt order in respect of an offender
unless the court—
(a) has been notified by the Se cretary of State that electronic
monitoring arrangements are av ailable in the local justice
area proposed to be specified in the order,
(b) is satisfied that the offender can be fitted with any necessary
apparatus under the arrangements currently available and
that any other necessary provis ion can be made under those
arrangements, and
(c) is satisfied that arrangements are generally operational
throughout England and Wales (even if not always
operational everywhere there)  under which the offender’s
whereabouts can be elec tronically monitored.”
19 In Schedule 8 (breach etc of community order) in paragraph 3(b)—Crime and Courts Act 2013 (c. 22)
Schedule 16 — Dealing non-cu stodially with offenders
Part 4 — Electronic monitoring of offenders289
(a) after “electronic monitoring re quirement” insert “within section
215(1)(a)”, and
(b) for “177(1)” substitu te “177(1)(a) to (l)”.
20 (1) Schedules 9 and 13 (transfer of community or suspended sentence order to
Scotland or Northern Ireland) are amended as follows.
(2) In paragraphs 1(2)(g) and 3(2)(h) of Schedule 9, and paragraphs 1(2)(g) and
6(2)(h) of Schedule 13, after “requirement” insert “within section 215(1)(a)”.
(3) In paragraph 1(5) of each of Schedu les 9 and 13 (certain requirements not to
be included in orders to be comp lied with in Scotland) before “to be
complied with” insert “, or an elec tronic monitoring requirement within
section 215(1)(b),”.
(4) In paragraph 3(1) of Schedule 9 an d paragraph 6(1) of Schedule 13 (pre-
conditions for imposing requirements  where offender will be living in
Northern Ireland) before the “and” at the end of paragraph (a) insert—
“(aa) in the case of an order imposing an electronic monitoring
requirement within section 215(1)(b)—
(i) that any necessary provision can be made in the
offender’s case under arra ngements that exist for
persons resident in that locality, and
(ii) that arrangements are generally operational
throughout Northern Ireland (even if not always
operational everywhere there) under which the
offender’s whereabouts can be electronically
monitored,”.
(5) In paragraphs 3(3)(b) an d (4) and 13(b) of Schedule  9 and paragraph 6(3)(b)
and (4) of Schedule 13 (references to the pre-conditions) for “and (b)”
substitute “to (b)”.
(6) In paragraph 4(3)(d) of Schedule 9 and paragraph 9(3)(d) of Schedule 13
(disapplication of section 218(4)) for “s ubsection (4)” substitute “subsections
(4) and (9)”.
(7) In paragraph 17 of Schedule 13 (reference to the pre-conditions) for “and
(b)”, in the second place, substitute “to (b)”.
21 In Schedule 12 (breach or amendm ent of suspended sentence order and
effect of further conviction) in paragraph 15(2)(b)—
(a) after “electronic monitoring re quirement” insert “within section
215(1)(a)”, and
(b) for “190(1)” substitu te “190(1)(a) to (l)”.
PART 5
COMMUNITY  ORDERS : FURTHER  PROVISION
Breaches of community orders
22 (1) Omit paragraph (a) in each of subsec tions (2) and (5) of section 67 of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (amendments
which would have turned duties to deal with breaches into powers to do so).Crime and Courts Act 2013 (c. 22)
Schedule 16 — Dea ling non-custodially with offenders
Part 5 — Community orde rs: further provision290
(2) In paragraph 9(6) of Schedule 8 to the Criminal Justice Act 2003 (which refers
to provision that would have been made by those amendments) for “have
the power” substitute “be required”.
Community order not to be made in case of knife etc offence attracting minimum sentence
23 (1) In section 150 of the Criminal Justice Act 2003 (no power to make
community order or yout h rehabilitation order where sentence fixed by
law)—
(a) the existing provision becomes subsection (1) of that section, and
(b) after that su bsection insert—
“(2) The power to make a commun ity order is not exercisable in
respect of an offence for which the sentence—
( a ) f a l l s  t o  b e  i m p o s e d  u n der section 1A(5) of the
Prevention of Crime Act 1 953 (minimum sentence for
offence of threatening wi th offensive weapon in
public), or
(b) falls to be imposed under section 139AA(7) of the
Criminal Justice Act 1988 (minimum sentence for
offence of threatening with article with blade or point
in public or on school premises or with offensive
weapon on school premises).”
(2) In consequence of sub-paragraph (1),  in Schedule 26 to the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 omit paragraph 19
(which would have made provision corresponding to the new section 150(2)
of the 2003 Act but also preventing the making of youth rehabilitation
orders).
PART 6
STATEMENTS  OF ASSETS  AND  OTHER  FINANCIAL  CIRCUMSTANCES  OF OFFENDERS  ETC
Financial circumstances orders
24 In section 162(3) of the Criminal Justice Act 2003 (a “financial circumstances
order” is a pre-sentencing order re quiring a statement of an offender’s
financial circumstances) after “statement of his” insert “assets and other”.
Further amendments
25 In section 84 of the Magistrates’ Cour ts Act 1980 (court’s power to require
statement of means)— 
(a) in subsection (1) (court may requ ire statement of means before or on
inquiring into means under sectio n 82) for “means”, in the second
place, substitute “assets and ot her financial circumstances”, and
(b) in the title for “means” substitute “assets and other financial
circumstances”.
26 In section 20A of the Criminal Just ice Act 1991 (false statements as to
financial circumstances)—
(a) in subsection (1) (person char ged with offence commits further
offence if person responds to o fficial request by  making false
statement etc as to financial circumstances) for “his financialCrime and Courts Act 2013 (c. 22)
Schedule 16 — Dealing non-cu stodially with offenders
Part 6 — Statements of assets and other financial circumstan ces of offenders etc291
circumstances” substi tute “financial circumstances (whether a
statement of assets, of other financ ial circumstances or of both)”, and
(b) in subsection (1A) (person charged with o ffence commits further
offence if person fails to provide statement of financial circumstances
in response to official request) for “his financial circumstances in
response to” substitute “finan cial circumstances (whether a
statement of assets, of other fina ncial circumstances or of both)
requested by”.
27 In section 13B of the Crime and Diso rder Act 1998 (parental compensation
orders: the compensation)—
(a) in subsection (4) (provision by parent or guardian of statement of
financial circumstances) after “statement of his” insert “assets and
other”, and
(b) in subsection (6) (provision of fa lse statement) omit “of his financial
circumstances”.
28 (1) The Courts Act 2003 is amended as follows.
(2) In paragraph 48 of Schedule 5 (offences relating to provision of information
as to financial circumstances)—
(a) in sub-paragraph (1) (person comm its offence if person responds to
r e l e v a n t  r e q u e s t  b y  m a k i n g  f a l s e statement etc as to financial
circumstances) for “his financial ci rcumstances” substitute “financial
circumstances (whether a statement of assets, of other financial
circumstances or of both)”,
(b) in sub-paragraph (3) (person co mmits offence if person fails to
provide statement of financial circumstances in response to relevant
request) for “statement of his fi nancial circumstances to a fines
officer in response to” substitute “fines officer with a statement of
financial circumstances (whether a statement of assets, of other
financial circumstances or of  both) requested by”, and
(c) in sub-paragraph (5) (meaning of “relevant request”), in the opening
words, after “information about P’s financial circumstances” insert
“(whether about P’s assets, P’s other financial circumstances or
both)”.
(3) In paragraph 2 of Schedule 6 (cases in which work order may be made)—
(a) in sub-paragraph (3) (magistrat es’ court considering making work
order may order person to give statement of means) for “means”
substitute “assets and other financial circumstances”, and
(b) in sub-paragraph (4) (application of section 84(2) and (4) of the
Magistrates’ Courts Act 1980) for “means” substitute “assets and
other financial circumstances”.
PART 7
INFORMATION  TO ENABLE  A COURT  TO DEAL  WITH  AN OFFENDER
Power to disclose information
29 (1) The Secretary of State or a Nort hern 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.Crime and Courts Act 2013 (c. 22)
Schedule 16 — Dea ling non-custodially with offenders
Part 7 — Information to enable a court to deal with an offender292
(2) Her Majesty’s Revenue and Customs, or a person providing services to the
Commissioners for Her Majesty’s Revenue and Customs, may disclose
finances information to a relevant person.
(3) The disclosure authorised by sub-para graph (1) or (2) is disclosure of the
information concerned for use by a court that, in connection with dealing
with a person (“the defendant”) for an offence, is inquiring into or
determining the defendant’ s financial circumstances.
(4) Sub-paragraphs (1) and (2) do not author ise disclosure in a particular case at
a time when the defendant is under 18.
(5) Information disclosed to a relevant person under sub-para graph (1) or (2) or
paragraph (a)(ii)—
(a) must not be further disclosed by the relevant person except—
(i) to a court that, in connection with dealing with the defendant
for the offence, is inquiring into or determining the
defendant’s financial circumstances, or
(ii) to another relevant person who wants social security
information or finances informatio n in order that it can be put
before a court that, in connec tion with dealing with the
defendant for the offence, is in quiring into or determining the
defendant’s financial circumstances, and
(b) must not be used by the releva nt person otherwise than for the
purpose of disclosing it as ment ioned in paragraph (a)(i) or (ii).
(6) Sub-paragraphs (1), (2) and (5)(a) not only authorise disclosure after
conviction of the defendant but also au thorise disclosure at any time after
the defendant is first charged with the offence.
(7) Sub-paragraph (5) does not prohibit—
(a) disclosure to the defendant, or  to a person representing the
defendant in any proceedings in  connection with the offence;
(b) disclosure or use of information which is in the form of a summary
or collection of information so fram ed as not to enable information
relating to any particular person to be ascertained from it;
(c) disclosure or use of information which has previously been disclosed
to the public with lawful authority;
(d) disclosure or use of information so  far as necessary to comply with—
(i) an order of a court,
(ii) an order of a tribunal esta blished by or under an Act, or
(iii) a duty imposed by or under an Act.
(8) In sub-paragraph (7) “court” means any court, but elsewhere in this
paragraph “court” means—
(a) a magistrates’ court, or the Crown Court, in England and Wales,
(b) the Court Martial, the Service Ci vilian Court or the Summary Appeal
Court, or
(c) any court hearing an appeal (including an appeal by case stated)
from a court within paragraph (a) or (b).
(9) In this paragraph—
“finances information” means information which—
(a) is about a person’s income, gains or capital, and
(b) is held—Crime and Courts Act 2013 (c. 22)
Schedule 16 — Dealing non-cu stodially with offenders
Part 7 — Information to enable a court to deal with an offender293
(i) by Her Majesty’s Revenue and Customs, or
(ii) by a person providing se rvices to the Commissioners
for Her Majesty’s Revenue and Customs in
connection with the prov ision of those services,
or information which is held  with information so held;
“relevant person” means—
(a) a person who is appointed by the Lord Chancellor under
section 2(1) of the Courts Act 2003 or provided under a
contract made by virtue of  section 2(4) of that Act,
(b) a person who is a member of or on the staff of the Service
Prosecuting Authority, or
(c) a person not within paragraph (b) who is, or who is assisting,
a person engaged to repres ent the Servic e Prosecuting
Authority in proceedings before a court;
“Service Prosecuting Authority” means—
(a) the Director of Se rvice Prosecutions, and
(b) the persons appointed under section 365 of the Armed Forces
Act 2006 (prosecuting officers);
“social security information” means information which is held for the
purposes of functions rela ting to social security—
(a) by the Secretary of State or a Northern Ireland Department,
or
(b) 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.
(10) The reference in sub-paragraph (9) to  functions relating to social security
includes a reference to functions relating to any of the matters listed in
section 127(8) of the Welfare Reform Act 2012 (statutory payments and
maternity allowances).
Offence where information wrongly used or disclosed
30 (1) It is an offence for a person to disc lose or use information in contravention
of paragraph 29(5).
(2) It is a defence for a person charged with an offence unde r sub-paragraph (1)
to prove that the person reasonably believed that the disclosure or use
concerned was lawful.
(3) A person guilty of an offence under sub-paragraph (1) is liable—
(a) on conviction on indictment—
(i) to imprisonment for a term not exceeding 2 years, or
(ii) to a fine, or
(iii) to both;
(b) on summary conviction—
(i) to imprisonment for a period  not exceeding 12 months, or
(ii) to a fine not exceeding the statutory maximum, or
(iii) to both.
(4) Sub-paragraph  (3)(b) applies—Crime and Courts Act 2013 (c. 22)
Schedule 16 — Dea ling non-custodially with offenders
Part 7 — Information to enable a court to deal with an offender294
(a) in England and Wales in relation to offences committed before the
commencement of section 154(1) of the Criminal Justice Act 2003
( g e n e r a l  l i m i t  o n  p o w e r  o f  m a g i s t r a t e s ’  c o u r t s  t o  i m p o s e
imprisonment), and
(b) in Northern Ireland,
as if the reference to 12 months were a reference to 6 months.
(5) A prosecution for an offe nce under sub-paragraph (1)—
(a) may be instituted in  England and Wales only by or with the consent
of the Director of Public Prosecutions, and
(b) may be instituted in Northern Ireland only by or with the consent of
the Director of Public Prosec utions for Northern Ireland.
PART 8
RELATED  AMENDMENTS  IN ARMED  FORCES  ACT 2006
Community orders: punitive elements
31 The Armed Forces Act 2006 is amended as follows.
32 In section 178 (service community orde rs), in subsection (3) (provisions of
the 2003 Act in which “community order” includes a service community
order) for “177(3)” substitute “177(2A)”.
33 (1) Section 182 (overseas communit y orders) is amended as follows.
(2) After subsection (3) insert—
“(3A) In section 177(2A) and (2B) of  the 2003 Act (community orders:
punitive elements) “c ommunity order” includes an overseas
community order if the offender is aged 18 or over when convicted
of the offence in respect of which the overseas community order is
made.”
(3) In subsection (5) (provisions of the 2003 Act in which “court” includes a
relevant service court) for “those prov isions” substitute “the provisions of
the 2003 Act mentioned in subsections (3A) and (4)”.
34 In section 270 (restrictions on community punishments) after subsection (2)
insert—
“(2A) Subsection (2) is subject to section 177(2A) of the 2003 Act
(community orders: punitive elements) as applied by section 178(3)
and section 182(3A).”
35 An amendment made by any of paragraphs 32 to 34 does not affect orders in
respect of offences committed before the amendment comes into force.
Removal of limits on compensation orders made against adults
36 (1) Section 284 of the Armed Forces Act 2006 (Service Civilian Court
compensation orders etc: maximum amounts) is amended as follows.Crime and Courts Act 2013 (c. 22)
Schedule 16 — Dealing non-cu stodially with offenders
Part 8 — Related amendments  in Armed Forces Act 2006295
(2) After subsection (2) insert—
“(2A) The following subsections apply if (but only if) the Service Civilian
Court has convicted a person aged under 18 (“the offender”) of an
offence or offences.”
(3) In subsection (3) (com pensation in respect of an offence not to exceed
amount mentioned in section 131(1) of the Powers of Criminal Courts
(Sentencing) Act 2000) for “any offence of which the court has convicted the
offender” substitute “the offence,  or any one of the offences,”.
(4) Nothing in this paragr aph affects orders in respect of offences committed
before the day on which this  paragraph comes into force.
Electronic monitoring of offenders
37 (1) The Armed Forces Act 2006 is amended as follows.
(2) In section 182(1A) (requirements which may not be included in overseas
community orders) at the end insert  “or (m) (an electronic monitoring
requirement)”.
(3) In section 183(1) (provisions of Crim inal Justice Act 2003 which do not apply
to overseas community orders) for “secti on 215” substitute “sections 215 and
215A”.
Statements of assets and other financi al circumstances of offenders etc
38 In section 266(2) of the Armed Forces Act 2006 (meaning of “financial
statement order”) after “statement of  his” insert “assets and other”.
SCHEDULE 17 Section 45
DEFERRED  PROSECUTION  AGREEMENTS
PART 1
GENERAL
Characteristics of a def erred prosecution agreement
1 (1) A deferred prosecution agreement (a  “DPA”) is an agreement between a
designated prosecutor and a person (“P”) wh om the prosecutor is
considering prosecuting for an offenc e specified in Part 2 (the “alleged
offence”).
(2) Under a DPA—
( a ) P  a g r e e s  t o  c o m p l y  w i t h  t h e  r e q u i r e m e n t s  i m p o s e d  o n  P  b y  t h e
agreement;
(b) the prosecutor agrees that, upon  approval of the DPA by the court
(see paragraph 8), paragraph 2 is to apply in relation to the
prosecution of P for the alleged offence.Crime and Courts Act 2013 (c. 22)
Schedule 17 — Deferred prosecution agreements
Part 1 — General296
Effect of DPA on court proceedings 
2 (1) Proceedings in respect of the alleged offence are to be instituted by the
prosecutor in the Crown Court by prefe rring a bill of indictment charging P
with the alleged offence (see section 2(2 )(ba) of the Administration of Justice
(Miscellaneous Provisions) Act 1933 (bill of indictment preferred with
consent of Crown Court judge  following DPA approval)).
(2) As soon as proceedings are institut ed under sub-paragraph (1) they are
automatically suspended.
(3) The suspension may only be lifted on  an application to the Crown Court by
the prosecutor; and no such application may be made at any time when the
DPA is in force.
(4) At a time when proceedings are su spended under sub-paragraph (2), no
other person may prosecute P for the alleged offence.
Designated prosecutors
3 (1) The following are de signated prosecutors—
(a) the Director of Public Prosecutions;
(b) the Director of th e Serious Fraud Office;
(c) any prosecutor designated unde r this paragraph by an order made
by the Secretary of State.
(2) A designated prosecutor must exercise personally the power to enter into a
DPA and, accordingly, any enactment that enables a function of a
designated prosecutor to be exercised by a person other than the prosecutor
concerned does not apply.
(3) But if the designated prosecutor is unavailable, the power to enter into a
DPA may be exercised personally by a person authorised in writing by the
designated prosecutor.
Persons who may enter into a DPA with a prosecutor
4 (1) P may be a body corporate, a partnership or an unincorporated association,
but may not be an individual.
(2) In the case of a DPA between a prosecutor and a partnership—
(a) the DPA must be entered into in the name of the partnership (and not
in that of any of the partners);
(b) any money payable under the DPA must be paid out of the funds of
the partnership.
(3) In the case of a DPA between a prosecutor and an unincorporated
association—
(a) the DPA must be entered into in the name of the association (and not
in that of any of its members);
(b) any money payable under the DPA must be paid out of the funds of
the association.Crime and Courts Act 2013 (c. 22)
Schedule 17 — Deferred prosecution agreements
Part 1 — General297
Content of a DPA
5 (1) A DPA must contain a statement of facts relating to the alleged offence,
which may include admissions made by P.
(2) A DPA must specify an expiry date , which is the date on which the DPA
ceases to have effect if it has not already been terminated under paragraph
9 (breach).
(3) The requirements that a DPA may impose on P include, but are not limited
to, the following requirements—
(a) to pay to the prosecut or a financial penalty;
(b) to compensate victims of the alleged offence;
(c) to donate money to a ch arity or other third party;
(d) to disgorge any profits made by P from the alleged offence;
(e) to implement a compliance programme or make changes to an
existing compliance programme relati ng to P’s policies or to the
training of P’s employees or both;
(f) to co-operate in any investigation related to the alleged offence;
(g) to pay any reasonable costs of th e prosecutor in relation to the
alleged offence or the DPA.
The DPA may impose time limits within which P must comply with the
requirements imposed on P.
(4) The amount of any financial penalty agreed between the prosecutor and P
must be broadly comparable to the fine that a court would have imposed on
P on conviction for the alleged offence following a guilty plea.
(5) A DPA may include a term setting out the consequences of a failure by P to
comply with any of its terms.
Code on DPAs
6 (1) The Director of Public Prosecutions  and the Director of  the Serious Fraud
Office must jointly issue a Code fo r prosecutors giving guidance on—
(a) the general principles to be a pplied in determining whether a DPA is
likely to be appropriate in a given case, and
(b) the disclosure of information by a prosecutor to P in the course of
negotiations for a DPA and after a DPA has been agreed.
(2) The Code may also give guidance on any other relevant matter, including—
(a) the use of information obtained by a prosecutor in the course of
negotiations for a DPA;
(b) variation of a DPA;
(c) termination of a DPA and steps that may be taken by a prosecutor
following termination;
(d) steps that may be taken by a prosecutor when the prosecutor
suspects a breach of a DPA.
( 3 ) T h e  C o d e  m u s t  b e  s e t  o u t  i n  t h e  r e p o r t  m a d e  b y  t h e  D i r e c t o r  o f  P u b l i c
Prosecutions to the Attorney General under section 9 of the Prosecution of
Offences Act 1985 for the year in which the Code is issued.
(4) The Code may from time to time be altered or replaced by agreement
between—Crime and Courts Act 2013 (c. 22)
Schedule 17 — Deferred prosecution agreements
Part 1 — General298
(a) the Director of Public Prosecutions,
(b) the Director of the Serious Fraud Office, and
(c) any prosecutor who is for the ti me being designated by an order
made under paragraph 3.
(5) If the Code is altered or replaced, th e new Code must be set out in the report
made by the Director of Public Prosecutions to the Attorney General under
section 9 of the Prosecution of Offences  Act 1985 for the year in which the
Code is altered or replaced.
(6) A prosecutor must take account of the Code in exercisi ng functions under
this Schedule.
Court approval of DPA: preliminary hearing
7 (1) After the commencement of negotiations between a prosecutor and P in
respect of a DPA but before the terms of the DPA are agreed, the prosecutor
must apply to the Crown Court for a declaration that—
(a) entering into a DPA with P is likel y to be in the interests of justice,
and
(b) the proposed terms of the DPA are fair, reasonable and
proportionate.
(2) The court must give reasons for its decision on whether or not to make a
declaration under sub-paragraph (1).
(3) The prosecutor may make a further a pplication to the court for a declaration
under sub-paragraph (1) if, following the previous application, the court
declined to make a declaration.
(4) A hearing at which an application under this paragraph is determined must
be held in private, any declaration un der sub-paragraph (1) must be made in
private, and reasons under sub-paragr aph (2) must be given in private.
Court approval of DPA: final hearing
8 (1) When a prosecutor and P have agreed the terms of a DPA, the prosecutor
must apply to the Crown Court for a declaration that—
(a) the DPA is in the in terests of justice, and
(b) the terms of the DPA are fair , reasonable and proportionate.
(2) But the prosecutor may not make an application under sub-paragraph (1)
unless the court has made a declaration under paragraph 7(1) (declaration
on preliminary hearing).
(3) A DPA only comes into force when it is approved by the Crown Court
making a declaration under sub-paragraph (1).
(4) The court must give reasons for its decision on whether or not to make a
declaration under sub-paragraph (1).
(5) A hearing at which an application under this paragraph is determined may
be held in private.
(6) But if the court decides to approv e the DPA and make a declaration under
sub-paragraph (1) it must do so, an d give its reasons, in open court.
(7) Upon approval of the DPA by the court, the prosecutor must publish—Crime and Courts Act 2013 (c. 22)
Schedule 17 — Deferred prosecution agreements
Part 1 — General299
(a) the DPA,
(b) the declaration of the court under paragraph 7 and the reasons for its
decision to make the declaration,
(c) in a case where the court initially declined to make a declaration
under paragraph 7, the court’s reason for that decision, and
(d) the court’s declaration under this paragraph and the reasons for its
decision to make the declaration,
unless the prosecutor is prevented from doing so by an enactment or by an
order of the court under paragraph 12 (postponement of publication to
avoid prejudicing proceedings).
Breach of DPA
9 (1) At any time when a DPA is in force, if the prosecutor believes that P has
failed to comply with the terms of the DPA, the prosecutor may make an
application to the Crown Court under this paragraph.
(2) On an application under sub-paragrap h (1) the court must decide whether,
on the balance of probabili ties, P has failed to comply with the terms of the
DPA.
(3) If the court finds that P has failed to comply with the terms of the DPA, it
may—
(a) invite the prosecutor and P to ag ree proposals to remedy P’s failure
to comply, or
(b) terminate the DPA.
(4) The court must give reasons for its decisions under sub-paragraphs (2) and
(3).
(5) Where the court decides that P has not failed to comply with the terms of the
DPA, the prosecutor must  publish the court’s decision and its reasons for
that decision, unless the prosecutor is prevented from doing so by an
enactment or by an order of the cour t under paragraph 12 (postponement of
publication to avoid prejudicing proceedings).
(6) Where the court invites the prosecutor and P to agree proposals to remedy
P’s failure to comply, the prosecutor  must publish the court’s decisions
under sub-paragraphs (2) and (3) and the reasons fo r those decisions, unless
the prosecutor is prevente d from doing so by an enactment or by an order of
the court under paragraph 12 (postponement of publication to avoid
prejudicing proceedings).
(7) Where the court terminates a DP A under sub-paragraph (3)(b), the
prosecutor must publish—
(a) the fact that the DPA has been terminated by the court following a
failure by P to comply with  the terms of the DPA, and
(b) the court’s reasons for its decisi ons under sub-paragraphs (2) and (3),
unless the prosecutor is prevented from doing so by an enactment or by an
order of the court under paragraph 12 (postponement of publication to
avoid prejudicing proceedings).
(8) If the prosecutor believes that P has fa iled to comply with the terms of the
DPA but decides not to make an applic ation to the Crown Court under this
paragraph, the prosecutor must publis h details relating to that decision,
including—Crime and Courts Act 2013 (c. 22)
Schedule 17 — Deferred prosecution agreements
Part 1 — General300
(a) the reasons for the pr osecutor’s belief that P has failed to comply,
and
(b) the reasons for the prosecutor’s de cision not to make an application
to the court,
unless the prosecutor is prevented from doing so by an enactment or by an
order of the court under paragraph 12 (postponement of publication to
avoid prejudicing proceedings).
Variation of DPA
10 (1) At any time when a DPA is in force, the prosecutor and P may agree to vary
its terms if—
(a) the court has invited the parties to vary the DPA under paragraph
9(3)(a), or
(b) variation of the DPA is necessar y to avoid a failure by P to comply
with its terms in circumstances th at were not, and could not have
been, foreseen by the prosecutor or  P at the time that the DPA was
agreed.
(2) When the prosecutor and P have agreed to vary the terms of a DPA, the
prosecutor must apply to the Crown Court for a declaration that—
(a) the variation is in th e interests of justice, and
(b) the terms of the DPA as varied are fair, reasonable and
proportionate.
(3) A variation of a DPA only takes effe ct when it is approved by the Crown
Court making a declaration under sub-paragraph (2).
(4) The court must give reasons for its decision on whether or not to make a
declaration under sub-paragraph (2).
(5) A hearing at which an application under this paragraph is determined may
be held in private.
(6) But if the court decides to approve the variation and make a declaration
under sub-paragraph (2) it must do so, and give its reasons, in open court.
(7) Where the court decides not to appr ove the variation, the prosecutor must
publish the court’s decision and the reasons for it, unless the prosecutor is
prevented from doing so by  an enactment or by an order of the court under
paragraph 12 (postponement of publication to avoid prejudicing
proceedings).
(8) Where the court decides to approv e the variation the prosecutor must
publish—
(a) the DPA as varied, and
(b) the court’s declaration under this paragraph and the reasons for its
decision to make the declaration,
unless the prosecutor is prevented from doing so by an enactment or by an
order of the court under paragraph 12 (postponement of publication to
avoid prejudicing proceedings).
Discontinuance of proceedin gs on expiry of DPA 
11 (1) If a DPA remains in forc e until its expiry date, then  after the expiry of the
DPA the proceedings instituted under pa ragraph 2(1) are to be discontinuedCrime and Courts Act 2013 (c. 22)
Schedule 17 — Deferred prosecution agreements
Part 1 — General301
by the prosecutor giving notice to the Crown Court that the prosecutor does
not want the proceedings to continue.
(2) Where proceedings are discontinu ed under sub-paragraph (1), fresh
criminal proceedings may not be instituted against P for the alleged offence.
(3) But sub-paragraph (2) does not pr event fresh proceedings from being
instituted against P in a case where, after a DPA has expired, the prosecutor
finds that, during the course of the negotiations for the DPA—
(a) P provided inaccurate, misleading  or incomplete information to the
prosecutor, and
(b) P knew or ought to have known that the information was inaccurate,
misleading or incomplete.
(4) A DPA is not to be treated as ha ving expired for the purposes of sub-
paragraph (1) if, on the expiry  date specified in the DPA—
(a) an application made by the prosecutor under paragraph 9 (breach)
has not yet been decided by the court,
(b) following an application under pa ragraph 9 the court has invited the
parties to agree proposals to remedy P’s failure to comply, but the
parties have not yet reached an agreement, or
(c) the parties have agreed proposals to remedy P’s failure to comply
following an invitation of the court under paragraph 9(3)(a) but P has
not yet complied with the agreement.
(5) In the case mentioned in sub-paragraph (4)(a)—
(a) if the court decides that P has not failed to comply with the terms of
the DPA, or that P has failed to comply but does not take action
under paragraph 9(3), the DPA is to be treated as expiring when the
application is decided;
(b) if the court terminates the DPA, the DPA is to be treated as not
having remained in forc e until its expiry date (and sub-paragraph (1)
therefore does not apply);
(c) if the court invites the parties to agree proposals to remedy P’s
failure to comply, the DPA is to be treated as expiring when the
parties have reached such an agreement and P has complied with it.
(6) In the case mentioned in sub-paragrap h (4)(b), the DPA is to be treated as
expiring when the part ies have reached an agreement and P has complied
with it.
(7) In the case mentioned in sub-paragrap h (4)(c), the DPA is to be treated as
expiring when P complie s with the agreement.
(8) Where proceedings are discontinu ed under sub-paragraph (1), the
prosecutor must publish—
(a) the fact that the proceeding s have been discontinued, and
(b) details of P’s compliance with the DPA,
unless the prosecutor is prevented from doing so by an enactment or by an
order of the court under paragraph 12 (postponement of publication to
avoid prejudicing proceedings).
Court order postponing publication of information by prosecutor
12 The court may order that the publicat ion of information by the prosecutor
under paragraph 8(7), 9(5), (6), (7) or (8 ), 10(7) or (8) or 11(8) be postponedCrime and Courts Act 2013 (c. 22)
Schedule 17 — Deferred prosecution agreements
Part 1 — General302
for such period as the court considers necessary if it appears to the court that
postponement is necessary for avoiding a substantial risk of prejudice to the
administration of justice in any legal proceedings.
Use of material in criminal proceedings
13 (1) Sub-paragraph (2) applies where a DPA between a prosecutor and P has
been approved by the Crown Court under paragraph 8.
(2) The statement of facts contained in the DPA is, in any criminal proceedings
brought against P for the alleged offence,  to be treated as an admission by P
under section 10 of the Criminal Justice Act 1967 (proof by formal
admission). 
(3) Sub-paragraph (4) appl ies where a prosecutor and P have entered into
negotiations for a DPA but the DPA has  not been approved by the Crown
Court under paragraph 8.
(4) Material described in sub-paragrap h (6) may only be used in evidence
against P—
(a) on a prosecution for an offence consisting of the provision of
inaccurate, misleading or incomplete information, or
(b) on a prosecution for some other o ffence where in giving evidence P
makes a statement inconsis tent with the material.
(5) However, material may not be used against P by virtue of sub-paragraph
(4)(b) unless evidence relating to it is adduced, or a question relating to it is
asked, by or on behalf of P in the pr oceedings arising out of the prosecution.
(6) The material is—
(a) material that shows that P entered into negotiations for a DPA,
including in particular—
(i) any draft of the DPA;
(ii) any draft of a statement of facts intended to be included
within the DPA;
(iii) any statement indicating that P entered into such
negotiations;
(b) material that was created solely  for the purpose of preparing the
DPA or statement of facts.
Money received by prosecutor under a DPA
14 Any money received by a prosecutor under a term of a DPA that provides
for P to pay a financial penalty to the prosecutor or to disgorge profits made
from the alleged offence is to be paid into the Consolidated Fund.
PART 2
OFFENCES  IN RELATION  TO WHICH  A DPA MAY  BE ENTERED  INTO
Common law offences
15 Conspiracy to defraud.
16 Cheating the public revenue.Crime and Courts Act 2013 (c. 22)
Schedule 17 — Deferred prosecution agreements
Part 2 — Offences in relation to which a DPA may be entered into303
Statutory offences
17 An offence under any of the following sections of the Theft Act 1968—
(a) section 1 (theft);
(b) section 17 (false accounting);
(c) section 20 (suppressi on etc of documents);
(d) section 24A (dishonestly retaining a wrongful credit).
18 An offence under any of the followin g sections of the Customs and Excise
Management Act 1979—
(a) section 68 (offences in relation to export ation of prohibited or
restricted goods);
(b) section 167 (untrue declarations etc);
(c) section 170 (fraudulent evasion of duty etc).
19 An offence under any of the following sections of the Forgery and
Counterfeiting Act 1981—
(a) section 1 (forgery);
(b) section 2 (copying  a false instrument);
(c) section 3 (using a false instrument);
(d) section 4 (using a copy of a false instrument);
(e) section 5 (offences relating to  money orders, share certificates,
passports etc).
20 An offence under section 450 of the Companies Act 1985 (destroying,
mutilating etc company documents).
21 An offence under section 72 of th e Value Added Tax Act 1994 (fraudulent
evasion of VAT).
22 An offence under any of the following sections of the Financial Services and
Markets Act 2000—
(a) section 23 (contravention of proh ibition of carrying on regulated
activity unless authorised or exempt);
(b) section 25 (contraven tion of restrictions on financial promotion);
(c) section 85 (prohibition of dea ling etc in transferable securities
without approved prospectus);
(d) section 346 (provision of false or  misleading statements to auditor or
actuary);
(e) section 397 (misleading statements and practices);
(f) section 398 (misleading the FSA).
23 An offence under any of the following sections of the Proceeds of Crime Act
2002—
(a) section 327 (concealing etc criminal property);
(b) section 328 (arrangements facilit ating acquisition etc of criminal
property);
(c) section 329 (acquisition, use and possession of criminal property);
(d) section 330 (failing to disclose  knowledge or suspicion of money
laundering);
(e) section 333A (tipping off).
24 An offence under any of the following sections of the Companies Act 2006—Crime and Courts Act 2013 (c. 22)
Schedule 17 — Deferred prosecution agreements
Part 2 — Offences in relation to which a DPA may be entered into304
(a) section 658 (general rule agains t limited company acquiring its own
shares);
(b) section 680 (prohibite d financial assistance);
(c) section 993 (fraudulent trading).
25 An offence under any of the following sections of the Fraud Act 2006—
(a) section 1 (fraud);
(b) section 6 (possession etc of  articles for use in frauds);
(c) section 7 (making or supplying  articles for use in frauds);
(d) section 11 (obtaining services dishonestly).
26 An offence under any of the following sections of the Bribery Act 2010—
(a) section 1 (bribi ng another person);
(b) section 2 (being bribed);
(c) section 6 (bribery of foreign public officials);
(d) section 7 (failure of commercial organisations to prevent bribery).
27 An offence under regulation 45 of the Money Laundering  Regulations 2007
(S.I. 2007/2157).
Ancillary offences
28 Any ancillary offence relating to an offence specified in this Part.
Interpretation of this Part
29 “Ancillary offence”, in rela tion to an offence, means—
(a) aiding, abetting, counselling or procuring the commission of the
offence;
(b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging
or assisting crime) in relation to the offence;
(c) attempting or conspiring to commit the offence.
30 This Schedule applies in relation to conduct occurring before the
commencement of this Schedule as if an offence specified in this Part
included any corresponding offence under the law in force at the time of the
conduct (and for the purposes of this paragraph, the common law offence of
inciting the commission of another offe nce is to be treated as an offence
corresponding to an offence under Part 2 of the Serious Crime Act 2007).
Power to amend this Part
31 The Secretary of State may by  order amend this Part by—
(a) adding an offence of fi nancial or ec onomic crime;
(b) removing an offence.
PART 3
CONSEQUENTIAL  AND  TRANSITIONAL  PROVISION
Consequential amendments
32 In section 2 of the Administration of  Justice (Miscellane ous Provisions) Act
1933 (procedure for indictment of offenders), in subs ection (2) afterCrime and Courts Act 2013 (c. 22)
Schedule 17 — Deferred prosecution agreements
Part 3 — Consequential and transitional provision305
paragraph (b) insert—
“(ba) the bill is preferred with the consent of a judge of the Crown
Court following a declaration by the court under paragraph
8(1) of Schedule 17 to the Crime and Courts Act 2013 (court
approval of deferred prosecution agreement); or”.
33 In section 2 of the Criminal Proced ure (Attendance of Witnesses) Act 1965
(issue of witness summons on application to the Crown Court), after
subsection (6) insert—
“(6A) Where the proceedings concerned relate to an offence that is the
subject of a deferred prosecution agreement within the meaning of
Schedule 17 to the Crime and Courts Act 2013, an application must
be made as soon as is reasonably practicable after the suspension of
the proceedings is lifted under pa ragraph 2(3) of that Schedule.”
34 In Schedule 1 to the Contempt of Court Act 1981 (times when proceedings
are active for purposes of strict liab ility rule for contempt of court), in
paragraph 7, after paragraph (aa) insert—
“(ab) in England and Wales, if they are
discontinued by virtue of paragraph 11 of
Schedule 17 to the Crime and Courts Act 2013
(deferred prosecution agreements);”.
35 In section 15 of the Prosecution of Offences Act 1985 (interpretation), in
subsection (2)(d) after “(b)” insert “or (ba)”.
36 In section 51 of the Criminal Justice and Public Order Act 1994 (intimidation
etc of witnesses, jurors and others), in subsection 10(a )(iii) after “2(2)(b)”
insert “or (ba)”.
37 (1) The Criminal Procedure and Investigations Act 1996 is amended as follows.
(2) In section 1 (application of Part 1: disclosure), in subs ection (2), after
paragraph (f) insert “, or
(g) following the preferment of a bill of indictment charging a
person with an indictable offence under the authority of
section 2(2)(ba) of the Administration of Justice
(Miscellaneous Provisions) Act 1933 (bill of indictment
preferred with consent of Crown Court judge following
approval of deferred prosecut ion agreement), the suspension
of the proceedings against the person under paragraph 2(2)
of Schedule 17 to the Crime and Courts Act 2013 is lifted
under paragraph 2(3) of that Schedule.”
(3) In section 28 (application of Part 3:  preparatory hearings), in subsection
(1)(c) after “2(2)(b)”  insert “or (ba)”.
(4) In section 39 (meaning of pre-tria l hearing), in subsection (2)(a) after
“2(2)(b)” insert “or (ba)”.
(5) In Schedule 3 (fraud), in paragraph 8( 1)(c) after “2(2)(b)” insert “or (ba)”.
38 In section 85 of the Proceeds of Crim e Act 2002 (proceedings), in subsection
(1)(c) at the end insert “o r subsection (2)(ba) of th at section (preferment by
Crown Court judge following appr oval of deferred prosecution
agreement)”.Crime and Courts Act 2013 (c. 22)
Schedule 17 — Deferred prosecution agreements
Part 3 — Consequential an d transitional provision306
Transitional provision
39 (1) Conduct constituting an alleged o ffence that occurred before the relevant
commencement day may be taken into  account for the purposes of this
Schedule.
(2) In this paragraph, the “rel evant commencement day” means—
(a) in a case where the alleged offence is an offence that is specified in
Part 2 when this Schedule comes into force, the day on which this
Schedule comes into force;
(b) in a case where the alleged offence is an offence that is subsequently
added to Part 2 (whether  by order under paragraph 31 or otherwise),
the day when the enactm ent adding that offence to Part 2 comes into
force.
SCHEDULE 18 Section 48
PROCEEDS  OF CRIME : CIVIL  RECOVERY  OF THE PROCEEDS  ETC OF UNLAWFUL  CONDUCT
PART 1
ENFORCEMENT  OF INTERIM  ORDERS  IN THE UNITED  KINGDOM
1 Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of
UK judgments in other parts of UK) is amended as follows.
2 In subsection (5)(d) (provisional measur es), at the end insert “or an interim
order made in connection with the ci vil recovery of proceeds of unlawful
conduct”.
3 After subsection (6) insert—
“(6A) In subsection (5)(d), “an interim order made in conn ection with the
civil recovery of proceeds of un lawful conduct” means any of the
following made under Chapter 2 of Part 5 of the Proceeds of Crime
Act 2002—
(a) a property freezing order or  prohibitory property order;
(b) an order under section 245E or 245F of that Act (order
relating to receivers in conn ection with property freezing
order);
(c) an interim receiving order or interim administration order.”
PART 2
PROPERTY  OR EVIDENCE  OUTSIDE  THE UNITED  KINGDOM
4 Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc
of unlawful conduct) is amended as follows.
5 In section 280 (applying realised proc eeds), in subsection  (1), for “This
section applies to” substitute “Subsect ion (2) applies to sums which are in
the hands of the trustee for civil recovery if they are”.Crime and Courts Act 2013 (c. 22)
Schedule 18 — Proceeds of crime: civil recove ry of the proceeds etc of unlawful conduct
Part 2 — Property or evidence outside the United Kingdom307
6 After section 282A insert—
“Enforcement outside the United Kingdom
282B Enforcement abroad before reco very order: enforcement authority
(1) This section applies if—
(a) the property freezing conditions are met in relation to
property,
(b) the property is not property to which a recovery order
applies, and
(c) an enforcement authority in re lation to England and Wales or
Scotland believes that the proper ty is in a country outside the
United Kingdom (the receiving country).
(2) The property freezing conditions are—
(a) in England and Wales, the conditions in section 245A(5) and
(6), and
(b) in Scotland, the conditions  in section 255A(5) and (6),
and, for the purposes of this su bsection, the references in those
provisions to property to which th e application for the order relates
are to be read as references to the property mentioned in subsection
(1)(a).
(3) The enforcement authority may send a request for assistance in
relation to the property to the Se cretary of State with a view to it
being forwarded un der this section.
(4) The Secretary of State may forward the request for assistance to the
government of the receiving country.
(5) A request for assistance under this section is a request to the
government of the receiving country—
(a) to secure that any person is prohibited from dealing with the
property;
(b) for assistance in connecti on with the management of the
property, including with securi ng its detention, custody or
preservation.
282C Enforcement abroad before recovery  order: receiver or administrator
(1) This section applies if—
(a) a property freezing order made  by the High Court in England
and Wales has effect in relation to property, and
(b) the receiver appointed under section 245E in respect of the
property believes that it is in a country outside the United
Kingdom (the receiving country).
(2) This section also applies if—
(a) an interim receiving orde r made by the High Court in
England and Wales or an interim administration order has
effect in relation to property, and
(b) the interim receiver or interi m administrator believes that the
property is in a country outside the United Kingdom (the
receiving country).Crime and Courts Act 2013 (c. 22)
Schedule 18 — Proceeds of crime:  civil recovery of the procee ds etc of unlawful conduct
Part 2 — Property or evidence outside the United Kingdom308
(3) The receiver or administrator ma y send a request for assistance in
relation to the property to the Se cretary of State with a view to it
being forwarded un der this section.
(4) The Secretary of State must forwar d the request for assistance to the
government of the receiving country.
(5) A request for assistance under this section is a request to the
government of the receiving country—
(a) to secure that any person is prohibited from dealing with the
property;
(b) for assistance in connecti on with the management of the
property, including with securi ng its detention, custody or
preservation.
282D Evidence overseas: interim rece iver or interim administrator
(1) This section applies if—
(a) an interim receiving orde r made by the High Court in
England and Wales or an interim administration order has
effect in relation to property, and
(b) the order requires the in terim receiver or interim
administrator to take steps to establish a matter described in
section 247(2)(a) or (b ) or 257(2)(a) or (b).
(2) The interim receiver or interim administrator may request assistance
under this section if the interim receiver or interim administrator
thinks that there is relevant evid ence in a country outside the United
Kingdom.
(3) A judge of the High Court in  England and Wa les may request
assistance under this section if—
(a) an application is made by the interim receiver or by a person
subject to investigation by the interim receiver, and
(b) the judge thinks that there is relevant evidence in a country
outside the United Kingdom.
(4) A judge of the Court of Session may request assistance under this
section if—
(a) an application is made by th e interim administrator or by a
person subject to investigatio n by the interim administrator,
and
(b) the judge thinks that there is relevant evidence in a country
outside the United Kingdom.
(5) The assistance that may be requested under this section is assistance
in obtaining outside the United Ki ngdom relevant evidence specified
in the request.
(6) Relevant evidence is—
(a) in relation to an application or request made for the purposes
of an investigation by an interim receiver, evidence as to a
matter described in sect ion 247(2)(a) or (b);
(b) in relation to an application or request made for the purposes
of an investigation by an inte rim administrator, evidence as
to a matter described in section 257(2)(a) or (b).Crime and Courts Act 2013 (c. 22)
Schedule 18 — Proceeds of crime: civil recove ry of the proceeds etc of unlawful conduct
Part 2 — Property or evidence outside the United Kingdom309
(7) A request for assistance under this section may be sent—
(a) to a court or tribunal which is specified in the request and
which exercises jurisd iction in the place where the evidence
is to be obtained,
(b) to the government of the country concerned, or
(c) to an authority recognised by  the government of the country
concerned as the appropriate authority for receiving requests
for assistance of that kind.
(8) Alternatively, a request for assistance under this section may be sent
to the Secretary of State with a view to it being forwarded to a court,
tribunal, government or authority mentioned in subsection (7).
(9) The Secretary of State must forwar d the request for assistance to the
court, tribunal, government or authority.
(10) In a case of urgency, a request for assistance under this section may
be sent to—
(a) the International Crimin al Police Organisation, or
(b) any person competent to receive it under any provisions
adopted under the EU Treaties,
for forwarding to the court, tribunal, government or authority
mentioned in subsection (7).
(11) Rules of court may make provisio n as to the practice and procedure
to be followed in connection with  proceedings relating to requests
for assistance made by a judge under this section.
(12) “Evidence” includes documents, information in any other form and
material.
282E Evidence overseas: restrictions on use
(1) This section applies to evidence obtained by means of a request for
assistance under section 282D. 
(2) The evidence must not be used for any purpose other than—
(a) for the purposes of carrying out the functions of the interim
receiver or interim administrator, or
(b) for the purposes of proceedin gs under this Chapter of this
Part in respect of property desc ribed in subsecti on (3) or any
proceedings arising out of such proceedings.
(3) That property is—
(a) the property that is the subj ect of the interim receiving order
or interim administration order, or
(b) other property that is recove rable property in respect of the
same unlawful conduct.
(4) Subsection (2) does not apply if the court, tribunal, government or
authority to whom the request for a ssistance was sent consents to the
use.
(5) In Scotland, the evidence may be received in eviden ce without being
sworn to by anyone, so far as that may be done without unfairness to
any party.Crime and Courts Act 2013 (c. 22)
Schedule 18 — Proceeds of crime:  civil recovery of the procee ds etc of unlawful conduct
Part 2 — Property or evidence outside the United Kingdom310
282F Enforcement abroad: after recovery order
(1) This section applies if—
(a) a recovery order made by the High Court in England and
Wales or the Court of Sessio n has effect in relation to
property, and
(b) the enforcement authority or the trustee for civil recovery
believes that the property is in a country outside the United
Kingdom (the receiving country).
(2) The enforcement authority or trus tee for civil recovery may send a
request for assistance in relation to the property to the Secretary of
State with a view to it bein g forwarded under this section.
(3) The Secretary of State may forward a request for assistance from the
enforcement authority to the government of the receiving country.
(4) The Secretary of State must forward a request for assistance from the
trustee for civil recovery to the go vernment of the receiving country.
(5) A request for assistance is a request to the government of the
receiving country for assistance in  connection with the management
and disposal of the proper ty and includes a request—
(a) to secure the detention, cu stody or preservation of the
property;
(b) in the case of money, to secure  that it is applied in accordance
with the law of the receiving country;
(c) in the case of property other than money, to secure that the
property is realised and the proceeds are applied in
accordance with the law of the receiving country.
( 6 ) A  c e r t i f i c a t e  p u r p o r t i n g  t o  b e  i s s u e d  b y  o r  o n  b e h a l f  o f  t h e
government of the receiving country is admissible as evidence of the
facts it states if it states—
(a) that property has been realis ed in pursuance of a request
under this section,
(b) the date of realisation, and
(c) the proceeds of realisation.”
SCHEDULE 19 Section 49
PROCEEDS  OF CRIME : INVESTIGATIONS
PART 1
CIVIL RECOVERY  INVESTIGATIONS
1 Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as
follows.Crime and Courts Act 2013 (c. 22)
Schedule 19 — Proceeds of crime: investigations
Part 1 — Civil recovery investigations311
Meaning of “civil recovery investigation”
2 In section 341 (investigations), for subsections (2) and (3) substitute—
“(2) For the purposes of this Part a civil recovery investigation is an
investigation for the purpose of identifying recoverable property or
associated property and includes investigation into—
(a) whether property is or ha s been recoverable property or
associated property,
(b) who holds or has held property,
(c) what property a person  holds or has held, or
(d) the nature, extent or whereabouts of property.
(3) But an investigation is not a civi l recovery investig ation to the extent
that it relates to—
(a) property in respect of which proceedings for a recovery order
have been started,
(b) property to which an interim receiving order applies,
(c) property to which an interim administration order applies, or
(d) property detained under section 295.”
3 After that section insert—
“341A Orders and warrants sought fo r civil recovery investigations
 Where an application under this  Part for an order or warrant
specifies property that is subject to a civil recovery investigation,
references in this Part to the inve stigation for the purposes of which
the order or warrant is sought  include investigation into—
(a) whether a person who appears to hold or to have held the
specified property holds or has held other property,
(b) whether the other property is or has been recoverable
property or associated property, and
(c) the nature, extent or wher eabouts of the other property.”
Production orders: England and Wales
4 In section 345 (production orders), in  subsection (2)(a), after “confiscation
investigation” insert “, a ci vil recovery investigation”.
5 In section 346 (requirements for making of production order), in subsection
(2), for paragraph (b) substitute—
“(b) in the case of a civil recovery investigation—
(i) the person the application for the order specifies as
being subject to the invest igation holds recoverable
property or associated property,
(ii) that person has, at any time, held property that was
recoverable property or a ssociated property at the
time, or
(iii) the property the application for the order specifies as
being subject to the inve stigation is recoverable
property or associated property;”.Crime and Courts Act 2013 (c. 22)
Schedule 19 — Proceeds of  crime: investigations
Part 1 — Civil recovery investigations312
Search and seizure warrants: England and Wales
6 In section 352 (search and seizure warr ants), in subsecti on (2)(a), after
“confiscation investigatio n” insert “, a civil re covery investigation”.
7 (1) Section 353 (requirements where production order not available) is
amended as follows.
(2) In subsection (2), for paragraph (b) substitute—
“(b) in the case of a civil recovery investigation—
(i) the person specified in the application for the warrant
holds recoverable property or associated property,
(ii) that person has, at any time, held property that was
recoverable property or a ssociated property at the
time, or
(iii) the property specified in the application for the
warrant is recoverable property or associated
property;”. 
(3) In subsection (7), for paragraph (a) substitute—
“(a) relates to the person or prop erty specified in the application
or to any of the questions listed in subsection (7ZA), and”.
(4) After that subsection insert—
“(7ZA) Those questions are—
(a) where a person is specified in  the application, any question as
to—
(i) what property the pers on holds or has held,
(ii) whether the property is or has been recoverable
property or associated property, or
(iii) the nature, extent or whereabouts of the property,
and
(b) where property is specified in the application, any question
as to—
(i) whether the property is or has been recoverable
property or associated property,
(ii) who holds it or has held it,
(iii) whether a person who appears to hold or to have held
it holds or has held other property,
(iv) whether the other property is or has been recoverable
property or associated property, or
(v) the nature, extent or wh ereabouts of the specified
property or the other property.”
Disclosure orders: England and Wales
8 In section 357 (disclosure orders), in su bsection (3)(b), at the beginning insert
“a person specified in the application or”.
9 In section 358 (requirements for making of disclosure order), in subsection
(2), for paragraph (b) substitute—
“(b) in the case of a civil recovery investigation—Crime and Courts Act 2013 (c. 22)
Schedule 19 — Proceeds of crime: investigations
Part 1 — Civil recovery investigations313
(i) the person specified in the application for the order
holds recoverable property or associated property,
(ii) that person has, at any time, held property that was
recoverable property or a ssociated property at the
time, or
(iii) the property specified in the application for the order
is recoverable property or associated property;”.
Customer information orders: England and Wales
10 In section 363 (customer informat ion orders), in subsection (2)—
(a) after “confiscation investigat ion” insert “, a civil recovery
investigation”, and
(b) omit paragraph (b) (and the “or” before it).
11 In section 365 (requirements for making  of customer information order), for
subsection (3) substitute—
“(3A) In the case of a civil recovery in vestigation, there must be reasonable
grounds for suspecting that the pe rson specified in the application—
(a) holds recoverable property  or associated property, or
(b) has, at any time, held property that was recoverable property
or associated property at the time.”
Account monitoring orders: England and Wales
12 In section 370 (account monitori ng orders), in subsection (2)—
(a) after “confiscation investigat ion” insert “, a civil recovery
investigation”, and
(b) omit paragraph (b) (and the “or” before it).
13 In section 371 (requirements for maki ng of account monitoring order), for
subsection (3) substitute—
“(3A) In the case of a civil recovery in vestigation, there must be reasonable
grounds for suspecting that the pe rson specified in the application
holds recoverable property or associated property.”
Production orders: Scotland
14 (1) Section 380 (production or ders) is amended as follows.
(2) In subsection (2), omit “property subject to”.
(3) In subsection (3)(a), af ter “confiscation investigat ion” insert “, a civil
recovery investigation”.
15 (1) In section 381 (requirements for making of production order), in subsection
(2), for paragraph (b) substitute—
“(b) in the case of a civil recovery investigation—
(i) the person the application for the order specifies as
being subject to the invest igation holds recoverable
property or associated property,
(ii) that person has, at any time, held property that was
recoverable property or a ssociated property at the
time, orCrime and Courts Act 2013 (c. 22)
Schedule 19 — Proceeds of  crime: investigations
Part 1 — Civil recovery investigations314
(iii) the property the application for the order specifies as
being subject to the inve stigation is recoverable
property or associated property;”.
Search warrants: Scotland
16 (1) Section 387 (search warrants) is amended as follows.
(2) In subsection (2), omit “property subject to”.
(3) In subsection (3)(a), af ter “confiscation investigat ion” insert “, a civil
recovery investigation”.
17 (1) Section 388 (requirements where production order not available) is
amended as follows.
(2) In subsection (2), for paragraph (b) substitute—
“(b) in the case of a civil recovery investigation—
(i) the person specified in the application for the warrant
holds recoverable property or associated property,
(ii) that person has, at any time, held property that was
recoverable property or a ssociated property at the
time, or
(iii) the property specified in the application for the
warrant is recoverable property or associated
property;”. 
(3) In subsection (7), for paragraph (a) substitute—
“(a) relates to the person or prop erty specified in the application
or to any of the questions listed in subsection (7ZA), and”.
(4) After that subsection insert—
“(7ZA) Those questions are—
(a) where a person is specified in  the application, any question as
to—
(i) what property the pers on holds or has held,
(ii) whether the property is or has been recoverable
property or associated property, or
(iii) the nature, extent or whereabouts of the property,
and
(b) where property is specified in the application, any question
as to—
(i) whether the property is or has been recoverable
property or associated property,
(ii) who holds it or has held it,
(iii) whether a person who appears to hold or to have held
it holds or has held other property,
(iv) whether the other property is or has been recoverable
property or associated property, or
(v) the nature, extent or wh ereabouts of the specified
property or the other property.”Crime and Courts Act 2013 (c. 22)
Schedule 19 — Proceeds of crime: investigations
Part 1 — Civil recovery investigations315
Disclosure orders: Scotland
18 In section 391 (disclosure orders), in subsection (3)(b), at  the beginning insert
“a person specified in the application or”.
19 In section 392 (requirements for making of disclosure order), in subsection
(2), for paragraph (b) substitute—
“(b) in the case of a civil recovery investigation—
(i) the person specified in the application for the order
holds recoverable property or associated property,
(ii) that person has, at any time, held property that was
recoverable property or a ssociated property at the
time, or
(iii) the property specified in the application for the order
is recoverable property or associated property;”.
Customer information orders: Scotland
20 (1) Section 397 (customer information orders) is amended as follows.
(2) In subsection (2), omit “property subject to”.
(3) In subsection (3)—
(a) after “confiscation investigat ion” insert “, a civil recovery
investigation”, and
(b) omit paragraph (b) (and the “or” before it).
21 In section 399 (requirements for making  of customer information order), for
subsection (3) substitute—
“(3A) In the case of a civil recovery in vestigation, there must be reasonable
grounds for suspecting that the pe rson specified in the application—
(a) holds recoverable property  or associated property, or
(b) has, at any time, held property that was recoverable property
or associated property at the time.”
Account monitoring orders: Scotland
22 (1) Section 404 (account monitori ng orders) is amended as follows.
(2) In subsection (2), omit “property subject to”.
(3) In subsection (3)—
(a) after “confiscation investigat ion” insert “, a civil recovery
investigation”, and
(b) omit paragraph (b) (and the “or” before it).
23 In section 405 (requirements for maki ng of account monitoring order), for
subsection (3) substitute—
“(3A) In the case of a civil recovery in vestigation, there must be reasonable
grounds for suspecting that the pe rson specified in the application
holds recoverable property or associated property.”Crime and Courts Act 2013 (c. 22)
Schedule 19 — Proceeds of  crime: investigations
Part 2 — Evidence overseas316
PART 2
EVIDENCE  OVERSEAS
24 Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as
follows.
25 In section 341(3A) (definition of  detained cash investigation)—
(a) after “investigation is” insert “an investigation for the purposes of
Chapter 3 of Part 5 into—”, and
(b) in paragraphs (a) and (b), omit “an investigation for the purposes of
Chapter 3 of Part 5 into”.
26 In Chapter 2 (England and Wales and Northern Ireland), after section 375
and the heading “Evidence overseas” insert—
“375A Evidence overseas
(1) This section applies if a person or property is subject to a civil
recovery investigation, a deta ined cash investigation or an
exploitation procee ds investigation.
(2) A judge may request assistance under this section if—
(a) an application is made by an appropriate officer or a person
subject to the investigation, and
(b) the judge thinks that there is relevant evidence in a country
or territory outside the United Kingdom.
(3) The relevant Director or a seni or appropriate officer may request
assistance under this section if the Di rector or officer thinks that there
is relevant evidence in a countr y or territory outside the United
Kingdom.
(4) The assistance that may be requested under this section is assistance
in obtaining outside the United Ki ngdom relevant evidence specified
in the request.
(5) Relevant evidence is—
(a) in relation to an application or request made for the purposes
of a civil recovery investigatio n, evidence relevant for the
purpose of identifying recove rable property or associated
property, including evidence as to a matter described in
section 341(2)(a) to (d);
(b) in relation to an application or request made for the purposes
of a detained cash investigat i o n ,  e v i d e n c e  a s  t o  a  m a t t e r
described in section 341(3A)(a) or (b);
(c) in relation to an application or request made for the purposes
of an exploitation proceeds investigation, evidence as to a
matter described in sect ion 341(5)(a) to (d).
(6) A request for assistance under this section may be sent—
(a) to a court or tribunal which is specified in the request and
which exercises jurisd iction in the place where the evidence
is to be obtained,
(b) to the government of the coun try or territory concerned, orCrime and Courts Act 2013 (c. 22)
Schedule 19 — Proceeds of crime: investigations
Part 2 — Evidence overseas317
(c) to an authority recognised by  the government of the country
or territory concerned as the appropriate authority for
receiving requests for assistance of that kind.
(7) Alternatively, a request for assistance under this section may be sent
to the Secretary of State with a view to it being forwarded to a court,
tribunal, government or authority mentioned in subsection (6).
(8) The Secretary of State must forwar d the request for assistance to the
court, tribunal, government or authority.
(9) In a case of urgency, a request for assistance under this section may
be sent to—
(a) the International Crimin al Police Organisation, or
(b) any person competent to receive it under any provisions
adopted under the EU Treaties,
for forwarding to the court, tribunal, government or authority
mentioned in subsection (6).
(10) Rules of court may make provisio n as to the practice and procedure
to be followed in connection with  proceedings relating to requests
for assistance made by a judge under this section.
(11) “Evidence” includes documents, information in any other form and
material.
375B  Evidence overseas: restrictions on use
(1) This section applies to evidence obtained by means of a request for
assistance under section 375A.
(2) The evidence must not be used for any purpose other than—
(a) for the purposes of the in vestigation for which it was
obtained, or
(b) for the purposes of proceedings  described in subsection (3) or
any proceedings arising ou t of such proceedings.
(3) Those proceedings are—
(a) if the request was made for th e purposes of a civil recovery
investigation, proceedings under Chapter 2 of Part 5 of this
Act arising out of the investigation;
(b) if the request was made for th e purposes of a detained cash
investigation, proceedings under Chapter 3 of Part 5 of this
Act arising out of the investigation;
(c) if the request was made for th e purposes of an exploitation
proceeds investigation, proc eedings under Part 7 of the
Coroners and Justice Act 2009 arising out of the investigation.
(4) Subsection (2) does not apply if the court, tribunal, government or
authority to whom the request for a ssistance was sent consents to the
use.”
27 (1) Section 378 (officers) is amended as follows.
(2) After subsecti on (3A) insert—
“(3AA) In relation to a detained cash investigation these are senior
appropriate officers—Crime and Courts Act 2013 (c. 22)
Schedule 19 — Proceeds of  crime: investigations
Part 2 — Evidence overseas318
(a) a police officer who is not be low the rank of superintendent;
(b) an accredited financial investigator who falls within a
description specified in an or der made for the purposes of
this paragraph by the Secretary of State under section 453;
(c) an officer of Revenue and Customs who is not below such
grade as is designated by the Commissioners for Her
Majesty’s Revenue and Customs as equivalent to that rank.”
(3) In subsection (6A)—
(a) after “investigation” insert “—
(a) ”, and
(b) at the end insert—
“(b) a senior member of SOCA’s staff is a senior
appropriate officer.”
28 In Chapter 3 (Scotland), after section 408 insert—
“Evidence overseas
408A Evidence overseas
(1) This section applies if a person or property is subject to a civil
recovery investigation or a detained cash investigation.
(2) A judge of the Court of Session may request assistance under this
section if—
(a) an application is made by an appropriate person or a person
subject to the investigation, and
(b) the judge thinks that there is relevant evidence in a country
or territory outside the United Kingdom.
(3) An appropriate person may request assistance under this section if
the person thinks that there is relevant evidence in a country or
territory outside the United Kingdom.
(4) The assistance that may be requested under this section is assistance
in obtaining outside the United Ki ngdom relevant evidence specified
in the request.
(5) Relevant evidence is—
(a) in relation to an application or request made for the purposes
of a civil recovery investigatio n, evidence relevant for the
purpose of identifying recove rable property or associated
property, including evidence as to a matter described in
section 341(2)(a) to (d);
(b) in relation to an application or request made for the purposes
of a detained cash investigat i o n ,  e v i d e n c e  a s  t o  a  m a t t e r
described in section 341(3A)(a) or (b).
(6) A request for assistance under this section may be sent—
(a) to a court or tribunal which is specified in the request and
which exercises jurisd iction in the place where the evidence
is to be obtained,
(b) to the government of the coun try or territory concerned, orCrime and Courts Act 2013 (c. 22)
Schedule 19 — Proceeds of crime: investigations
Part 2 — Evidence overseas319
(c) to an authority recognised by  the government of the country
or territory concerned as the appropriate authority for
receiving requests for assistance of that kind.
(7) Alternatively, a request for assistance under this section may be sent
to the Secretary of State with a view to it being forwarded to a court,
tribunal, government or authority mentioned in subsection (6).
(8) The Secretary of State must forwar d the request for assistance to the
court, tribunal, government or authority.
(9) In a case of urgency, a request for assistance under this section may
be sent to—
(a) the International Crimin al Police Organisation, or
(b) any person competent to receive it under any provisions
adopted under the EU Treaties,
for forwarding to the court, tribunal, government or authority
mentioned in subsection (6).
(10) Rules of court may make provisio n as to the practice and procedure
to be followed in connection with  proceedings relating to requests
for assistance made by a judge under this section.
(11) “Evidence” includes documents, information in any other form and
material.
408B Evidence overseas: restrictions on use
(1) This section applies to evidence obtained by means of a request for
assistance under section 408A.
(2) The evidence must not be used for any purpose other than—
(a) for the purposes of the in vestigation for which it was
obtained, or
(b) for the purposes of proceedings  described in subsection (3) or
any proceedings arising ou t of such proceedings.
(3) Those proceedings are—
(a) if the request was made for th e purposes of a civil recovery
investigation, proceedings under Chapter 2 of Part 5 of this
Act arising out of the investigation;
(b) if the request was made for th e purposes of a detained cash
investigation, proceedings under Chapter 3 of Part 5 of this
Act arising out of the investigation.
(4) Subsection (2) does not apply if the court, tribunal, government or
authority to whom the request for a ssistance was sent consents to the
use.
(5) The evidence may be received in  evidence without being sworn to by
anyone, so far as that may be done without unfairness to any party.”Crime and Courts Act 2013 (c. 22)
Schedule 19 — Proceeds of  crime: investigations
Part 3 — Consequential amendments: immigr ation officers and National Crime Agency320
PART 3
CONSEQUENTIAL  AMENDMENTS : IMMIGRATION  OFFICERS  AND  NATIONAL  CRIME  AGENCY
Immigration officers
29 In section 378 of the Proceeds of Crim e Act 2002 (investigations: appropriate
officers etc), in subsection  (3AA) (inserted by this Schedule), after paragraph
(c) insert—
“(d) an immigration officer who is not below such grade as is
designated by the Secretary of  State as equivalent to that
rank.”
National Crime Agency
30 In section 378 of the Proceeds of Crim e Act 2002 (investigations: appropriate
officers etc), in subsecti on (6A)(b) (inserted by th is Schedule), for “senior
member of SOCA’s staff” substitute “senior National Crime Agency officer”.
SCHEDULE 20 Section 50
EXTRADITION
PART 1
FORUM
Extradition to category 1 territories
1 Part 1 of the Extradition Act 2003 (ext radition to category 1 territories) is
amended as follows.
2 In section 11 (bars to extradition)—
(a) at the end of subsection (1) insert—
“(j) forum.”;
(b) after subsection (1) insert—
“(1A) But the judge is to decide whether the person’s extradition is
barred by reason of forum only  in a case where the Part 1
warrant contains the statement referred to in section 2(3)
(warrant issued for purposes of prosecution for offence in
category 1 territory).”;
(c) in subsection (2), for the words fr om “12” to “apply” substitute “12 to
19F apply”.
3 After section 19A insert—
“19B Forum
(1) The extradition of a person (“D”) to a category 1 territory is barred by
reason of forum if the extraditio n would not be in the interests of
justice.Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 1 — Forum321
(2) For the purposes of this section,  the extradition would not be in the
interests of justice if the judge—
(a) decides that a substantial me asure of D’s relevant activity
was performed in the United Kingdom; and
(b) decides, having regard to the sp ecified matters relating to the
interests of justice (and on ly those matters), that the
extradition should not take place.
(3) These are the specified matters re lating to the interests of justice—
(a) the place where most of the loss or harm resulting from the
extradition offence occurred or was intended to occur;
(b) the interests of any victims of the extradition offence;
(c) any belief of a prosecutor that the United Kingdom, or a
particular part of the Unit ed Kingdom, is not the most
appropriate jurisdiction in which to prosecute D in respect of
the conduct constituting the extradition offence;
(d) were D to be prosecuted in a part of the United Kingdom for
an offence that corresponds to the extradition offence,
whether evidence necessary to prove the offence is or could
be made available in the United Kingdom;
(e) any delay that might resu lt from proceeding in one
jurisdiction rather than another;
(f) the desirability and practicabili ty of all prosecutions relating
to the extradition offence taki ng place in one jurisdiction,
having regard (in particular) to—
(i) the jurisdictions in which witnesses, co-defendants
and other suspects are located, and
(ii) the practicability of the evidence of such persons
being given in the United Ki ngdom or in jurisdictions
outside the United Kingdom;
(g) D’s connections with  the United Kingdom.
(4) In deciding whether the extradition would not be in the interests of
justice, the judge must ha ve regard to the desirability of not requiring
the disclosure of material whic h is subject to restrictions on
disclosure in the catego ry 1 territory concerned.
(5) If, on an application by a prosecutor, it appears to the judge that the
prosecutor has considered the offences for which D could be
prosecuted in the United Kingdom, or a part of the United Kingdom,
in respect of the conduct constitu ting the extradition offence, the
judge must make that prosecutor a party to the proceedings on the
question of whether D’s extraditio n is barred by reason of forum.
(6) In this section “D’s relevant activity” means activity which is
material to the commission of th e extradition offence and which is
alleged to have been performed by D.
19C Effect of prosecutor’s certificates on forum proceedings
(1) The judge hearing proceedings  under section 19B (the “forum
proceedings”) must decide that the extradition is not barred by
reason of forum if (at a time when  the judge has not yet decided the
proceedings) the judge receives a pr osecutor’s certificate relating to
the extradition.Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 1 — Forum322
(2) That duty to decide the forum pr oceedings in that way is subject to
the determination of any question  relating to the prosecutor’s
certificate raised in acco rdance with section 19E.
(3) A designated prosecutor may a pply for the forum proceedings to be
adjourned for the purpose of assisting that or any other designated
prosecutor—
(a) in considering whether to give a prosecutor’s certificate
relating to the extradition,
(b) in giving such a certificate, or
(c) in sending such a certificate to the judge.
(4) If such an application is made, the judge must—
(a) adjourn the forum proceedings until the application is
decided; and
(b) continue the adjournment, for such period as appears to the
judge to be reasonable, if the application is granted.
(5) But the judge must end the adjournment if the application is not
granted.
19D Prosecutor’s certificates
(1) A “prosecutor’s certificate” is a certificate given by a designated
prosecutor which—
(a) certifies both matte r A and matter B, and
(b) certifies either ma tter C or matter D.
(2) Matter A is that a responsible pr osecutor has considered the offences
for which D could be prosecuted in the United Kingdom, or a part of
the United Kingdom, in respect of the conduct constituting the
extradition offence.
(3) Matter B is that the responsible pr osecutor has decided that there are
one or more such offences that co rrespond to the extradition offence
(the “corresponding offences”).
(4) Matter C is that—
(a) the responsible prosecutor has made a formal decision as to
the prosecution of D for the corresponding offences,
( b ) t h a t  d e c i s i o n  i s  t h a t  D  s h o u l d  n o t  b e  p r o s e c u t e d  f o r  t h e
corresponding offences, and
(c) the reason for that decision is a belief that—
(i) there would be insuffici ent admissible evidence for
the prosecution; or
(ii) the prosecution would not be in the public interest.
(5) Matter D is that the responsible prosecutor believes that D should
not be prosecuted for the corresponding offences because there are
concerns about the disclosure of sensitive material in—
(a) the prosecution of D for the corresponding offences, or
(b) any other proceedings.
(6) In relation to the extradition of any person to a category 1 territory,
neither this section nor any other rule of law (whether or not
contained in an enactment) may require a designated prosecutor—Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 1 — Forum323
(a) to consider any matter relevant to giving a prosecutor’s
certificate; or
(b) to consider whether to give  a prosecutor’s certificate.
(7) In this section “sensitive materi al” means material which appears to
the responsible prosecutor to be  sensitive, including material
appearing to be sensitive on grounds relating to—
(a) national security,
(b) international relations, or
(c) the prevention or detectio n of crime (including grounds
relating to the identification  or activities of witnesses,
informants or any other persons supplying information to the
police or any other law enforcement agency who may be in
danger if their identities are revealed).
19E Questioning of prosecutor’s certificate
(1) No decision of a designated pros ecutor relating to a prosecutor’s
certificate in respect of D’s extradition (a “relevant certification
decision”) may be questioned exce pt on an appeal under section 26
against an order for that extradition.
(2) In England and Wales, and Northe rn Ireland, for the purpose of—
(a) determining whether to give permission for a relevant
certification decision to be questioned, and
(b) determining any such question (if that permissi on is given),
the High Court must apply the pr ocedures and principles which
would be applied by it on an application for judicial review.
(3) In Scotland, for the purpose of determining any questioning of a
relevant certification decision, the High Court must apply the
procedures and princi p l e s  t h a t  w o u l d  b e  a p p l i e d  b y  i t  o n  a n
application for judicial review.
(4) In a case where the High Court quashes a prosecutor’s certificate, the
High Court is to decide the question of whether or not the extradition
is barred by reason of forum.
(5) Where the High Court is required to decide that question by virtue
of subsection (4)—
(a) sections 19B to 19D and this section apply in relation to that
decision (with the appropriate modifications) as they apply
to a decision by a judge; and
(b) in particular—
(i) a reference in this section to an appeal under section
26 has effect as a reference to an appeal under section
32 to the Supreme Court;
(ii) a reference in this section to the High Court has effect
as a reference to the Supreme Court.
19F Interpretation of sections 19B to 19E
(1) This section applies for the purposes of sections 19B to 19E (and this
section).
(2) These expressions have the meanings given—Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 1 — Forum324
“D” has the meaning given in section 19B(1);
“designated prosecutor” means—
(a) a member of the Crow n Prosecution Service, or
(b) any other person who—
(i) is a prosecutor design ated for the purposes of
this section by order made by the Secretary of
State, or
(ii) is within a description of prosecutors so
designated;
“extradition offence” means the offence specified in the Part 1
warrant (including the conduct that constitutes the
extradition offence);
“forum proceedings” has the meaning given in section 19C(1);
“part of the United Kingdom” means—
(a) England and Wales;
(b) Scotland;
(c) Northern Ireland;
“prosecutor” means a person who has responsibility for
prosecuting offences in any part of the United Kingdom
(whether or not the person also has other responsibilities);
“prosecutor’s certificate” has the meaning given in section
19D(1);
“responsible prosecutor”, in  relation to a prosecutor’s
certificate, means—
(a) the designated prosecutor  giving the certificate, or
(b) another designated prosecutor.
(3) In determining for any purpose whether an offence corresponds to
the extradition offence, regard must  be had, in particular, to the
nature and seriousness of the two offences.
(4) A reference to a formal decision as to the prosecution of D for an
offence is a reference to a decision (made after complying with, in
particular, any applicable requiremen t concerning a code of practice)
that D should, or should not, be prosecuted for the offence.”
Extradition to category 2 territories
4 Part 2 of the Extradition Act 2003 (ext radition to category 2 territories) is
amended as follows.
5 In section 79 (bars to extradition)—
(a) at the end of subsection (1) insert—
“(e) forum.”;
(b) after subsection (1) insert—
“(1A) But the judge is to decide whether the person’s extradition is
barred by reason of forum only in a case where the request for
extradition contains the statement referred to in section 70(4)
(warrant issued for purposes of prosecution for offence in
category 2 territory).”;
(c) in subsection (2), for “Sections 80 to 83” substitute “Sections 80 to
83E”.Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 1 — Forum325
6 After section 83 insert—
“83A Forum
(1) The extradition of a person (“D”) to a category 2 territory is barred by
reason of forum if the extraditio n would not be in the interests of
justice.
(2) For the purposes of this section,  the extradition would not be in the
interests of justice if the judge—
(a) decides that a substantial me asure of D’s relevant activity
was performed in the United Kingdom; and
(b) decides, having regard to the sp ecified matters relating to the
interests of justice (and on ly those matters), that the
extradition should not take place.
(3) These are the specified matters re lating to the interests of justice—
(a) the place where most of the loss or harm resulting from the
extradition offence occurred or was intended to occur;
(b) the interests of any victims of the extradition offence;
(c) any belief of a prosecutor that the United Kingdom, or a
particular part of the Unit ed Kingdom, is not the most
appropriate jurisdiction in which to prosecute D in respect of
the conduct constituting the extradition offence;
(d) were D to be prosecuted in a part of the United Kingdom for
an offence that corresponds to the extradition offence,
whether evidence necessary to prove the offence is or could
be made available in the United Kingdom;
(e) any delay that might resu lt from proceeding in one
jurisdiction rather than another;
(f) the desirability and practicabili ty of all prosecutions relating
to the extradition offence taki ng place in one jurisdiction,
having regard (in particular) to—
(i) the jurisdictions in which witnesses, co-defendants
and other suspects are located, and
(ii) the practicability of the evidence of such persons
being given in the United Ki ngdom or in jurisdictions
outside the United Kingdom;
(g) D’s connections with  the United Kingdom.
(4) In deciding whether the extradition would not be in the interests of
justice, the judge must ha ve regard to the desirability of not requiring
the disclosure of material whic h is subject to restrictions on
disclosure in the catego ry 2 territory concerned.
(5) If, on an application by a prosecutor, it appears to the judge that the
prosecutor has considered the offences for which D could be
prosecuted in the United Kingdom, or a part of the United Kingdom,
in respect of the conduct constitu ting the extradition offence, the
judge must make that prosecutor a party to the proceedings on the
question of whether D’s extraditio n is barred by reason of forum.
(6) In this section “D’s relevant activity” means activity which is
material to the commission of the extradition offence and is alleged
to have been performed by D.Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 1 — Forum326
83B Effect of prosecutor’s certificates on forum proceedings
(1) The judge hearing proceeding s under section 83A (the “forum
proceedings”) must decide that the extradition is not barred by
reason of forum if (at a time when  the judge has not yet decided the
proceedings) the judge receives a pr osecutor’s certificate relating to
the extradition.
(2) That duty to decide the forum pr oceedings in that way is subject to
the determination of any question  relating to the prosecutor’s
certificate raised in acco rdance with section 83D.
(3) A designated prosecutor may a pply for the forum proceedings to be
adjourned for the purpose of assisting that or any other designated
prosecutor—
(a) in considering whether to give a prosecutor’s certificate
relating to the extradition,
(b) in giving such a certificate, or
(c) in sending such a certificate to the judge.
(4) If such an application is made, the judge must—
(a) adjourn the forum proceedings until the application is
decided; and
(b) continue the adjournment, for such period as appears to the
judge to be reasonable, if the application is granted.
(5) But the judge must end the adjournment if the application is not
granted.
83C Prosecutor’s certificates
(1) A “prosecutor’s certificate” is a certificate given by a designated
prosecutor which—
(a) certifies both matte r A and matter B, and
(b) certifies either ma tter C or matter D.
(2) Matter A is that a responsible pr osecutor has considered the offences
for which D could be prosecuted in the United Kingdom, or a part of
the United Kingdom, in respect of the conduct constituting the
extradition offence.
(3) Matter B is that the responsible pr osecutor has decided that there are
one or more such offences that co rrespond to the extradition offence
(the “corresponding offences”).
(4) Matter C is that—
(a) the responsible prosecutor has made a formal decision as to
the prosecution of D for the corresponding offences,
( b ) t h a t  d e c i s i o n  i s  t h a t  D  s h o u l d  n o t  b e  p r o s e c u t e d  f o r  t h e
corresponding offences, and
(c) the reason for that decision is a belief that—
(i) there would be insuffici ent admissible evidence for
the prosecution; or
(ii) the prosecution would not be in the public interest.Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 1 — Forum327
(5) Matter D is that the responsible prosecutor believes that D should
not be prosecuted for the corresponding offences because there are
concerns about the disclosure of sensitive material in—
(a) the prosecution of D for the corresponding offences, or
(b) any other proceedings.
(6) In relation to the extradition of any person to a category 2 territory,
neither this section nor any other rule of law (whether or not
contained in an enactment) may require a designated prosecutor—
(a) to consider any matter relevant to giving a prosecutor’s
certificate; or
(b) to consider whether to give  a prosecutor’s certificate.
(7) In this section “sensitive materi al” means material which appears to
the responsible prosecutor to be  sensitive, including material
appearing to be sensitive on grounds relating to—
(a) national security,
(b) international relations, or
(c) the prevention or detectio n of crime (including grounds
relating to the identification  or activities of witnesses,
informants or any other persons supplying information to the
police or any other law enforcement agency who may be in
danger if their identities are revealed).
83D Questioning of prosecutor’s certificate
(1) No decision of a designated pros ecutor relating to a prosecutor’s
certificate in respect of D’s extradition (a “relevant certification
decision”) may be questioned exce pt on an appeal under section 103
or 108 against an order for that extradition.
(2) In England and Wales, and Northe rn Ireland, for the purpose of—
(a) determining whether to give permission for a relevant
certification decision to be questioned, and
(b) determining any such question (if that permissi on is given),
the High Court must apply the pr ocedures and principles which
would be applied by it on an application for judicial review.
(3) In Scotland, for the purpose of determining any questioning of a
relevant certification decision, the High Court must apply the
procedures and princi p l e s  t h a t  w o u l d  b e  a p p l i e d  b y  i t  o n  a n
application for judicial review.
(4) In a case where the High Court quashes a prosecutor’s certificate, the
High Court is to decide the question of whether or not the extradition
is barred by reason of forum.
(5) Where the High Court is required to decide that question by virtue
of subsection (4)—
(a) sections 83A to 83C and this section apply in relation to that
decision (with the appropriate modifications) as they apply
to a decision by a judge; and
(b) in particular—
(i) a reference in this section to an appeal under section
103 or 108 has effect as a reference to an appeal under
section 114 to the Supreme Court;Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 1 — Forum328
(ii) a reference in this section to the High Court has effect
as a reference to the Supreme Court.
83E Interpretation of sections 83A to 83D
(1) This section applies for the purposes of sections 83A to 83D (and this
section).
(2) These expressions have the meanings given—
“D” has the meaning given in section 83A(1);
“designated prosecutor” means—
(a) a member of the Crow n Prosecution Service, or
(b) any other person who—
(i) is a prosecutor design ated for the purposes of
this section by order made by the Secretary of
State, or
(ii) is within a description of prosecutors so
designated;
“extradition offence” means the offence specified in the request
for extradition (including the conduct that constitutes the
extradition offence);
“forum proceedings” has the meaning given in section 83B(1);
“part of the United Kingdom” means—
(a) England and Wales;
(b) Scotland;
(c) Northern Ireland;
“prosecutor” means a person who has responsibility for
prosecuting offences in any part of the United Kingdom
(whether or not the person also has other responsibilities);
“prosecutor’s certificate” has the meaning given in section
83C(1);
“responsible prosecutor”, in  relation to a prosecutor’s
certificate, means—
(a) the designated prosecutor  giving the certificate, or
(b) another designated prosecutor.
(3) In determining for any purpose whether an offence corresponds to
the extradition offence, regard must  be had, in particular, to the
nature and seriousness of the two offences.
(4) A reference to a formal decision as to the prosecution of D for an
offence is a reference to a decision (made after complying with, in
particular, any applicable requiremen t concerning a code of practice)
that D should, or should not, be prosecuted for the offence.”
Transitional provision, saving and repeals
7 (1) In a case where the Part 1 warrant, or  the request for the person’s extradition,
has been issued before the time when the amendments made by this Part of
this Schedule come into force, thos e amendments apply to the extradition
concerned only if, at that time, the judge has not yet decided all of the
existing extradition bar questions.
(2) For that purpose—Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 1 — Forum329
“existing extradition bar questions” means—
(a) the questions in section 11(1) of the Extradition Act 2003 (in
the case of a Part 1 warrant), or
(b) the questions in section 79(1) of that Act (in the case of a
request for the person’s extradition),
as those questions stand before thei r amendment by this Part of this
Schedule;
“Part 1 warrant” and “request for a person’s extradition” have the same
meanings as in the Extradition Act 2003.
8 The powers conferred by section 177, 178 and 222 of the Extradition Act 2003
are exercisable in relation to any amen dment of that Act made by this Part
of this Schedule.
9 In the Police and Justice Act 2006, in S c h e d u l e  1 3  ( e x t r a d i t i o n ) ,  i n  P a r t  1
(amendments to the Extradition Act 2003), omit paragraphs 4 to 6 (and the
italic heading preceding paragraph 4).
PART 2
HUMAN  RIGHTS  ISSUES
Extradition to category 2 territories
10 Part 2 of the Extradition Act 2003 (ext radition to category 2 territories) is
amended as follows.
11 In section 70 (extradition request and ce rtificate), after subsection (9) insert—
“(10) Subsection (11) applies at all times after the Secretary of State issues
a certificate under this section.
(11) The Secretary of State is not to consider whether the extradition
would be compatible with the Conv ention rights wi thin the meaning
of the Human Rights Act 1998.”.
12 In section 108 (appeal against extradit ion order) after subsection (4) insert—
“(5) But notice of an appeal under th is section may be given after the end
of the permitted period if it is an appeal on human rights grounds.
(6) Notice of any such appeal must be given in accordance with rules of
court at a time before the person is extradited to the category 2
territory in accordan ce with section 117.
(7) Where notice of an appeal is given in accordance with subsections (5)
and (6), the High Court is to consid er the appeal only if it appears to
the High Court that—
(a) the appeal is necessary to avoid real injustice, and
(b) the circumstances are exceptional and make it appropriate to
consider the appeal.
(8) In this section “appeal on human rights grounds” means an appeal
against the order for the person’s  extradition on the grounds (and
only on the grounds) that the ex tradition would not be compatible
with the Convention ri ghts within the meaning  of the Human Rights
Act 1998.”Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 2 — Human rights issues330
13 In section 117 (extradition where no appeal), after subsection (4) insert—
“(5) If a person brings an appeal under section 108 by virtue of subsection
(5) of that section, this section ceases to apply (but section 118 applies
instead).”
Transitional provision and saving
14 (1) In a case where a request for a pers on’s extradition has been issued before
the time when the amendments made by this Part of this Schedule come into
force, those amendments apply to the extradition concerned only if—
(a) the person concerned has not made any human rights
representations to the Secretary of State during the relevant period,
or
(b) the person concerned has made such representations during that
period and the Secretary of State has finished considering them by
the end of that period.
(2) For that purpose—
“human rights representations” means representations that the
extradition would not be compatible with the Convention rights
within the meaning of th e Human Rights Act 1998;
“relevant period” mean s the period that—
(a) begins when the Secretary of State issues a certificate under
section 70 of the Extradition Act 2003 in relation to the
extradition, and
(b) ends when the amendments made by this Part of this
Schedule come into force;
“request for a person’s extradition” has the same meaning as in the
Extradition Act 2003.
15 The powers conferred by section 177, 178 and 222 of the Extradition Act 2003
are exercisable in relation to any amen dment of that Act made by this Part
of this Schedule.
PART 3
DEVOLUTION  ISSUES  IN SCOTLAND
Extradition to category 1 territories
16 Part 1 of the Extradition Act 2003 (ext radition to category 1 territories) is
amended as follows.
17 (1) In section 30 (detention pending conc lusion of appeal under section 28), for
subsection (5) substitute—
“(5) The preceding provisions of this section do not apply to Scotland.”.
(2) After section 30 insert—
“30A Detention pending conclusion of appeal under section 28: Scotland
(1) This section applies if immediately after the judge orders the
person’s discharge the judge is informed by the authority which
issued the Part 1 warrant (“the issu ing authority”) that it intends to
appeal under section 28 (“the High Court appeal”).Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 3 — Devolution issues in Scotland331
(2) The judge must remand the person in custody or on bail while the
High Court appeal is pending.
(3) The High Court appeal ceases to be pending at the earliest of these
times—
(a) when the proceedings on the appeal are abandoned;
(b) when the High Court—
(i) allows the appeal, or
(ii) dismisses the appeal.
(4) If—
(a) the High Court appeal is dismissed, and
(b) immediately after dismissing it , the High Court is informed
by the issuing authority that it intends to bring an appeal to
the Supreme Court against a determination of a relevant
devolution issue (“the Supreme Court appeal”),
the High Court must remand the pe rson in custody or on bail while
the Supreme Court appeal is pending.
(5) The Supreme Court appeal ceases to be pending at the earliest of
these times—
(a) the end of the period of 28 days starting with the day when
the High Court appeal is di smissed (unless, within that
period, an application is made to the High Court for
permission to make th e Supreme Court appeal);
(b) the end of the period of 28 days starting with the day when
the High Court refuses permis sion to make the Supreme
Court appeal (unless, within that period, an application is
made to the Supreme Court for permission to make the
Supreme Court appeal);
(c) the end of the period of 28  days starting with the day on
which permission is given to bring the Supreme Court appeal
(unless the appeal is brou ght within that period);
(d) the time when the proceedings on the Supreme Court appeal
are abandoned;
(e) the time when there is no further step that can be taken in
relation to the Supreme Court appeal by the issuing authority
(ignoring any power of a court to grant leave to take a step
out of time).
(6) If the person is remanded in custody by the judge or the High Court,
the High Court may later grant bail.
(7) In this section “relevant devoluti on issue” means a devolution issue
relating to the person’s extradition.
(8) This section applies only to Scotland.”
18 After section 33 insert—
“33ZA Scottish devolution issue: remand in custody or on bail
(1) This section applies where, on an appeal to the Supreme Court
against a determination of a devolu tion issue relating to a person’s
extradition under this Part, the Supreme Court—
(a) remits the case to the High Court, orCrime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 3 — Devolution issues in Scotland332
(b) orders the person’s extradition.
(2) The Supreme Court must remand the person in custody or on bail
pending the person’s extradition.
(3) If the Supreme Court remands the person in custody it may later
grant bail.”
19 After section 33A insert—
“33B Detention pending conclusion of appeals relating to devolution issues
(1) This section applies if immediately after the High Court orders the
person’s discharge the court is informed by the authority which
issued the Part 1 warrant (“the issu ing authority”) that it intends to
bring an appeal to the Supreme Court against a determination of a
relevant devolution issue (“ the Supreme Court appeal”).
(2) The High Court must remand the person in custody or on bail while
the Supreme Court appeal is pending.
(3) If the court remands the person in custody it may later grant bail.
(4) The Supreme Court appeal ceases to be pending at the earliest of
these times—
(a) the end of the period of 28 days starting with the day when
the High Court orders the pers on’s discharge (unless, within
that period, an application is  made to the High Court for
permission to make th e Supreme Court appeal);
(b) the end of the period of 28 days starting with the day when
the High Court refuses permis sion to make the Supreme
Court appeal (unless, within that period, an application is
made to the Supreme Court for permission to make the
Supreme Court appeal);
(c) the end of the period of 28  days starting with the day on
which permission is given to bring the Supreme Court appeal
(unless the appeal is brou ght within that period);
(d) the time when the proceedings on the Supreme Court appeal
are abandoned;
(e) the time when there is no further step that can be taken in
relation to the Supreme Court appeal by the issuing authority
(ignoring any power of a court to  grant permission to take a
step out of time).
(5) In this section “relevant devoluti on issue” means a devolution issue
relating to the person’s extradition.
(6) This section applies only to Scotland.”
20 In section 34 (appeals: general), at the beginning insert “(1)” and at the end
insert—
“(2) Subsection (1) does not prevent an appeal against a determination of
a devolution issue.
(3) In this Part “devolution issue” has the same meaning as in Schedule
6 to the Scotland Act 1998.”Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 3 — Devolution issues in Scotland333
21 (1) In section 36 (extraditi on following appeal), for subsection (9) substitute—
“(9) The preceding provisions of this  section do not apply to Scotland.”
(2) After that section insert—
“36A Extradition following appeal: Scotland
(1) This section applies if—
(a) there is an appeal to the High Court under section 26 against
an order for a person’s extradit ion to a category 1 territory,
and
(b) the effect of the decision in  the relevant proceedings is that
the person must be extradited to the category 1 territory.
(2) The “relevant proceedings” are—
(a) the proceedings on the appeal under section 26 if—
(i) no Supreme Court devolu tion appeal is made, or
(ii) a Supreme Court devolution  appeal is made and the
Supreme Court remits the ca se to the High Court, or
(b) the proceedings on a Suprem e Court devolution appeal if
s u c h  a n  a p p e a l  i s  m a d e  a n d the Supreme Court does not
remit the case to the High Court.
(3) The person must be extradited to  the category 1 territory before the
end of the required period, whic h is 28 days starting with—
(a) the day on which the decisi on in the relevant proceedings
becomes final, or
(b) the day on which the relevant proceedings are abandoned.
(4) In a case where the relevant proceedings are proceedings on the
appeal under section 26 (except wh ere the case has been remitted to
the High Court on a Supreme Court devolution appeal ), the decision
in those proceedings becomes final—
(a) at the end of the period of 28 days starting with the day of the
decision (unless, within that pe riod, an application is made to
the High Court for permission  to make a Supreme Court
devolution appeal);
(b) at the end of the period of 28  days starting with the day when
the High Court refuses permission to make a Supreme Court
devolution appeal (unless, within that period, an application
is made to the Supreme Court for permission to make that
appeal);
(c) when the Supreme Court refuses permission to make a
Supreme Court devolution appeal;
(d) at the end of the permitted pe riod, which is 28 days starting
with the day on which permissi on to make a Supreme Court
d e v o l u t i o n  a p p e a l  i s  g r a n t e d ,  i f  n o  s u c h  a p p e a l  i s  b r o u g h t
before the end of that period.
(5) These must be ignored for th e purposes of subsection (4)—
(a) any power of a court to extend the period permitted for
applying for permission to appeal;
(b) any power of a court to grant permission to take a step out of
time.Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 3 — Devolution issues in Scotland334
(6) In a case where—
(a) the relevant proceedings are proceedings on the appeal
under section 26, and
(b) the case has been remitted to the High Court on a Supreme
Court devolution appeal,
the decision in those proceedings becomes final when it is made.
(7) In a case where—
(a) the relevant proceedings are proceedings on a Supreme
Court devolution appeal, and
(b) the decision is not to re mit the case to the High Court,
the decision in those proceedings becomes final when it is made.
(8) If subsection (3) is not complied with and the person applies to the
appropriate judge to be discha rged, the judge must order the
person’s discharge, unless reaso nable cause is shown for the delay.
(9) In this section “Supreme Court devolution appeal” means an appeal
to the Supreme Court against a dete rmination of a devolution issue
relating to a person’s extradition.
(10) This section applies only to Scotland.”
Extradition to category 2 territories
22 Part 2 of the Extradition Act 2003 (ext radition to category 2 territories) is
amended as follows.
23 (1) In section 107 (detention pending co nclusion of appeal under section 105),
for subsection (5) substitute—
“(5) The preceding provisions of this  section do not apply to Scotland.”
(2) After section 107 insert—
“107A Detention pending conclusion of appeal under section 105: Scotland
(1) This section applies if immediately after the judge orders the
person’s discharge the judge is info rmed on behalf of the category 2
territory of an intention to appeal under section 105 (“the High Court
appeal”).
(2) The judge must remand the person in custody or on bail while the
High Court appeal is pending.
(3) The High Court appeal ceases to be pending at the earliest of these
times—
(a) when the proceedings on the appeal are abandoned;
(b) when the High Court—
(i) allows the appeal,
(ii) makes a direction unde r section 106(1)(b), or
(iii) dismisses the appeal.
(4) If—
(a) the High Court appeal is dismissed, and
(b) immediately after dismissing it , the High Court is informed
of an intention to bring an appeal to the Supreme CourtCrime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 3 — Devolution issues in Scotland335
against a determination of a re levant devolution issue (“the
Supreme Court appeal”),
the High Court must remand the pe rson in custody or on bail while
the Supreme Court appeal is pending.
(5) The Supreme Court appeal ceases to be pending at the earliest of
these times—
(a) the end of the period of 28 days starting with the day when
the High Court appeal is di smissed (unless, within that
period, an application is made to the High Court for
permission to make th e Supreme Court appeal);
(b) the end of the period of 28 days starting with the day when
the High Court refuses permis sion to make the Supreme
Court appeal (unless, within that period, an application is
made to the Supreme Court for permission to make the
Supreme Court appeal);
(c) the end of the period of 28  days starting with the day on
which permission is given to bring the Supreme Court appeal
(unless the appeal is brou ght within that period);
(d) the time when the proceedings on the Supreme Court appeal
are abandoned;
(e) the time when there is no further step that can be taken in
relation to the Supreme Court appeal by the category 2
territory (ignoring any power of a court to grant leave to take
a step out of time).
(6) If the person is remanded in custody by the judge or the High Court,
the appropriate judge may later grant bail.
(7) In this section “relevant devoluti on issue” means a devolution issue
relating to the person’s extradition.
(8) This section applies only to Scotland.”
24 (1) In section 112 (detention pending co nclusion of appeal under section 110),
for subsection (5) substitute—
“(5) The preceding provisions of this  section do not apply to Scotland.”
(2) After section 112 insert—
“112A Detention pending conclusion of appeal under section 110: Scotland
(1) This section applies in a case where the Scottish Ministers order the
person’s discharge under this Part.
(2) Subject to subsection (6)—
(a) the order made by the appropriate judge under section 92(4)
(“the remand order”) remains in  force until the end of the
period of three days beginnin g with the day on which the
person’s discharge is ordered;
(b) if within that period the Sc ottish Ministers are informed in
writing on behalf of the category 2 territory of an intention to
appeal under section 110 (“the High Court appeal”), the
remand order remains in force while the appeal is pending.Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 3 — Devolution issues in Scotland336
(3) The High Court appeal ceases to be pending at the earliest of these
times—
(a) when the proceedings on the appeal are abandoned;
(b) when the High Court—
(i) allows the appeal, or
(ii) dismisses the appeal.
(4) If—
(a) the High Court appeal is dismissed,
(b) immediately after dismissing it , the High Court is informed
of an intention to bring an appeal to the Supreme Court
against a determination of a re levant devolution issue (“the
Supreme Court appeal”), and
(c) the remand order has remain ed in force until that time,
then, subject to subsection (6), th e remand order continues to remain
in force while the Supreme Court appeal is pending.
(5) The Supreme Court appeal ceases to be pending at the earliest of
these times—
(a) the end of the period of 28 days starting with the day when
the High Court appeal is di smissed (unless, within that
period, an application is made to the High Court for
permission to make th e Supreme Court appeal);
(b) the end of the period of 28 days starting with the day when
the High Court refuses permis sion to make the Supreme
Court appeal (unless, within that period, an application is
made to the Supreme Court for permission to make the
Supreme Court appeal);
(c) the end of the period of 28  days starting with the day on
which permission is given to bring the Supreme Court appeal
(unless the appeal is brou ght within that period);
(d) the time when the proceedings on the Supreme Court appeal
are abandoned;
(e) the time when there is no further step that can be taken in
relation to the Supreme Court appeal by the category 2
territory (ignoring any power of a court to grant leave to take
a step out of time).
(6) If the person is remanded in custody under section 92(4), the
appropriate judge may later grant bail.
(7) In this section “relevant devoluti on issue” means a devolution issue
relating to the person’s extradition.
(8) This section applies only to Scotland.”
25 After section 115A insert—
“115B Detention pending conclusion of appeals relating to devolution 
issues
(1) This section applies if—
(a) on an appeal under section 103 or 108 the High Court orders
the person’s  discharge;Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 3 — Devolution issues in Scotland337
(b) immediately after ordering the person’s discharge, the High
Court is informed of an intention to bring an appeal to the
Supreme Court against a determination of a relevant
devolution issue (“the Supreme Court appeal”).
(2) The High Court must remand the person in custody or on bail while
the Supreme Court appeal is pending.
(3) If the court remands the person in custody it may later grant bail.
(4) The Supreme Court appeal ceases to be pending at the earliest of
these times—
(a) the end of the period of 28 days starting with the day when
the High Court orders the pers on’s discharge (unless, within
that period, an application is  made to the High Court for
permission to make th e Supreme Court appeal);
(b) the end of the period of 28 days starting with the day when
the High Court refuses permis sion to make the Supreme
Court appeal (unless, within that period, an application is
made to the Supreme Court for permission to make the
Supreme Court appeal);
(c) the end of the period of 28  days starting with the day on
which permission is given to bring the Supreme Court appeal
(unless the appeal is brou ght within that period);
(d) the time when the proceedings on the Supreme Court appeal
are abandoned;
(e) the time when there is no further step that can be taken in
relation to the Supreme Court appeal (ignoring any power of
a court to grant leave to take a step out of time).
(5) In this section “relevant devoluti on issue” means a devolution issue
relating to the person’s extradition.
(6) This section applies only to Scotland.”
26 In section 116 (appeals: general), at the beginning insert “(1)” and at the end
insert—
“(2) Subsection (1) does not prevent an appeal against a determination of
a devolution issue.
(3) In this Part “devolution issue” has the same meaning as in Schedule
6 to the Scotland Act 1998.”
27 (1) In section 118 (extradition following appeal), for subsecti on (8) substitute—
“(8) The preceding provisions of this  section do not apply to Scotland.”
(2) After that section insert—
“118A Extradition following appeal: Scotland
(1) This section applies if—
(a) there is an appeal to the High Court under section 103, 108 or
110 against a decision or order relating to a person’s
extradition to a category 2 territory, and
(b) the effect of the decision in  the relevant proceedings is that
the person must be extradited to the category 2 territory.Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 3 — Devolution issues in Scotland338
(2) The “relevant proceedings” are—
(a) the proceedings on the appeal under section 103, 108 or 110
if—
(i) no Supreme Court devolu tion appeal is made, or
(ii) a Supreme Court devolution  appeal is made and the
Supreme Court remits the ca se to the High Court, or
(b) the proceedings on a Suprem e Court devolution appeal if
s u c h  a n  a p p e a l  i s  m a d e  a n d the Supreme Court does not
remit the case to the High Court.
(3) The person must be extradited to  the category 2 territory before the
end of the required period, whic h is 28 days starting with—
(a) the day on which the decisi on in the relevant proceedings
becomes final, or
(b) the day on which the relevant proceedings are abandoned.
(4) In a case where the relevant proceedings are proceedings on the
appeal under section 103, 108 or 110 (except the case has been
remitted to the High Court on a Supreme Court devolution appeal),
the decision in those proceedings becomes final—
(a) at the end of the period of 28 days starting with the day of the
High Court’s decision on the appeal (unless, within that
period, an application is made to the High Court for
permission to make  a Supreme Court de volution appeal);
(b) at the end of the period of 28  days starting with the day when
the High Court refuses permission to make a Supreme Court
devolution appeal (unless, within that period, an application
is made to the Supreme Court for permission to make the
appeal);
(c) when the Supreme Court refuses permission to make a
Supreme Court devolution appeal;
(d) at the end of the permitted pe riod, which is 28 days starting
with the day on which permissi on to make a Supreme Court
d e v o l u t i o n  a p p e a l  i s  g r a n t e d ,  i f  n o  s u c h  a p p e a l  i s  b r o u g h t
before the end of that period.
(5) These must be ignored for th e purposes of subsection (4)—
(a) any power of a court to extend the period permitted for
applying for permission to appeal;
(b) any power of a court to grant permission to take a step out of
time.
(6) In a case where—
(a) the relevant proceedings are proceedings on the appeal
under section 103, 108 or 110, and
(b) the case has been remitted to the High Court on a Supreme
Court devolution appeal,
the decision in those proceedings becomes final when it is made.
(7) In a case where—
(a) the relevant proceedings are proceedings on a Supreme
Court devolution appeal, and
(b) the decision is not to re mit the case to the High Court,
the decision in those proceedings becomes final when it is made.Crime and Courts Act 2013 (c. 22)
Schedule 20 — Extradition
Part 3 — Devolution issues in Scotland339
(8) If subsection (3) is not complied with and the person applies to the
appropriate judge to be discha rged, the judge must order the
person’s discharge, unless reaso nable cause is shown for the delay.
(9) In this section “Supreme Court devolution appeal” means an appeal
to the Supreme Court against a dete rmination of a devolution issue
relating to a person’s extradition.
(10) This section applies only to Scotland.”
28 After section 118A (inserte d by paragraph 27) insert—
“118B Scottish devolution issue: remand in custody or on bail
(1) This section applies where, on an appeal to the Supreme Court
against a determination of a devolu tion issue relating to a person’s
extradition under this Part, the Supreme Court—
(a) remits the case to the High Court, or
(b) orders the person’s extradition.
(2) The Supreme Court must remand the person in custody or on bail
pending the person’s extradition.
(3) If the Supreme Court remands the person in custody, the High Court
may later grant bail.”
Saving
29 The powers conferred by section 177, 178 and 222 of the Extradition Act 2003
are exercisable in relation to any amen dment of that Act made by this Part
of this Schedule.
SCHEDULE 21 Section 55
POWERS  OF IMMIGRATION  OFFICERS : FURTHER  PROVISION
PART 1
GENERAL
Police Act 1997
1 The Police Act 1997 is amended as follows.
2 (1) Section 93 (authorisations to interf ere with property etc) is amended in
accordance with this paragraph.
(2) In subsection (1B), after “Customs” insert “, an immigration officer”.
(3) In subsection (3)—
(a) in paragraph (d), omit the final “or”;
(b) after paragraph (d) insert—
“(da) if the authorisin g officer is within subsection (5)(ha),
by an immigration officer;”.
(4) In subsection (4)—Crime and Courts Act 2013 (c. 22)
Schedule 21 — Powers of immigrati on officers: further provision
Part 1 — General340
(a) in the words after paragraph (b), for “it” substitute “the conduct”;
(b) after “1979” insert  “or, where the author ising officer is within
subsection (5)(ha), any of the offences is an immigration or
nationality offence”.
(5) In subsection (5)(h), omit “or”.
(6) After subsecti on (6B), insert—
“ ( 6 C ) F o r  t h e  p u r p o s e s  o f  t h i s  s e c t i o n ,  a n  o f f e n c e  i s  a n  i m m i g r a t i o n  o r
nationality offence if conduc t constituting the offence—
(a) relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or
(b) is undertaken for the purposes of, or otherwise in relation to,
any of these enactments—
(i) the British Nationality Act 1981;
(ii) the Hong Kong Act 1985;
(iii) the Hong Kong (War Wives and Widows) Act 1996;
(iv) the British Nationalit y (Hong Kong) Act 1997;
(v) the British Overseas Territories Act 2002;
(vi) an instrument made un der any of those Acts.”.
3 In section 94 (authorisations given in absence of authorising officer), in
subsection (2), afte r paragraph (f) insert—
“(fa) where the authorising officer is within paragraph (ha) of that
subsection, by a senior offici al (within the meaning of the
Regulation of Investigatory Powers Act 2000) in the
department of the Secretary of State by whom functions
relating to immigration are ex ercisable who is designated by
the Secretary of State for the purposes of this section;”.
4 In section 107 (supplemen tary provisions relating  to Commissioners), in
subsection (4), after paragraph (c) insert—
“(d) the functions of the Secr etary of State relating to
immigration.”.
Regulation of Investigatory Powers Act 2000
5 The Regulation of Investigatory Powers Act 2000 is amended as follows.
6 In section 32(6) (authorisa tion of intrusive surveilla nce: senior authorising
officers), in paragraph (m), omit the final “and”.
7 (1) Section 33 (rules for grant of authorisations) is amended in accordance with
this paragraph.
(2) After subsection (4) insert—
“(4ZA) A senior official who is a senior  authorising officer by virtue of a
designation by the Secretary of State under section 32(6)(ma) shall
not grant an authorisation for the carrying out of intrusive
surveillance except on  an application made by an immigration
officer.”.
(3) In subsection (5)(a), after “Customs ” insert “, an immigration officer”.Crime and Courts Act 2013 (c. 22)
Schedule 21 — Powers of immigration officers: further provision
Part 1 — General341
8 (1) Section 34 (grant of authorisations in the senior officer’s absence) is
amended in accordance with this paragraph.
(2) In subsection (1)(a), after “Customs ” insert “or an immigration officer”.
(3) In subsection (2)(a), after “Customs ” insert “or the Secretary of State”.
(4) In subsection (4), af ter paragraph (l) insert—
“(la) a person is entitled to act for a person who is a senior
authorising officer by virtue of a designation under section
32(6)(ma), if the person is a se nior official in the department
of the Secretary of State by whom functions relating to
immigration are exercisable who is designated for the
purposes of this paragraph by  the Secretary of State as a
person entitled so to act in an urgent case;”.
9 (1) Section 35 (notification of author isations for intrusive surveillance) is
amended in accordance with this paragraph.
(2) In subsection (1), after “Customs” insert “, immigration”.
(3) In subsection (10)—
(a) in the words before paragraphs (a ) to (c), after “Customs” insert “,
immigration”;
(b) in paragraph (b), for “by the Commissioners for Her Majesty’s
Revenue and Customs” substitute “under section 32(6)(m) or (ma)”.
10 (1) Section 36 (approval required for au thorisations to take effect) is amended
in accordance with this paragraph.
(2) In subsection (1)—
(a) in paragraph (d) omit “or”;
(b) after paragraph (d) insert—
“(da) an immigration officer; or”.
(3) In subsection (6)—
(a) in paragraph (g) om it the final “and”;
(b) after paragraph (g) insert—
“(ga) where the authorisation was granted by a senior
official designated under se ction 32(6)(ma) or entitled
to act for such an official  under section 34(4)(la), the
senior official designated under section 32(6)(ma);
and”.
11 In section 37 (quashing of authorisations), in subsection (1)—
(a) in paragraph (d) omit “or”;
(b) after paragraph (d) insert—
“(da) an immigration officer; or”.
12 In section 40 (information to be pr ovided to Surveillance Commissioners), in
subsection (1)—
(a) in paragraph (d) om it the final “and”;
(b) after paragraph (d) insert—
“(da) every immigration officer and every other official in
the department of the Secretary of State by whomCrime and Courts Act 2013 (c. 22)
Schedule 21 — Powers of immigrati on officers: further provision
Part 1 — General342
functions relating to immigration are exercisable,
and”.
13 In section 46 (restrictions on authorisations extending to Scotland), in
subsection (3)—
(a) in paragraph (e) omit the final “and”;
(b) after paragraph (e) insert—
“(ea) the department of the Secretary of State by whom
functions relating to immigration are exercisable;
and”.
Proceeds of Crime Act 2002
14 The Proceeds of Crime Act 2002 is amended as follows.
15 In section 41A (restraint orders: powe r to retain seized property etc), in
subsection (3), after paragraph (c) insert—
“(ca) an immigration officer;”.
16 (1) Section 47C (power to seize proper ty) is amended in accordance with this
paragraph.
(2) Subsection (6) is amended as follows—
(a) after paragraph (a) insert—
“(aa) where applicable, in accordance with subsection (6A)
or (6B).”;
(b) for “(b) is exercisable” substitute—
“(6A) The power conferred by this section is exercisable”.
(3) After subsecti on (6A) insert—
“(6B) The power conferred by this section is exercisable by an immigration
officer only if the offi cer has reasonable grounds for suspecting that
conduct constituting the relevant offence—
(a) relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or
(b) is undertaken for the purposes of, or otherwise in relation to,
a relevant nationality enactment.”.
(4) After subsection (7) insert—
“(8) “Relevant nationality enactment” means any enactment in—
(a) the British Nationality Act 1981,
(b) the Hong Kong Act 1985,
(c) the Hong Kong (War Wives and Widows) Act 1996,
(d) the British Nationalit y (Hong Kong) Act 1997,
(e) the British Overseas Territories Act 2002, or
(f) an instrument made under any of those Acts.”.
17 In section 47G (“appropriate approval”), in subsection (3), after paragraph
(a) insert—
“(aa) in relation to the exercise  o f  a  p o w e r  b y  a n  i m m i g r a t i o n
officer, an immigration officer of a rank designated by theCrime and Courts Act 2013 (c. 22)
Schedule 21 — Powers of immigration officers: further provision
Part 1 — General343
Secretary of State as  equivalent to that of a senior police
officer,”.
18 In section 47M (further de tention in other cases), in  subsection (3), after
paragraph (a) insert—
“(aa) an immigration officer;”.
19 In section 72 (serious default), in su bsection (9), after paragraph (e) insert—
“(ea) if the person in default wa s an immigration officer, the
compensation is payable by the Secretary of State;”.
20 In section 120A (restraint orders: po wer to retain seized property etc), in
subsection (3), after paragraph (b) insert—
“(ba) an immigration officer;”.
21 (1) Section 127C (power to seize proper ty) is amended in accordance with this
paragraph.
(2) Subsection (6) is amended as follows—
(a) after paragraph (a) insert—
“(aa) where applicable, in accordance with subsection (6A)
or (6B).”;
(b) for “(b) is exercisable” substitute—
“(6A) The power conferred by this section is exercisable”.
(3) After subsecti on (6A) insert—
“(6B) The power conferred by this section is exercisable by an immigration
officer only if the offi cer has reasonable grounds for suspecting that
conduct constituting the relevant offence—
(a) relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or
(b) is undertaken for the purposes of, or otherwise in relation to,
a relevant nationality enactment.”.
(4) After subsection (7) insert—
“(8) “Relevant nationality enactment” means any enactment in—
(a) the British Nationality Act 1981,
(b) the Hong Kong Act 1985,
(c) the Hong Kong (War Wives and Widows) Act 1996,
(d) the British Nationalit y (Hong Kong) Act 1997,
(e) the British Overseas Territories Act 2002, or
(f) an instrument made under any of those Acts.”.
22 In section 127G (“appropriate approval”), in subsection (3), after paragraph
(a) insert—
“(aa) in relation to the exercise  o f  a  p o w e r  b y  a n  i m m i g r a t i o n
officer, an immigration officer of a rank designated by the
Secretary of State as  equivalent to that of a senior police
officer,”.
23 In section 127M (further detention in other cases: Scotland), in subsection (3),Crime and Courts Act 2013 (c. 22)
Schedule 21 — Powers of immigrati on officers: further provision
Part 1 — General344
after paragraph (a) insert—
“(aa) an immigration officer;”.
24 In section 190A (restraint orders: power to retain seized property), in
subsection (3), after paragraph (c) insert—
“(ca) an immigration officer;”.
25 (1) Section 195C (power to seize proper ty) is amended in accordance with this
paragraph.
(2) Subsection (6) is amended as follows—
(a) after paragraph (a) insert—
“(aa) where applicable, in accordance with subsection (6A)
or (6B).”;
(b) for “(b) is exercisable” substitute—
“(6A) The power conferred by this section is exercisable”.
(3) After subsecti on (6A) insert—
“(6B) The power conferred by this section is exercisable by an immigration
officer only if the offi cer has reasonable grounds for suspecting that
conduct constituting the relevant offence—
(a) relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or
(b) is undertaken for the purposes of, or otherwise in relation to,
a relevant nationality enactment.”.
(4) After subsection (7) insert—
“(8) “Relevant nationality enactment” means any enactment in—
(a) the British Nationality Act 1981,
(b) the Hong Kong Act 1985,
(c) the Hong Kong (War Wives and Widows) Act 1996,
(d) the British Nationalit y (Hong Kong) Act 1997,
(e) the British Overseas Territories Act 2002, or
(f) an instrument made under any of those Acts.”.
26 In section 195G (“appropriate approval”), in subsection (3), after paragraph
(a) insert—
“(aa) in relation to the exercise  o f  a  p o w e r  b y  a n  i m m i g r a t i o n
officer, an immigration officer of a rank designated by the
Secretary of State as  equivalent to that of a senior police
officer,”.
27 In section 195M (further detention in  other cases: Northern Ireland), in
subsection (3), after paragraph (a) insert—
“(aa) an immigration officer;”.
28 In section 297A (forfeiture notice), in subsection (6), after paragraph (a)
insert—
“(aa) an immigration officer of a rank designated by the Secretary
of State as equivalent to that of a senior police officer,”.Crime and Courts Act 2013 (c. 22)
Schedule 21 — Powers of immigration officers: further provision
Part 1 — General345
29 In section 297F (release of cash subject to forfeiture notice), in subsection (4),
after “Customs,” insert “immigration officer,”.
30 In section 351 (supplementary prov ision about production orders), in
subsection (5)—
(a) after “customs officer” (in the fi rst place) insert “or an immigration
officer”;
(b) after “customs officer” (in the se cond place) insert “or immigration
officer”.
31 In section 352 (search and seizure warrants), in subsection (5)—
(a) in paragraph (a), after “a customs officer” insert “or an immigration
officer”;
(b) in paragraph (c), after “Customs” insert “or an immigration officer”.
32 In section 353 (requirements where production order not available), in
subsection (10)—
(a) in paragraph (a)—
(i) for “investigator or” su bstitute “investigator,”;
(ii) after “customs officer” inse rt “or an immigration officer”;
(b) in paragraph (c)—
(i) for “investigator or” su bstitute “investigator,”;
(ii) after “Customs” insert “or an immigration officer”.
33 In section 356 (further provisions: ci vil recovery and de tained cash), in
subsection (11)(b), after “Customs” insert “or an immigration officer”.
34 In section 357 (disclosure orders), in subsection (8)—
(a) in paragraph (c), omit the final “and”;
(b) at the end of paragraph (d), insert “; and—
(e) in relation to a confiscation investigation carried out
by an immigration officer, the Director of Public
Prosecutions, the Director of Public Prosecutions for
Northern Ireland or any specified person.”.
35 (1) Section 369 (supplemen tary provision about custom er information orders) is
amended in accordance with this paragraph.
(2) In subsection (5)—
(a) after “customs officer” (in the fi rst place) insert “or an immigration
officer”;
(b) after “customs officer” (in the se cond place) insert “or immigration
officer”.
(3) In subsection (7), after “customs offi cer” insert “or an immigration officer”.
36 In section 375 (supplementary provision about account monitoring orders),
in subsection (4)—
(a) after “customs officer” (in the fi rst place) insert “or an immigration
officer”;
(b) after “customs officer” (in the se cond place) insert “or immigration
officer”.
37 (1) Section 377 (code of practice of Secretary of State etc) is amended in
accordance with this paragraph.Crime and Courts Act 2013 (c. 22)
Schedule 21 — Powers of immigrati on officers: further provision
Part 1 — General346
(2) In subsection (1), after paragraph (e) insert—
“(f) immigration officers.”.
(3) In subsection (5), fo r “(e)” substitute “(f)”.
38 In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the
provision which relates to references to a “constab le”, after “customs and
excise officer” insert “and to an immigration officer”.
UK Borders Act 2007
39 In section 24 of the UK Borders Act 2007 (seizure of cash by immigration
officers under Proceeds of Crime Act 20 02), in subsection (2)(c), for “of the
rank of at least Assistant Director” su bstitute “at or above the grade which is
designated by the Secretary of State as being equivalent to the rank of police
inspector”.
Saving of provisions of Borders, Citizenship and Immigration Act 2009
40 The amendments made to any other Act by section 55 or this Schedule do not
prevent sections 1(4), 3(5), 7(5) and 11(4) of the Borders, Citizenship and
Immigration Act 2009 from applying to the amended Act (including those
provisions of that Act as amended by section 55 or this Schedule).
PART 2
MODIFICATION  OF APPLIED  ENACTMENTS
Criminal Justice and Public Order Act 1994
41 Paragraphs 42 and 43 have effect for the purposes of the application of
sections 136 to 139 of the Criminal Justice and Public Order Act 1994 to
immigration officers by virtue of section 55(7).
42 A reference to a constable (including a reference to a constable of a police
force in England and Wales, a constable of a police force in Scotland or a
constable of a police force in Northern Ireland) is to be treated as a reference
to an immigration officer.
43 (1) This paragraph has effect in relation to the application of section 138 of the
1994 Act to immigration officers.
(2) Subsection (1B) is to be treate d as if it provided as follows—
“(1B) Where a person is arrested under subsection (2) of the principal
section but not charged in connection  with an offence, subsections (2)
to (9) of section 25A of the Crim inal Law (Consolidation) (Scotland)
Act 1995 (right of suspects to have access to a solicitor) apply with the
following modifications—
(a) omit the references to “o ther premises or place” in
subsections (2) and (6);
(b) the right under subsection (2) arises when the person is
arrested;
(c) subsection (6) is to be read as requiring that the person be
informed of the rights under section 25A(2) and (3) on being
arrested.”.Crime and Courts Act 2013 (c. 22)
Schedule 21 — Powers of immigration officers: further provision
Part 2 — Modification of applied enactments347
(3) In subsection (2), the references to the 1995 Act and to section 14(1) of that
Act are to be treated as references  to the Criminal Law (Consolidation)
(Scotland) Act 1995 (the “consolidation Act”) and to section 24(1) of that Act.
(4) Subsection (2A) is to be trea ted as if provided as follows—
“(2A) Those provisions are—
(a) section 24(2) to (8A) (deten tion and questioning at police
station);
(b) sections 24A and 24B (extension  of period of detention under
section 24B);
(c) section 25 (right to have someone informed when detained);
(d) section 25A(2) to (9) (rig ht of access to solicitor).”.
(5) In subsection (6) the refe rence to the 1995 Act is to  be treated as a reference
to the consolidation Act.
(6) In subsection (7)—
(a) the reference to section 14 is to be treated as a reference to section 24
of the consolidation Act;
(b) the reference to subsections (6) and (9) of section 14 is to be treated as
a reference to subsections (5) and (8) of section 24.
(7) In subsection (8)—
(a) the reference to section 15 is to be treated as a reference to section 25
of the consolidation Act;
(b) paragraph (a) is to  be treated as if it provided as follows—
“(a) in subsection (1)—
(i) the words “other premises or place” (in both
places) are to be treated as  if they referred to a
police station;
(ii) the reference in paragraph (a) to other
premises is to be treated as a reference to a
police station;
(iii) paragraph (b) does not apply;
(iv) the references in pa ragraph (c)(i) and (iii) to
the right under subsection (1)(b) are to be
treated as references to  the right under section
25(1) to have someone informed when
detained;
(v) the references in paragraph (c)(ii) to
subsection (1)(b) is to be  treated as a reference
to section 25(1);
(vi) the reference in paragraph (c)(iii) to
subsection (2) is to be treated as a reference to
the words in section 25(1) beginning “and the
person shall be informed”;
(vii) the reference to subsec tion (4) is to be treated
as a reference to section 25(2).”.
(8) In subsection (9)—
(a) the reference to section 15A is to be treated as a reference to section
25A;Crime and Courts Act 2013 (c. 22)
Schedule 21 — Powers of immigrati on officers: further provision
Part 2 — Modification of applied enactments348
(b) paragraph (a) is to  be treated as if it provided as follows—
“(a) the words “other premises or place” in subsections (2)
and (6) are to be treated as referring to a police
station;”;
(c) in paragraph (b)(iii) the reference to section 15A(2) and (3) is to be
treated as a reference to section 25A(2) and (3).
PART 3
SCOTLAND
Criminal Law (Consolidatio n) (Scotland) Act 1995
44 The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as
follows.
45 (1) Section 24 (detention and questionin g at office of Revenue and Customs) is
amended in accordance with this paragraph.
(2) In the title of the section, for “ at office of Revenue and Customs ” substitute
“: Revenue and Customs, immigr ation and nationality offences ”.
(3) In subsection (5)—
(a) in paragraph (a)—
(i) after “Customs” insert “(in a case falling wi thin subsection
(A1)(a)) or police station (in a case falling within subsection
(A1)(b))”;
(ii) after “premises” insert “(in either of those cases)”;
(b) in paragraph (d)—
(i) after “subsection (1)” insert “or (1A)”;
(ii) after “Customs” insert “(in a case falling wi thin subsection
(A1)(a)) or police station (in a case falling within subsection
(A1)(b))”;
(iii) after “premises” insert “(in either of those cases)”.
46 In section 25 (right to have someone informed when detain ed), in subsection
(1)—
(a) in the words before paragraph (a)—
(i) after “Customs” (in the first pl ace) insert “(in a case falling
within subsection (A1)(a)) or po lice station (in a case falling
within subsecti on (A1)(b))”;
(ii) after “place” (in the first plac e) insert “(in either of those
cases)”;
(iii) after “Customs” (in the second place) insert “, police station”;
(b) in paragraph (a), after “Customs” insert “, police station”.
47 (1) Section 25A (right of suspects to have access to a solicitor) is amended in
accordance with this paragraph.
(2) In subsection (1)—
(a) in paragraph (b)—
(i) for “an officer” substitute  “an officer of Revenue and
Customs”;
(ii) omit the final “or”;Crime and Courts Act 2013 (c. 22)
Schedule 21 — Powers of immigration officers: further provision
Part 3 — Scotland349
(b) in paragraph (c), for “an officer” (i n each place) subs titute “an officer
of Revenue and Customs”;
(c) after paragraph (c) insert—
“(d) attends voluntarily at a police station or any other
premises or place for the purpose of being questioned
by an immigration officer on suspicion of having
committed an immigration offence or nationality
offence; or
(e) is arrested (but not charged) by an immigration
officer in connection with  an immigration offence or
nationality offence and is being detained at a police
station or any other premises  or place for the purpose
of being questioned by an immigration officer in
connection with the offence.”.
(3) In subsection (2)(b), after “Cus toms” insert “, police station”.
(4) In subsection (6)(a), after “Cus toms” insert “, police station”.
48 In section 26B (interpretation of Part 3 etc)—
(a) in subsection (1), for the defi nition of “officer” substitute—
““officer” means—
(a) for the purposes of  sections 24 to 25A—
(i) an officer of Reve nue and Customs (in
relation to detention by, attendance for
the purpose of being questioned by, or
arrest by, such an officer), or
(ii) an immigration officer (in relation to
detention by, attendance for the
purpose of being questioned by, or
arrest by, such an officer); and
(b) for the purposes of th e other provisions of this
P a r t  o f  t h i s  A c t ,  a n  o f f i c e r  o f  R e v e n u e  a n d
Customs.”;
(b) in subsection (2), for the words from “this Act” to “had authority”
substitute “this Act—
(a) a certificate of the Commissioners for Her Majesty’s
Revenue and Customs that an officer of Revenue of
Customs, or
(b) a certificate of the Secretary of State that an
immigration officer,
had authority”.
49 (1) The amendments made by section 55(10), and paragraph 45 of this Schedule,
do not affect section 24 of the 1995 Act as it applies by virtue of section 26(8)
of that Act in respect of a person detained under section 26 of that Act
(detention in connection with certain drug smuggling offences).
(2) The amendments made by paragraph 46 of this Schedule do not affect
section 25(1) of the 1995 Act as it applies by virtue of section 26(9) of that Act
in respect of a person detained under section 26 of that Act (detention in
connection with certain drug smuggling offences).Crime and Courts Act 2013 (c. 22)
Schedule 21 — Powers of immigrati on officers: further provision
Part 3 — Scotland350
Consequential amendments relating to legal aid in Scotland
50 (1) In section 8A of the Legal Aid (Scotland) Act 1986 (power to provide for
criminal advice and assistance to be available for certain clients without
reference to the financial limits), in subsection (2)(b), af ter “offences” insert
“or immigration or nationality offences”.
(2) In regulation 8 of the Advice and As sistance and Civil Legal Aid (Financial
Conditions and Contributions) (Scotl and) Regulations 2011 (criminal advice
and assistance: automatic availab ility in certain circumstances), in
paragraph (b), after “offences” insert “or immigration or nationality
offences”.
(3) The amendment of regulation 8 by sub-paragraph (2) above does not
prevent the provision ma de by that amendment from being amended or
revoked by exercise of the power conf erred by section 8A  of the Legal Aid
(Scotland) Act 1986 or any other power.
(4) Regulation 3(1)(b) of the Criminal  Legal Assistance (Duty Solicitors)
(Scotland) Regulations 2011 (duty soli citors: advice for suspects) applies in
relation to a person to whom section 25A of the 1995 Act applies by virtue of
its amendment by paragraph 46 of th is Schedule; and, accordingly, in
regulation 3(1)(b), after “customs” in sert “, immigration and nationality”.
(5) But regulation 3(1)(b) does not have effe ct in relation to such a person in a
case where—
(a) the person is detained under se ction 24 of the 1995 Act, and the
period of detention began before the time at which paragraph 46 of
this Schedule comes into force;
(b) the person attends as mentioned in section 25A(1)(d) of the 1995 Act,
and the period of attendance began before that time; or
(c) the person is arrested and detained as mentioned in section 25A(1)(e)
of that Act, and the arrest occurred before that time.
(6) Sub-paragraph (4) does not affect the application of regulation 3(1)(b) in
relation to a person to whom section 25A of the 1995 Act applies otherwise
than by virtue of its amendment by paragraph 47 of this Schedule.
(7) Sub-paragraphs (4) to (6) do not pr event regulation 3( 1)(b) from being
amended or revoked by exercise of any power conferred by the Legal Aid
(Scotland) Act 1986 or any other power.
(8) In this paragraph “1995 Act” me ans the Criminal Law (Consolidation)
(Scotland) Act 1995.
SCHEDULE 22 Section 56
DRUGS  AND  DRIVING : MINOR  AND  CONSEQUENTIAL  AMENDMENTS
Road Traffic Act 1988 (c. 52)
1 The Road Traffic Act 1988 is amended as follows.
2 (1) Section 3A (causing death by careless driving when under influence of drink
or drugs) is amended as follows.Crime and Courts Act 2013 (c. 22)
Schedule 22 — Drugs and driving: minor and consequential amendments351
(2) In subsection (1), af ter paragraph (b) insert—
“(ba) he has in his body a specified controlled drug and the
proportion of it in his blood or  urine at that time exceeds the
specified limit for that drug, or”.
(3) In subsection (3), after “(1)(b)” insert “, (ba)”.
3 (1) Section 6C (preliminary drug  test) is amended as follows.
(2) In subsection (1)(b), for “in his bo dy.” substitute “in his body and if so—
(i) whether it is a specified controlled drug;
(ii) if it is, whether the proportion of it in the person’s
blood or urine is likely to exceed the specified limit for
that drug.”
(3) After subsection (2) insert—
“(3) Up to three preliminary drug tests may be administered.”
4 In section 6D (arrest), in subsection  (1), for the words after “preliminary
breath test” substitute “or preliminar y drug test the constable reasonably
suspects that—
(a) the proportion of alcohol in  the person’s breath or blood
exceeds the prescribed limit, or
(b) the person has a specified controlled drug in his body and the
proportion of it in the person ’s blood or urine exceeds the
specified limit for that drug.”
5 (1) Section 7 (provision of specimens for analysis) is amended as follows.
(2) After subsection (1) insert—
“(1A) In the course of an investig ation into whether a person has
committed an offence under section 5A of this Act a constable may,
subject to subsections (3) to (7) of  this section and section 9 of this
Act, require the person to provide a specimen of blood or urine for a
laboratory test.”
(3) In subsection (3)(c), for “o r 4” substitute “, 4 or 5A”.
6 (1) Section 10 (detention of persons affe cted by alcohol or a drug) is amended as
follows. 
(2) In subsection (1), for “or 5” substitute “, 5 or 5A”.
(3) In subsection (2), for the words from “whilst his ability” to the end substitute
“whilst—
(a) the person’s ability to drive properly is impaired,
(b) the proportion of alcohol in  the person’s breath, blood or
urine exceeds the prescribed limit, or
(c) the proportion of a specified controlled drug in the person’s
blood or urine exceeds the specified limit for that drug.”
7 In section 192 (general interpretation of Act), in the definition of
“prescribed” in subsection (1), before  “means” insert “(except in section
5A)”.
8 The amendments in paragraphs 3 to 6 do not affect the application of
sections 83 and 96 of the Railways and Transport Safety Act 2003.Crime and Courts Act 2013 (c. 22)
Schedule 22 — Drugs and driving: minor and consequential amendments352
Road Traffic Offenders Act 1988 (c. 53)
9 The Road Traffic Offenders Act 1988 is amended as follows.
10 (1) Section 15 (use of specimens in pr oceedings for an offence under section 3A,
4 or 5 of the Road Traffic Act) is amended as follows.
(2) In the sidenote, for “section 4 or 5” substitute “any of sections 3A to 5A”.
(3) In subsection (1), for “section 3A, 4 or  5” substitute “any of sections 3A to
5A”.
(4) In subsection (2), for the words from “and, subject to” to the end substitute
“and—
(a) it is to be assumed, subject to subsection (3) below, that the
proportion of alcohol in the ac cused’s breath, blood or urine
at the time of the alleged offence was not less than in the
specimen;
(b) it is to be assumed, subject to  subsection (3A) below, that the
proportion of a drug in the ac cused’s blood or urine at the
time of the alleged offence was not less than in the specimen.”
(5) In subsection (3), for “That assumption” substitute “The assumption in
subsection (2)(a) above”.
(6) After subsection (3) insert—
“(3A) The assumption in subsection (2 )(b) above is not to be made if the
accused proves—
(a) that he took the drug before he provided the specimen or had
the specimen taken from him and—
(i) in relation to an offence under section 3A, after the
time of the alleged offence, and
(ii) otherwise, after he had ceased to drive, attempt to
drive or be in charge of a vehicle on a road or other
public place, and
(b) that had he not done so the proportion of the drug in his
blood or urine—
(i) in the case of a specified controlled drug, would not
have exceeded the specified limit for that drug, and 
(ii) if it is alleged that he was unfit to drive through
d r u g s ,  w o u l d  n o t  h a v e  b e e n  s u c h  a s  t o  i m p a i r  h i s
ability to drive properly.”
11 (1) Section 24 (alterna tive verdicts: general) is amended as follows.
(2) In the table in subsection (1), after th e entry relating to section 5(1)(a) of the
Road Traffic Act 1988 insert—
“Section 5A(1)(a) and (2)
(driving or attempting to drive
with concentration of specified
controlled drug above specified
limit)Section 5A(1)(b) and (2) (being
in charge of a vehicle with
concentration of specified
controlled drug above specified
limit)”.Crime and Courts Act 2013 (c. 22)
Schedule 22 — Drugs and driving: minor and consequential amendments353
(3) In subsection (3), for “or 5(1)(a)” su bstitute “, 5(1)(a) or 5A(1)(a) and (2)”.
12 In section 34 (disqualification for cert ain offences), in subsection (3), after
paragraph (b) insert—
“(ba) section 5A(1)(a) and (2) (drivi ng or attempting to drive with
concentration of specified controlled drug above specified
limit),”.
13 In Schedule 1 (offences to which sectio ns 1, 6, 11 and 12(1) apply), in the
table, after the entry beginning “RTA section 5” insert—
14 The amendments in paragraph 10 do not affect the application of sections 83
and 96 of the Railways and Transport Safety Act 2003.
Football Spectators Act 1989 (c. 37)
15 In Schedule 1 to the Football Specta tors Act 1989 (relevant offences for
purposes of making banning order), in paragraph 1(l)—
(a) for “or 5” substitute “, 5 or 5A”;
(b) after “limit” insert “or with a co ncentration of a specified controlled
drug above the specified limit”.
Crime (International Co-operation) Act 2003 (c. 32)
16 In Schedule 3 to the Crime (Interna tional Co-operation) Act 2003 (offences
notifiable to authority of member State where offender normally resident),
in Part 1 (offences where no minimum period of disqualification necessary),
after paragraph (f) of paragraph 3 insert—
“(fa) section 5A (driving, or bein g in charge, of a motor vehicle
with concentration of specified controlled drug above
specified limit),”.
Armed Forces Act 2006 (c. 52)
17 In Schedule 1 to the Armed Forces Ac t 2006 (criminal conduct offences that
may be dealt with at a summary hearing), in Part 1 (offences that may be
dealt with without permission), after paragraph 9 insert—
“9A An offence under section 5A of that Act (driving a vehicle with
concentration of specified controlled drug above specified limit).”“RTA section 5A Driving or attempting to
drive, or being in charge
of a motor vehicle,
with concentration of
specified controlled
drug above specified
limit.Sections 11 and 12(1)
of this Act.”Crime and Courts Act 2013 (c. 22)
Schedule 23 — Super-aff irmative procedure354
SCHEDULE 23 Section 58
SUPER -AFFIRMATIVE  PROCEDURE
Prior consultation
1 If the Secretary of State is proposing to make an order under section 2, the
Secretary of State must consult those persons wh om the Secretary of State
considers would be affected by the proposed order.
Draft order
2 (1) If, after such a consultation, the Secretary of State considers it appropriate to
proceed with the making of the order, the Secretary of State must lay before
Parliament—
(a) a draft order, and
(b) a document which explains the order.
(2) The Secretary of State may not act unde r this paragraph before the end of the
period of twelve weeks beginning wi th the day on which the consultation
began.
Draft order approved
3 (1) The Secretary of State may make an or der in the terms of the draft order laid
under paragraph 2 if, after the expiry of the 40-day period, the draft order is
approved by a resolution of  each House of Parliament.
(2) But the procedure in para graph 4 is to apply to the draft order instead of the
procedure in this paragraph if—
(a) either House of Parliament so re solves within the 30-day period, or
(b) a committee of either House ch arged with reporting on the draft
order so recommends within the 30-day period and the House to
which the recommendation is made does not by resolution reject the
recommendation within that period.
Scrutiny extended
4 (1) The Secretary of State must have regard to—
(a) any representations,
(b) any resolution of either  House of Parliament, and
(c) any recommendations of a committee of either House of Parliament
charged with reportin g on the draft order,
made during the 60-day period with regard to the draft order.
(2) If after the expiry of the 60-day pe riod the draft order is approved by a
resolution of each House of Parliame nt, the Secretary of State may make an
order in the terms of the draft order.
(3) If after the expiry of the 60-day period the Secretary of State wishes to
proceed with the draft or der but with material changes, the Secretary of
State may lay before Parliament—
(a) a revised draft order, and
(b) a statement giving a summary of the changes proposed.Crime and Courts Act 2013 (c. 22)
Schedule 23 — Super-af firmative procedure355
(4) If the revised draft orde r is approved by a resolution of each House of
Parliament, the Secretary of State may make an order in the terms of the
revised draft order.
Interpretation
5 (1) For the purposes of this paragraph an  order is made in the terms of a draft
order or revised draft order if it co ntains no material changes to its
provisions.
(2) In this Schedule, references to the “30-day”, “40-day” and “60-day” periods
in relation to any draft order are to the periods of 30, 40 and 60 days
beginning with the day on which the dr aft order was laid before Parliament.
(3) For that purpose no account is to be taken of any time during which
Parliament is dissolved or prorogue d or during which either House is
adjourned for more than four days.
SCHEDULE 24 Section 61(18)
THE NCA: N ORTHERN  IRELAND
Provisions that do not extend to Northern Ireland
1 (1) The relevant NCA provisions do not extend to Northern Ireland.
(2) The Secretary of State may, by orde r, provide that an y other provision of
Part 1 of this Act is not to  extend to Northern Ireland.
(3) This paragraph is subject to paragraph 2.
Power to provide for provisions to extend to Northern Ireland
2 The Secretary of State may, by order, provide for any of the following to
extend to Northern Ireland—
(a) any relevant NCA provision;
(b) any provision in respect of wh ich an order has been made under
paragraph 1(2).
Provisions extended to Northern Ireland: consequential provision
3 The Secretary of State ma y, by order, make such provision as the Secretary
of State considers appropriate in cons equence of, or in connection with, a
provision of this Act extending to Nort hern Ireland by virtue of an order
under paragraph 2.
Provisions not extending to Northern  Ireland: consequential provision
4 The Secretary of State ma y, by order, make such provision as the Secretary
of State considers appropriate in cons equence of, or in connection with, a
provision of this Act not extending to Northern Ireland by virtue of—
(a) paragraph 1(1), or
(b) an order under paragraph 1(2).Crime and Courts Act 2013 (c. 22)
Schedule 24 — The NCA:  Northern Ireland356
NCA functions in Northern Ireland
5 The Secretary of State ma y, by order, make such provision as the Secretary
of State considers appropriate for modifying the ways in which—
(a) NCA functions are exercise d in Northern Ireland, or
(b) the exercise of NCA functions in Northern Ireland is planned or
supervised.
Consent of Northern Ireland Assembly to transferred provision
6 (1) The Secretary of State may not make  an order under th is Schedule which
makes transferred provision unless the Northern Ireland Assembly consents
to the making of that provision.
(2) In this paragraph “transferred provis ion” means provision which, if it were
contained in an Act of the Northern Ireland Assembly—
(a) would be within the legislativ e competence of the Assembly, and
(b) would deal with a transferred matt er without being ancillary to other
provision (whether in the Act or previously enacted) which deals
with an excepted matter or reserved matter.
Orders under this Schedu le: particular provision
7 (1) The provision that may be made by an order under paragraph 2, 3, 4 or 5
(whether by virtue of that para graph or section 58(12)) includes—
(a) provision conferring, removing or otherwise modifying a function
(whether or not exercisable in, or in relation to, Northern Ireland);
(b) provision amending, repealing, revoking or otherwise modifying
any enactment (including an enactment contained in, or amended
by, this Act).
(2) The making of an order under any provision of this Schedule does not
prevent—
(a) a further order from being made under that provision, or
(b) an order from being made un der any other provision of this
Schedule.
(3) An order under paragraph 2 or 3 may modify or reverse the effects of an
order made under paragraph 4.
(4) Sub-paragraphs (1) to (3) do not limi t the powers conferred by paragraphs 2,
3, 4 and 5.
(5) In this paragraph “function” includes—
(a) an NCA function, and
(b) a function of the Secretary of State.
Interpretation
8 Expressions used in this Schedule and in Part 1 of this Act have the same
meanings in this Schedule as in that Part.
9 For the purposes of this Schedule, each of the provisions of this Act specified
in the following table (including any amendment, repeal or revocation made
by such a provision) is a “relevant NCA provision”.Crime and Courts Act 2013 (c. 22)
Schedule 24 — The NCA:  Northern Ireland357
10 In this Schedule—
“ancillary” has the meaning given in  section 6(3) of the Northern
Ireland Act 1998;
“excepted matter”, “reserved matter ” and “transferred matter” have the
meanings given by section 4(1) of the Northern Ireland Act 1998.The relevant NCA provisions
Section 3 —subsection (2)(a) so fa r as it requires consultation
with the Department of Justice in Northern Ireland
Section 4 —subsection (6)(a) so fa r as it requires consultation
with the Department of Justice in Northern Ireland
—subsection (7)(b)
—subsection (8)(c)
Section 11 —subsection (8)
Schedule 1 —paragraph 7(1)(b)
—paragraph 8(3)(b)
Schedule 2 —paragraph 5(b)
—paragraph 6(2)(b)(ii), (4) and (5)
—paragraph 8(4) and (5)
Schedule 3 —paragraph 1(2) so far as it imposes a duty on:
(a) a member of the Police Service of Northern
Ireland, 
or
(b) a person operating in Northern Ireland who
falls
within paragraph 1(3)(f)
—paragraph 3 so far as it relates to the Chief
Constable of the Police Service of Northern Ireland
—paragraph 14
—paragraph 15
—paragraph 25
—paragraph 26(3)(b)
Schedule 5 —paragraph 11(1)(c)
—paragraph 11(6) to (8)
—in paragraph 11(9), the definitions of “Northern
Ireland general authorisatio n” and “Northern Ireland
operational authorisation”
—paragraph 13
—in paragraph 30, the defi nition of “powers and
privileges of a Northern Ireland constable”
Schedule 6 —paragraph 19
Schedule 8 —the provisions of Part 2 and Part 3 so far as they
relate to transferred mattersCrime and Courts Act 2013 (c. 22)
Schedule 25 — Proceeds of crime provisions: Nort hern Ireland
Part 1 — Civil recovery provisions358
SCHEDULE 25 Section 61(19)
PROCEEDS  OF CRIME  PROVISIONS : NORTHERN  IRELAND
PART 1
CIVIL RECOVERY  PROVISIONS
Meaning of “relevant ci vil recovery provision”
1 For the purposes of this Part of this Schedule, each of the following is a
“relevant civil recovery provision”—
(a) section 48(2), (3), (5) and (6);
(b) section 48(7) so far as it relates to amendments made by section 48(2),
(3) and (5) and Part 2 of Schedule 18;
(c) each provision in Schedule 18;
(d) each amendment or repeal made by the provisions mentioned in
paragraphs (a) and (c).
Relevant civil recovery provisions not to extend to Northern Ireland unless order made
2 (1) The relevant civil recovery provisions do not extend to Northern Ireland. 
(2) But that is subject to paragraph 3.
Power to provide for relevant civil recovery provisions to extend to Northern Ireland
3 The Secretary of State may, by order, provide for one or more of the relevant
civil recovery provisions to extend to Northern Ireland.
Relevant civil recovery provisio n extending to Northern Ireland
4 (1) The Secretary of State may, by order,  make such provision as the Secretary
of State considers appropriate in cons equence of, or in connection with, a
relevant civil recovery provisio n extending to Northern Ireland.
(2) An order under this para graph may, in particular—
(a) provide for section 282A of the Proceeds of Crime Act 2002 to have
e f f e c t  i n  r e l a t i o n  t o  o r d e r s  m a d e  b y  t h e  H i g h  C o u r t  i n  N o r t h e r n
Ireland;
(b) provide for an enforcement authorit y in relation to Northern Ireland
to make requests for assistance under section 282B of that Act;
(c) provide for a receiver appointe d under an order made by the High
Court in Northern Ireland to make  requests for assistance under
section 282C of that Act;
(d) provide for the High Court in Northern Ireland or a receiver
appointed by an order made by th at court to make requests for
assistance under section 282D of that Act;
(e) provide for an enforcement author ity or trustee for civil recovery to
make a request for assistance under section 282F of that Act where a
recovery order has been made by the High Court in Northern
Ireland;
(f) provide for section 316(8B) of that Ac t to have effect in relation to an
enforcement authority in rela tion to Northern Ireland.Crime and Courts Act 2013 (c. 22)
Schedule 25 — Proceeds of crime provisions: Northern Ireland
Part 1 — Civil recovery provisions359
Relevant civil recovery provision not extending to Northern Ireland
5 The Secretary of State ma y, by order, make such provision as the Secretary
of State considers appropriate in cons equence of, or in connection with, a
relevant civil recovery provision not extending to Northern Ireland.
Consent of Northern Ireland Assembly to transferred provision
6 (1) The Secretary of State may not make an order under this Part of this
Schedule which makes transferred provision unless the Northern Ireland
Assembly consents to the making of that provision.
(2) In this paragraph “transferred provis ion” means provision which, if it were
contained in an Act of the Northern Ireland Assembly—
(a) would be within the legislativ e competence of the Assembly, and
(b) would deal with a transferred matt er without being ancillary to other
provision (whether in the Act or previously enacted) which deals
with an excepted or reserved matter.
(3) In sub-paragraph (2)—
“ancillary” has the meaning given in  section 6(3) of the Northern
Ireland Act 1998;
“excepted matter”, “reserved matter ” and “transferred matter” have the
meanings given by section 4(1) of the Northern Ireland Act 1998.
Orders under this Part of this  Schedule: particular provision
7 (1) The provision that may be made by an order under paragraph 3, 4 or 5
(whether by virtue of that para graph or section 58(12)) includes—
(a) provision conferring, removing or otherwise modifying a function
(whether or not exercisable in, or in relation to, Northern Ireland);
(b) provision amending, repealing, revoking or otherwise modifying
any enactment (including an enactment contained in, or amended
by, this Act).
(2) Such an order may provide for provis ion amending, repealing or otherwise
modifying Chapter 2 or 4 of Part 5 of the Proceeds of Crime Act 2002 to have
retrospective effect.
(3) The making of an order under any provision of this Part of this Schedule
does not prevent—
(a) a further order from being made under that provision, or
(b) an order from being made under an y other provision of this Part of
this Schedule.
(4) An order under paragraph 3 or 4 may modify or reverse the effects of an
order made under paragraph 5.
(5) Sub-paragraphs (1) to (4) do not limi t the powers conferred by paragraphs 3,
4 and 5.
(6) In this paragraph—
“enactment” means any enactment, whenever passed or made,
contained in—
(a) an Act of Parliament;
(b) an Act of the Scottish Parliament;Crime and Courts Act 2013 (c. 22)
Schedule 25 — Proceeds of crime provisions: Nort hern Ireland
Part 1 — Civil recovery provisions360
(c) Northern Ireland legislation;
(d) a Measure or Act of the National Assembly for Wales;
(e) an instrument made under any such Act, legislation or
Measure;
(f) any other subordinate legislation (within the meaning of the
Interpretation Act 1978);
“function” means a function of any description, including a power or
duty (whether conferred by an enactment or arising otherwise).
PART 2
INVESTIGATION  PROVISIONS
Meaning of “relevant in vestigation provision”
8 For the purposes of this Part of this Schedule, each of the following is a
“relevant investigation provision”—
(a) each provision in paragraphs 2 to 13, 25 to 27, 29 and 30 of Schedule
19 (including each amendment or repeal made by those provisions),
and
(b) section 49 so far as it rela tes to each of those provisions.
Relevant investigation provisions not to extend to Northern Ireland unless order made
9 (1) The relevant investigation provisions do not extend to Northern Ireland.
(2) But that is subject to paragraph 10.
Power to provide for relevant investigation p rovisions to extend to Northern Ireland
10 The Secretary of State may, by order, provide for one or more of the relevant
investigation provisions to extend to Northern Ireland.
Relevant investigation provision extending to Northern Ireland
11 The Secretary of State may, by order,  make such provision as the Secretary
of State considers appropriate in cons equence of, or in connection with, a
relevant investigation provision extending to Northern Ireland.
Relevant investigation provision not extending to Northern Ireland
12 The Secretary of State may, by order,  make such provision as the Secretary
of State considers appropriate in cons equence of, or in connection with, a
relevant investigation provision no t extending to Northern Ireland.
Consent of Northern Ireland Assembly to transferred provision
13 (1) The Secretary of State may not make an order under this Part of this
Schedule which makes transferred provision unless the Northern Ireland
Assembly consents to the making of that provision.
(2) In this paragraph “transferred provis ion” means provision which, if it were
contained in an Act of the Northern Ireland Assembly—
(a) would be within the legislativ e competence of the Assembly, andCrime and Courts Act 2013 (c. 22)
Schedule 25 — Proceeds of crime provisions: Northern Ireland
Part 2 — Investigation provisions361
(b) would deal with a transferred matt er without being ancillary to other
provision (whether in the Act or previously enacted) which deals
with an excepted matter or a reserved matter.
(3) In sub-paragraph (2)—
“ancillary” has the meaning given in  section 6(3) of the Northern
Ireland Act 1998;
“excepted matter”, “reserved matter ” and “transferred matter” have the
meanings given by section 4(1) of the Northern Ireland Act 1998.
Orders under this Part of this  Schedule: particular provision
14 (1) The provision that may be made by an order under paragraph 10, 11 or 12
(whether by virtue of that para graph or section 58(12)) includes—
(a) provision conferring, removing or otherwise modifying a function
(whether or not exercisable in, or in relation to, Northern Ireland);
(b) provision amending, repealing, revoking or otherwise modifying
any enactment (including an enactment contained in, or amended
by, this Act).
(2) The making of an order under any provision of this Part of this Schedule
does not prevent—
(a) a further order from being made under that provision, or
(b) an order from being made under an y other provision of this Part of
this Schedule.
(3) An order under paragraph 10 or 11 ma y modify or reverse the effects of an
order made under paragraph 12.
(4) Sub-paragraphs (1) to (3) do not li mit the powers conferred by paragraphs
10, 11 and 12.
(5) In this paragraph—
“enactment” means any enactment, whenever passed or made,
contained in—
(a) an Act of Parliament;
(b) an Act of the Scottish Parliament;
(c) Northern Ireland legislation;
(d) a Measure or Act of the National Assembly for Wales;
(e) an instrument made under any such Act, legislation or
Measure;
(f) any other subordinate legislation (within the meaning of the
Interpretation Act 1978);
“function” means a function of any description, including a power or
duty (whether conferred by an enactment or arising otherwise).
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Crime and Courts Act 
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CHAPTER 22
Explanatory Notes have been produced to assist in the
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CRIME AND COURTS ACT  2013
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_____________________ 
 
 
CORRECTION 
 
Schedule 8 
 
Schedule 8, paragraph 31(3)(b): “...in paragraph (b)...” should read “...in paragraph (a)...”. 
 
  
March 2014 
 
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