# Crime and Courts Act 2013

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U.K.

# 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                        and powers of courts and tribunals; to make provision about deferred prosecution agreements; to make provision about border                        control; to make provision about drugs and driving; and for connected purposes.                     

[25th April 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,                           in this present Parliament assembled, and by the authority of the same, as follows:—                        

## **Part 1**U.K.The National Crime Agency

### The NCA and its officersU.K.

#### 1The National Crime AgencyU.K.

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

(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 organised crime or serious crime;                  

(b)activities to combat any other kind of crime;                  

(c)exploitation proceeds investigations (within the meaning of section 341(5) of the Proceeds of Crime Act 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-reduction function in the following ways (in particular).                  

(7)The first way is by the NCA itself—                  

(a)preventing and detecting organised 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 criminal proceedings                        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 itself 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.                  

Commencement Information

I1S. 1(1)(2) in force at 27.5.2013 by S.I. 2013/1042, **art. 3(a)**

I2S. 1(3)-(11) in force at 7.10.2013 by S.I. 2013/1682, **art. 3(a)**

I3S. 1(12) in force at 27.5.2013 for specified purposes by S.I. 2013/1042, **art. 3(b)**

I4S. 1(12) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, **art. 3(b)**

#### 2Modification of NCA functionsU.K.

(1)The Secretary of State may, by order, make—                  

(a)provision about NCA counter-terrorism functions (and, in particular, may make provision conferring, removing, or otherwise                        modifying such functions); and                  

(b)other provision which the Secretary of State considers necessary in consequence of provision made under paragraph (a) (and,                        in particular, may make provision about the functions 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 function if the NCA officer does so with the agreement of the Chief                        Constable of the Police Service of Northern Ireland.                  

(3)That includes cases where an order under this section confers an NCA counter-terrorism function by the modification 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 section is subject to the super-affirmative procedure (see section 58 and Schedule 23).                  

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

Commencement Information

I5S. 2 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(c)**

#### 3Strategic prioritiesU.K.

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

(2)In determining strategic priorities for 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.                  

Extent Information

E1S. 3(2)(a): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified,                              do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Modifications etc. (not altering text)

C1S. 3(2)(a) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(1)(a)**

Commencement Information

I6S. 3 in force at 27.5.2013 by S.I. 2013/1042, **art. 3(c)**

#### 4OperationsU.K.

(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 Director 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 (see 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 Scotland and Northern Ireland).                  

(4)The annual plan for a financial year must include—                  

(a)a statement of any strategic priorities for the NCA,                  

(b)a statement of the operational priorities for the NCA, and                  

(c)in relation to each of the strategic and operational priorities, an explanation of how the Director 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 strategic 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 strategic priorities.

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

(a)the strategic partners [F1and the Northern Ireland Policing Board], and                  

(b)any other persons whom the Director General considers it is appropriate to consult.                  

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

(a)to consult the Scottish Ministers about the annual plan only as it relates to activities in Scotland; and                  

(b)to consult the Department of Justice in Northern Ireland [F2and the Northern Ireland Policing Board] 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 Justice in Northern Ireland [F3and the Northern Ireland Policing Board] as it relates to activities in Northern Ireland.                  

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

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

Extent Information

E2S. 4(6)(a)(7)(b)(8)(c): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there                              specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Textual Amendments

F1Words in s. 4(6)(a) inserted (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(2)(a)**

F2Words in s. 4(7)(b) inserted (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(2)(b)**

F3Words in s. 4(8)(c) inserted (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(2)(c)**

Modifications etc. (not altering text)

C2S. 4(6)(a) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(1)(b)(i)**

C3S. 4(7)(b) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(1)(b)(ii)**

C4S. 4(8)(c) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(1)(b)(iii)**

Commencement Information

I7S. 4(1) in force at 7.10.2013 by S.I. 2013/1682, **art. 3(d)**

I8S. 4(2)-(9) in force at 27.5.2013 by S.I. 2013/1042, **art. 3(d)**

I9S. 4(10) in force at 27.5.2013 for specified purposes by S.I. 2013/1042, **art. 3(e)**

I10S. 4(10) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, **art. 3(e)**

### Other functions etc.U.K.

#### 5Relationships between NCA and other agencies: tasking etcU.K.

(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)—                  

(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, would 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 England and Wales police force;                  

(b)the Chief Constable of the British Transport Police.                  

(6)The Director General may give a direction under subsection (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 direction 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 direction 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.                  

Commencement Information

I11S. 5(1)-(9) (11) (12) in force at 7.10.2013 by S.I. 2013/1682, **art. 3(f)**

I12S. 5(10) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, **art. 2(a)**

I13S. 5(10) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, **art. 3(g)**

#### 6Duty to publish informationU.K.

(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 performance of the duties imposed by                        subsection (1) (including requirements about what information 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 apply in relation to such requirements).                  

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

Commencement Information

I14S. 6(1)(3)(4) in force at 7.10.2013 by S.I. 2013/1682, **art. 3(h)**

I15S. 6(2) in force at 27.5.2013 by S.I. 2013/1042, **art. 3(f)**

#### 7Information gatewaysU.K.

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

(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 connection with the exercise of any NCA functions may be used by the NCA in connection                        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 Advocate under Part 3 of the Proceeds of Crime Act 2002 (“PCA 2002”), or                  

(b)the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002,                  

only where the information has been obtained by the NCA in connection with the exercise of a function under PCA 2002 (other                     than a function under Part 6 of that Act).                  

(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 officer to disclose the information.                  

(7)But an NCA officer may disclose the 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 not in the United Kingdom).                  

(8)A disclosure of information which is authorised 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 disclosure 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 disclosure arrangements” means—                          (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 Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about                                    the disclosure of information by that Service, or                                 
(c)
arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ.
 

Commencement Information

I16S. 7 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(i)**

#### 8Other functions etcU.K.

(1)In section 11 of the Children Act 2004 (arrangements to safeguard and promote welfare of children: England), in subsection                        (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 subsection (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)another overseas body exercising functions of a public nature in a country or territory outside the British Islands,                  

if the government, or the body, requests assistance to be provided.

(4)If such a request is made, the Director General may provide such assistance as the Director General considers appropriate                        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.                  

Commencement Information

I17S. 8(1)-(5) in force at 7.10.2013 by S.I. 2013/1682, **art. 3(j)**

I18S. 8(6) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, **art. 2(b)**

I19S. 8(6) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, **art. 3(k)**

#### 9Director General: customs powers of Commissioners & operational powersU.K.

(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 privileges of a constable;                  

(b)the powers of an officer 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 modification or                        withdrawal to the Director General.                  

(4)Schedule 5 (police, customs and 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 of designation to give effect                        to those recommendations (unless the recommendations are already given effect to by a previous exercise of the powers of designation).                  

(6)The Secretary of State may not exercise 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.
 

Commencement Information

I20S. 9(1)-(3)(5)-(8) in force at 7.10.2013 by S.I. 2013/1682, **art. 3(l)**

I21S. 9(4) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, **art. 2(c)**

I22S. 9(4) in force at 27.5.2013 for specified purposes by S.I. 2013/1042, **art. 3(g)**

I23S. 9(4) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, **art. 3(m)**

#### 10Operational powers of other NCA officersU.K.

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

(a)the powers and privileges of a constable;                  

(b)the powers of an officer of Revenue and Customs;                  

(c)the powers of an immigration officer.                  

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

(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 modification or withdrawal                        to the officer.                  

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

Commencement Information

I24S. 10 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(n)**

### GeneralU.K.

#### 11Inspections and complaintsU.K.

(1)Her Majesty's Inspectors of Constabulary (“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—                  

(a)generally, or                  

(b)in respect of a particular matter.                  

(3)Following an inspection under this section, 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 duties 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 they apply to other such functions.                  

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

##### “26CThe 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 Director General and other National Crime Agency officers.                  

(2)Regulations under this section may, in particular—                  

(a)apply (with or without modifications), or make provision similar to, any provision of or made 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 must relate only to the exercise of functions in, or in relation to, England and Wales.                  

(4)The Independent Police Complaints 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 officer may disclose information to the Independent Police Complaints Commission, or to a person acting                           on the Commission's behalf, for the purposes of the exercise by the Commission, or by any person 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.                  

(7)Regulations under this section may, in particular, make—                  

(a)further provision about the disclosure of information under subsection (5) or (6);                  

(b)provision about the further disclosure of information that has been so disclosed;                  

including provision which applies (with or without modifications), or is similar to, any provision of Schedule 7 to the Crime                        and Courts Act 2013.                  

(8)Except as provided for in regulations 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 Criminal 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) substitute “ the National Crime Agency ”;                  

(b)for “SOCA and members of the staff of SOCA” substitute “ the National Crime Agency and National Crime Agency officers ”.                  

(8)In section 60ZA of the Police (Northern 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 “ National 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.                  

Extent Information

E3S. 11(8): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do                              not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I25S. 11(1)-(5)(7)-(8) in force at 7.10.2013 by S.I. 2013/1682, **art. 3(o)**

I26S. 11(6) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, **art. 2(d)**

I27S. 11(6) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, **art. 3(p)**

I28S. 11(9) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, **art. 2(e)**

I29S. 11(9) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, **art. 3(q)**

#### 12Information: restrictions on disclosure etcU.K.

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

(2)Schedule 7 applies to disclosures made 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 paragraph 4 or                        6 of Schedule 3 to disclose information by keeping other persons informed of information obtained by the NCA), and any power                        of an NCA officer to disclose information, has effect subject to Schedule 7.                  

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

Commencement Information

I30S. 12 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

#### 13NCA officers with operational powers: labour relationsU.K.

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

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

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

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

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

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

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

(8)In this section—                  
          -  “no-strike provisions” means subsections (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 (Northern Ireland) Order 1996.
 

Commencement Information

I31S. 13 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(s)**

#### 14NCA officers with operational powers: pay and allowancesU.K.

(1)The Secretary of State may, by regulations, 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 wholly or partly by reference                        to such factors, and the opinion or recommendations 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 applicable to times and                        periods before they are considered or determined.                  

(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.                  

Commencement Information

I32S. 14 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(f)**

#### 15Abolition of SOCA and NPIAU.K.

(1)The Serious Organised Crime Agency is abolished.                  

(2)The National Policing Improvement Agency is abolished.                  

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

Commencement Information

I33S. 15(1)(2) in force at 7.10.2013 by S.I. 2013/1682, **art. 3(t)**

I34S. 15(3) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, **art. 2(g)**

I35S. 15(3) in force at 27.5.2013 for specified purposes by S.I. 2013/1042, **art. 3(h)**

I36S. 15(3) in force at 7.10.2013 for specified purposes by S.I. 2013/1682, **art. 3(u)**

#### 16Interpretation of Part 1U.K.

(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 Police Service of Northern Ireland;
(f)
the chief constable of the 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 maintained 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 2009 (see section 3 of that Act);                         
          -  “Island law enforcement agency” means any person charged with the duty of investigating or prosecuting offences who operates in any of the Channel Islands                           or in the Isle of Man (apart from an Island police force);                         
          -  “Island police force” means—                          (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 National 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 Agency 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 prosecution of offences, whether in the United Kingdom or elsewhere;
(c)
the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under                                    the law of any part of the United Kingdom or the law of any country or territory outside the United Kingdom;                                 
(d)
the exercise of any NCA functions (so far as not falling within any of paragraphs (a) to (c));
(e)
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;                                 
(f)
compliance with an order of a court 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 the Serious Fraud Office,
(iii)
the Director of Public Prosecutions 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 customs 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 proceedings outside the United Kingdom which have led, or may lead, to the making of an external order (within                                    the meaning of section 447 of the Proceeds of Crime Act 2002);                                 
(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 designated by the Secretary of State by order;
  but a function may be designated under paragraph (p) only if the function appears to the Secretary of State to be a function                           of a public nature;                         
          -  “policing body” means—                          (a)
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;
(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 Police Service of Northern Ireland;
(g)
the Commissioners for Her Majesty's Revenue and Customs;
(h)
the Director of the Serious Fraud Office;
 
          -  “UK law enforcement agency” means—                          (a)
the Commissioners for Her Majesty's Revenue and Customs;
(b)
the Director of the 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 Service of Northern Ireland includes a reference to the Police Service of Northern Ireland 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 within the meaning of this                        Part;                  

(b)a reference to a function of the National Crime Agency is to be construed as a reference to an NCA function within the meaning                        of this Part (unless the context otherwise requires).                  

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

Commencement Information

I37S. 16 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(h)**

## **Part 2**U.K.Courts and Justice

### Administration of justiceU.K.

#### 17Civil and family proceedings in England and WalesU.K.

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

##### “The county courtU.K.

###### A1Establishment 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 Measure, 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 Proceedings Act 1984 before Part 5 insert—                  

##### **“Part 4A**U.K.The family court

###### 31AEstablishment 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 Measure, of the National Assembly for Wales.                  

(2)The family court is to be a court of record and have a seal.”                  

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

(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.                  

Commencement Information

I38S. 17(1)-(3)(6) in force at 22.4.2014 by S.I. 2014/954, **art. 2(a)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

I39S. 17(4) in force at 4.9.2013 by S.I. 2013/2200, **art. 2(a)**

I40S. 17(5) in force at 1.10.2013 for specified purposes by S.I. 2013/1725, **art. 3(a)**

I41S. 17(5) in force at 22.4.2014 in so far as not already in force by S.I. 2014/954, **art. 2(a)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### 18Youth courts to have jurisdiction to grant gang-related injunctionsU.K.

(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 provision in rules of court that is or could be made under section 48(4);”.                  

(3)In section 43(7) (judge before whom person arrested on suspicion of breaching injunction under Part 4 is to be brought) for                        the words from “means” to the end substitute “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 relation 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 the 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 consequential and related amendments in the Policing and Crime Act 2009) has effect.                  

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

#### 19Varying designations of authorities responsible for remanded young personsU.K.

(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 after child and meet costs) is amended as follows.                  

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

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

(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 authority”) 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 place in England and Wales where the child habitually resides.                  

(7B)If in a case to which 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 authority (“B”) as the designated authority for the child in substitution for the authority 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 concerned, the substitution                           of B for the previously-designated authority has effect only for the purposes of regulations under section 103.                  

(7F)Where a replacement designation is made under subsection (7C) during the period of remand concerned, 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 designation, only for the purposes                           of regulations under section 103, and                  

(b)has effect, as respects the remainder of that period, for all of the purposes listed in subsection (6).                  

(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 designation, that court would have designated B instead.                  

(7H)Where a replacement designation is made under subsection (7C) in relation to a remand, the previously-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.                  

#### 20Judicial appointmentsU.K.

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 facilitate 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 President 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 exercise 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 offices is vacant, and                         
          -  Part 7 abolishes the office of assistant Recorder. 

Commencement Information

I42S. 20 in force for certain purposes at Royal Assent, see. s. 61(2)(11)(a)

I43S. 20 in force at 15.7.2013 for specified purposes by S.I. 2013/1725, **art. 2(a)**

I44S. 20 in force at 4.9.2013 for specified purposes by S.I. 2013/2200, **art. 2(b)**

I45S. 20 in force at 1.10.2013 for specified purposes by S.I. 2013/2200, **art. 3(a)**

#### 21Deployment of the judiciaryU.K.

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

(a)the deployment to tribunals of judiciary deployable to tribunals, and                  

(b)the deployment to courts in England and Wales of judiciary deployable to such courts.                  

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

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

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

Commencement Information

I46S. 21 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(b)**

#### 22Transfer of immigration or nationality judicial review applicationsU.K.

(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) (including 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 (Northern 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.                  

Commencement Information

I47S. 22 in force at 1.10.2013 by S.I. 2013/1725, **art. 3(b)**

I48S. 22 in force at 1.11.2013 by S.I. 2013/2200, **art. 5**

#### 23Permission to appeal from Upper Tribunal to Court of SessionU.K.

In section 13 of the Tribunals, Courts and Enforcement Act 2007 (right to appeal from Upper Tribunal) after subsection (6)                     insert—                  

“(6A)Rules of court may make provision for permission not to be granted on an application under subsection (4) to the Court of                           Session that falls within subsection (7) unless the court considers—                  

(a)that the proposed appeal would raise some important point of principle, or                  

(b)that there is some other compelling reason for the court to hear the appeal.”                  

Commencement Information

I49S. 23 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(b)**

#### 24Appeals relating to regulation of the BarE+W

(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 training 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.                  

Commencement Information

I50S. 24 in force at 7.1.2014 by S.I. 2013/3176, **art. 2** (with art. 3)

#### 25Enforcement by taking control of goodsU.K.

(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—                  

(a)the enforcement agent has power to enter the premises under paragraph 14;                  

(b)the enforcement agent reasonably believes that the debtor carries on a trade or business on the premises;                  

(c)the enforcement agent is acting 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 power 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 under 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 power 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 subsection (5), in section 90 of the Tribunals, Courts and Enforcement Act 2007 (regulations                        under Part 3)—                  

(a)omit subsection (4) (procedure for regulations under paragraphs 24(2) and 31(5) of Schedule 12), and                  

(b)in subsection (5) omit “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 execution issued from the county                        court”” substitute “the words from “by execution”, 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) ”.                  

Commencement Information

I51S. 25(1)-(3)(6)(7)(9) in force at 6.4.2014 by S.I. 2014/830, **art. 2**

I52S. 25(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1725, **art. 2(c)**

I53S. 25(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/830, **art. 2**

I54S. 25(5)(8) in force at 15.7.2013 by S.I. 2013/1725, **art. 2(d)**

#### 26Payment of fines and other sumsU.K.

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

##### “75ACosts of collecting sums adjudged to be paid by a conviction

(1)Where a sum is adjudged to be paid 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 collecting 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 collection 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 related 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) insert—                  

##### “36AAll functions of fines officers 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 may 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, references 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” insert                        “ in accordance with any directions under section 139A and, subject to that, in payment ”.                  

(6)In that Act after section 139 insert—                  

##### “139ADisposal 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 from 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 provision for different purposes;                  

(c)may be revoked by directions given by the Secretary of State.”                  

(7)In section 24(2) of the Criminal Justice Act 1991 (regulations about applications by courts for benefit deductions) 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 preserve existing increases under section 75A of the Magistrates'                        Courts Act 1980 (collection costs) or paragraph 42A of Schedule 5 to the Courts Act 2003”.                  

Commencement Information

I55S. 26 partly in force; s. 26 not in force at Royal Assent; s. 26(2) in force at 25.6.2013, see s. 61(2)(6)

#### 27Disclosure of information to facilitate collection of fines and other sumsU.K.

(1)Schedule 5 to the Courts Act 2003 (collection 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 Secretary 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 information to a relevant person.                  

(1B)The disclosure authorised 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—                                 
(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 connection 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 provision                                       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 and 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) (limits on onward disclosure)—                  

(a)for “9A(3)” substitute “ 9A ”, and                  

(b)for the words after “making” substitute “ , 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 information otherwise than in connection with decision mentioned in sub-paragraph (1)) for “as                        is mentioned in that sub-paragraph” substitute “ , order or application as is mentioned in paragraph 9A(1B) ”.                  

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

(a)in paragraph (a) (disclosure in accordance with order of a court etc) after “order of a court” insert “ or of a tribunal established 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 wrongful use or disclosure of disclosed information punishable on summary conviction by a fine                        not exceeding level 4) for the words from “liable” to the end substitute “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 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 section 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 offence 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 Wales                        only) after “(3)” insert “ and to section 27(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C and 10 of Schedule 5) ”.                  

Commencement Information

I56S. 27 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(a)**

#### 28Disclosure of information for calculating fees of courts, tribunals etcU.K.

(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 finances 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)—                  

(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 deciding a fee-remission application, and                  

(b)must not be used otherwise than in connection with deciding a fee-remission application.                  

(4)Subsection (3) does not prohibit—                  

(a)disclosure or use of 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;                  

(b)disclosure or use of information which 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 established by or under an Act, or                  

(iii)a duty imposed by or under an Act or Northern Ireland legislation.                  

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

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

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

(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 Prosecutions for Northern Ireland.                  

(10)In this section—                  
          -  “fee-remission application” means an application for any relief available to recipients of a social security benefit, or tax credit, from fees under                           any of—                          (a)
section 92 of the Courts Act 2003 (court fees),
(b)
section 52 of the Constitutional Reform Act 2005 (Supreme Court fees),
(c)
section 54 of the Mental Capacity Act 2005 (Court of Protection fees),
(d)
section 58 of that Act (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 services 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 staff of the Supreme Court, or
(e)
any of the officers or staff of, or a person providing services to, the Public Guardian appointed for the purposes of the                                    Mental Capacity Act 2005;                                 
 
          -  “social security information” means information which is held for the purposes of functions relating to social security—                          (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.                                 
 

Commencement Information

I57S. 28 in force at 22.4.2014 by S.I. 2014/954, **art. 2(b)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### 29Supreme Court chief executive, officers and staffU.K.

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

“(2)It is for the President of the Court to appoint the chief executive.”                  

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

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

(a)for “these matters with the agreement of the Lord Chancellor—” substitute “ the following matters— ”, and                  

(b)for “subsection” substitute “ 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 arrangements apply to chief executive, officers and staff) for “The” at the beginning                        substitute “ Accordingly, the ”.                  

Commencement Information

I58S. 29 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(e)**

#### 30Supreme Court security officersU.K.

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

##### “Court securityU.K.

###### 51ASecurity 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 give 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 51B to 51E, a Supreme Court security officer who is not readily identifiable 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 Supreme Court, or of the Judicial Committee of the Privy Council, is carried on, and                  

(b)to which the public has access.                  

###### 51BPowers of search, exclusion, removal and restraint

(1)A Supreme Court security officer acting in the execution of the officer's duty may search—                  

(a)any person who is in, or seeking to enter, a court building, and                  

(b)any article in the possession of such a person.                  

(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 acting in the execution of the officer's duty may exclude or remove from a court building,                           or a part of a court building, any person who refuses—                  

(a)to permit a search under 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 acting 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 Supreme 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 acting 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.                  

###### 51CSurrender, seizure and retention of knives and other articles

(1)If a Supreme Court security officer 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 enter, a court building ought to be surrendered on any of the grounds given                           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 maintenance 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 who surrendered it, or from whom it was seized, is leaving the court building.                  

(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) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme                           Court security 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 retained in accordance with regulations under section 51D(3) unless returned or disposed of                        in accordance with those regulations or regulations under section 51D(1).                  

(7)If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation 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.                  

###### 51DRegulations about retention of knives and other articles

(1)The Lord Chancellor may by regulations 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                  

(ii)from whom articles have been seized under that subsection,                  

of written information about the powers of retention of Supreme Court security officers,                  

(b)the keeping of records about 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 articles at the end of that period.                  

(2)In subsection (1) “unclaimed article” means an article—                  

(a)which has been retained under section 51C,                  

(b)which a person is entitled to have returned,                  

(c)which has not been returned, and                  

(d)whose return has not been requested by a person entitled to it.                  

(3)Without prejudice to the generality 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)the making of requests by eligible persons for the return of knives so retained;                  

(c)the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.                  

(4)In subsection (3)—                  
          -  “eligible person”, in relation to a knife retained under section 51C, means—                          (a)
the person who surrendered 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.                         

###### 51EAssaulting 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 under 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 the officer's duty                           commits an offence.                  

(5)A person guilty of an offence under 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 chief executive) after “under                        section 49(1)” insert “ or 51A(1)(a) or (b) ”.                  

Commencement Information

I59S. 30 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(c)**

#### 31Making, and use, of recordings of Supreme Court proceedingsU.K.

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

(2)After subsection (1) insert—                  

“(1A)In the case of a recording of Supreme Court proceedings, subsection (1)(b) does not apply to its publication or disposal with                           the leave of the Court.”                  

(3)In subsection (2) (leave under subsection (1)(a): grant, 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 which the leave relates;                  

and ”.                  

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

“(d)to publish or dispose of any recording in contravention of any conditions of leave granted under subsection (1A).”                  

#### 32Enabling the making, and use, of films and other recordings of proceedingsE+W

(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 prescribed conditions                        are met, including conditions as to a court or tribunal or any other person being satisfied as to anything or agreeing;                  

(c)does not apply in relation to prescribed 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 permission, and no public playing of recordings).                  

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

(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, despite the order,                        disapplied in relation to the proceedings only if conditions specified in the direction are met.                  

(4)No appeal may be made against—                  

(a)a direction given under subsection (3), or                  

(b)a decision not to give a direction 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-recordings, 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 section do not apply in relation to Supreme Court proceedings.                  

(7)In section 41 of the Criminal Justice 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.”                  

Commencement Information

I60S. 32 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(f)**

#### 33Abolition of scandalising the judiciary as form of contempt of courtE+W

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

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

### Publishers of news-related material: damages and costsE+W

#### 34Awards of exemplary damagesE+W

#### 35Relevant considerationsE+W

#### 36Amount of exemplary damagesE+W

#### 37Multiple claimantsE+W

#### 38Multiple defendantsE+W

#### 39Awards of aggravated damagesE+W

Prospective

#### 40Awards of costsE+W

#### 41Meaning of “relevant publisher”E+W

#### 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Self-defenceU.K.

#### 43Use of force in self-defence at place of residenceU.K.

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

(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 disproportionate 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, that is a dwelling or is forces                           accommodation (or is both),                  

(c)D is not a trespasser at the 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 subsection (8A)                        as a part of 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 subsection (8A)                        as a part of a building that is forces accommodation.                  

(8D)Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).                  

(8E)The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person                           from being a trespasser for the purposes of subsection (8A).                  

(8F)In subsections (8A) to (8C)—                  
          -  “building” includes a vehicle or vessel, and                         
          -  “forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a)                              or (b) of that Act.”                         

(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 does not apply in respect of force used before the amendment comes into force.                  

### Community and other non-custodial sentencingU.K.

#### 44Dealing non-custodially with offendersU.K.

Schedule 16 (which makes provision about community orders, restorative justice, community requirements in suspended sentence                     orders, compensation orders and fines etc) has effect.                  

Commencement Information

I67S. 44 in force at 11.12.2013 for specified purposes by S.I. 2013/2981, **art. 2(b)(c)**

### Deferred prosecution agreementsU.K.

#### 45Deferred prosecution agreementsU.K.

Schedule 17 makes provision about deferred prosecution agreements.

Commencement Information

I68S. 45 in force at 24.2.2014 by S.I. 2014/258, **art. 2(a)**

### Proceeds of crimeU.K.

#### 46Restraint orders and legal aidU.K.

(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 order is made under subsection (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, or                  

(ii)the amount of the payments that may be made in reliance on the exception,                  

(b)must be made subject to other 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” means 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 “section” insert “ 41(5A), ”, and                  

(b)in subsection (6)(a), after “section” insert “ 41(5A), ”.                  

Commencement Information

I69S. 46(1) in force at 20.3.2015 for specified purposes by S.I. 2015/813, **art. 2(a)(i)**

I70S. 46(5) in force at 20.3.2015 for specified purposes by S.I. 2015/813, **art. 2(a)(ii)**

I71S. 46(6)(7) in force at 20.3.2015 by S.I. 2015/813, **art. 2(a)(iii)**

#### 47Restraint orders and legal aid: supplementaryU.K.

(1)The Secretary of State may by regulations—                  

(a)make provision about the 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 reference 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 aid                        payment remains unpaid, in circumstances in which the order would otherwise have to be discharged;                  

(c)provision about powers of investigation for the purpose of identifying property that may be used to make relevant legal aid                        payments, including powers exercisable where 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 payments may or must be satisfied in such cases;                  

(e)provision about powers of entry, search and seizure;                  

(f)provision about the payment of compensation 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 modifying a function;                  

(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 enactment 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.                  

Commencement Information

I72S. 47 in force at 20.3.2015 by S.I. 2015/813, **art. 2(b)**

#### 48Civil recovery of the proceeds etc of unlawful conductU.K.

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

(2)After section 282 insert—                  

##### “Scope of powersU.K.

###### 282AScope of powers

(1)An order under this Chapter may 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 Court in England and Wales or the Court of Session in respect of—                  

(a)property that is outside 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 connection 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.”                  

(3)After Schedule 7 insert—                  

 Section 282A

##### “Schedule 7AU.K.Connection with relevant part of United Kingdom

###### Unlawful conductU.K.

1There is a connection where the unlawful conduct occurred entirely or partly in the relevant part of the United Kingdom.

###### PropertyU.K.

2There 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.

3There 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.

4There 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 relation to the unlawful conduct.

###### PersonU.K.

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 the property in question;                  

(d)a person who has held the property in question, but only if it was recoverable property in relation 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, has held other property that was recoverable property in relation to the unlawful conduct at the                           time.                  

(3)A person is linked to the relevant part of the United Kingdom if the person is—                  

(a)a British citizen, a British overseas 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 within the meaning of that Act,                  

(d)a body incorporated or constituted 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 trustU.K.

6(1)There is a connection where the property 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” includes beneficiaries with a contingent interest in the trust property and potential beneficiaries.                  

###### InterpretationU.K.

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 property in question represents property obtained through unlawful 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 property 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 interpretation), after subsection (8A) insert—                  

“(8B)An enforcement authority in relation to England and Wales or Scotland may take proceedings there for an order 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.”                  

(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 enforcement of interim orders in the United Kingdom, and                  

(b)Part 2 makes provision about enforcement where property or evidence is outside the United Kingdom.                  

(7)The amendments made by this section 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, apply in respect of persons or property outside the                        United Kingdom or outside a particular part of the United Kingdom.                  

Extent Information

E4S. 48(2)(3)(5)(6)(7): "the relevant civil recovery provisions" as specified in Sch. 25 para. 1, and to the extent there specified,                              do not extend to Northern Ireland, see Sch. 25 para. 2

E5S. 48(2)(3)(5)(6)(7) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(a)**

Commencement Information

I73S. 48 partly in force; s. 48(1)-(5)(6)(b)(7)(8) in force at Royal Assent, see s. 61(11)(c)

#### 49InvestigationsU.K.

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 obtaining evidence overseas, and                  

(c)Part 3 makes consequential amendments relating to immigration officers and to the National Crime Agency.                  

Extent Information

E6S. 49 extended in part (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I74S. 49(b) in force at 22.11.2014 for specified purposes by S.I. 2014/3098, **art. 3**

### ExtraditionU.K.

#### 50ExtraditionU.K.

Schedule 20 (extradition) has effect.

Commencement Information

I75S. 50 in force at 29.7.2013 for specified purposes for E.W. by S.I. 2013/1682, **art. 2(2)(a)**

I76S. 50 in force at 29.7.2013 for specified purposes by S.I. 2013/1682, **art. 2(1)(a)**

I77S. 50 in force at 18.9.2013 for specified purposes and 14.10.2013 for specified purposes for E.W.N.I. by S.I. 2013/2349, **art. 2**

## **Part 3**U.K.Miscellaneous and general

### Border controlU.K.

#### 51Immigration cases: appeal rights; and facilitating combined appealsU.K.

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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

(a)in subsection (1) (list of provisions under which certificates may be issued) omit “96(1) or (2),”, and                  

(b)in the title, for “96 to” substitute “ 97 and ”.                  

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

Textual Amendments

F4S. 51(1) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), **Sch. 9 para. 60** table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F5S. 51(3) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), **Sch. 9 para. 7** table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Commencement Information

I78S. 51 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(i)**

#### F652Appeals against refusal of entry clearance to visit the U.K.

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

Textual Amendments

F6S. 52 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), **Sch. 9 para. 60** table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

#### F753Restriction on right of appeal from within the United KingdomU.K.

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

Textual Amendments

F7S. 53 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), **Sch. 9 para. 60** table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

#### 54Deportation on national security grounds: appealsU.K.

(1)Section 97A of the Nationality, Immigration 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 whom a deportation                           order has been made which states that it is made in accordance 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 Special Immigration Appeals Commission Act 1997 (whether appeals brought against decisions certified under                           section 97 may be brought from within 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 bring or continue an appeal under section 2 of the Special Immigration Appeals                           Commission Act 1997—                  

(a)against the decision to make the deportation order, or                  

(b)against any refusal to revoke the deportation order,                  

unless the person has made a human rights claim while in the United Kingdom.                  

(2B)Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State                           certifies that removal of the person—                  

(a)to the country or territory to which 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 Kingdom'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 allow 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 which 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 Kingdom's obligations under the Human Rights Convention.                  

(2E)In subsection (2D) “non-human-rights ground” means any ground other than the ground that removal of the person from the United Kingdom in consequence of the decision                           to make the deportation order would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with a                           person's Convention rights.                  

(2F)If a certificate in respect of a person is given under subsection (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 the certificate should                           be set aside, must apply the principles that would be applied in judicial review proceedings.                  

(2H)The Commission's determination 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 subsection (2F) is not to be removed                           from the United Kingdom at a time 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 reviews under subsection (2F)                           (and to 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 (2F) is to be with                           a view to securing that proceedings on such reviews are handled expeditiously.”                  

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

Commencement Information

I79S. 54 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(c)**

#### 55Powers of immigration officersU.K.

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

“(ha)an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and                           who is designated for the purposes of this paragraph 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 immigration 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 amended in accordance with 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 officer”), in subsection (1),                        after paragraph (a) insert—                  

“(aa)an immigration officer;”;                  

(b)in section 127A (search and seizure 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 (appropriate officers and senior appropriate officers for the purposes of investigations under                        Part 8 of that Act)—                  

(a)in subsection (1) (appropriate officers for confiscation investigations), after paragraph (d) insert—                  

“(e)an immigration officer.”;                  

(b)in subsection (2) (senior appropriate 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) (appropriate officers for detained cash investigations), after paragraph (b) insert—                  

“(c)an immigration officer.”;                  

(d)in subsection (4) (appropriate officers for money laundering investigations), after paragraph (c) insert—                  

“(d)an immigration officer.”;                  

(e)in subsection (6) (senior appropriate 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 section 24 (seizure of cash by immigration officers under Proceeds of Crime Act 2002)—                  

(a)in subsection (2), for paragraphs (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 may exercise a power under sections 136 to 139 of the 1994 Act only—                  

(a)in the exercise of a function 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 (including a function which relates to conditions or other                        controls on any such entitlement),                  

(b)in exercising a function under, 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,                  

(v)the British Overseas Territories Act 2002,                  

(vi)an instrument made under any of those Acts, or                  

(c)in connection with the prevention, investigation or prosecution of any of the following offences (insofar as that does not                        involve the exercise of a function which falls within 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 (detention and questioning at office of Revenue and Customs)—                  

(a)in subsection (1), in the words before 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 officer 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 the words after paragraph (b)—                  

(i)after “Customs” (in the first place) insert “ (in a case falling within subsection (A1)(a)) or police station (in a case falling within subsection (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 provision becomes subsection (1) of section 26A;                  

(b)in subsection (1), for “an authorised officer” substitute “ 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 immigration enforcement offence has been or is being committed, the officer may arrest without warrant any person whom                           the officer has reasonable grounds for suspecting to be guilty of the offence.                  

(3)In this section—                  

(a)“authorised officer of Revenue and Customs” means an officer of Revenue and Customs acting with the authority (which may be general or specific) of the Commissioners                           for Her Majesty's Revenue and Customs;                  

(b)“authorised immigration officer” means an immigration officer acting with the authority (which may be general or specific) of the Secretary of State.”                  

(12)In section 26B of the 1995 Act (interpretation 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 (including 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 officers 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 from “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 Secretary of State that an immigration officer,                  

had the authority”.                  

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

Commencement Information

I80S. 55(1)(2) in force at 25.6.2013 by S.I. 2013/1042, **art. 4(d)**

I81S. 55(3) in force at 25.6.2013 for specified purposes by S.I. 2013/1042, **art. 4(e)**

I82S. 55(3) in force at 22.11.2014 for specified purposes by S.I. 2014/3098, **art. 2(a)**

I83S. 55(4) in force at 22.11.2014 by S.I. 2014/3098, **art. 2(b)**

I84S. 55(5) in force at 25.6.2013 by S.I. 2013/1042, **art. 4(f)**

I85S. 55(6)-(13) in force at 25.6.2013 by S.I. 2013/1042, **art. 4(g)**

I86S. 55(14) in force at 25.6.2013 for specified purposes by S.I. 2013/1042, **art. 4(h)**

I87S. 55(14) in force at 22.11.2014 for specified purposes by S.I. 2014/3098, **art. 2(c)**

### Drugs and drivingU.K.

#### 56Drugs and drivingU.K.

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

##### “5ADriving 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 prescribed or supplied, and with                           any accompanying instructions (so far as consistent with any such directions) given by the manufacturer 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 regulations made under section 7 of that Act (authorisation                           of activities otherwise unlawful under foregoing provisions).                  

(4)The defence in subsection (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, about 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 sufficient to raise an issue with respect to the defence in subsection (3), the court must                           assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.                  

(6)It is a defence for a person (“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 vehicle whilst the                           proportion of the 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 whether 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 relation to driving or attempting to drive, or being in charge of a vehicle, in England and                           Wales;                  

(b)by the Scottish Ministers, in relation 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 meaning 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 (provisions as to regulations), in subsection (3), and in subsections (4) and (4A) (regulations                        subject to affirmative resolution procedure), before “8(3)” insert “ 5A, ”.                  

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

(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.                  

Commencement Information

I88S. 56 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

### Public orderU.K.

#### 57Public order offencesU.K.

(1)The Public Order Act 1986 is amended as follows.                  

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

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

Commencement Information

I89S. 57 in force at 1.2.2014 by S.I. 2013/2981, **art. 3**

### GeneralU.K.

#### 58Orders and regulationsU.K.

(1)Orders and regulations made 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-affirmative 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 the definition of “permitted purpose” in section 16(1);                  

(f)an order under paragraph 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;                  

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

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

(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 repeals any provision of primary legislation, in which case it may not be                        made unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.                  

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

(a)make different provision for different purposes or areas,                  

(b)include supplementary, incidental or consequential provision, or                  

(c)make transitional, transitory or saving provision.                  

(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 National Assembly for Wales, or
(d)
Northern Ireland legislation;
 
          -  “super-affirmative procedure” means the procedure provided for by Schedule 23.                         

#### 59Consequential amendmentsU.K.

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

(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.                  

#### 60Transitional, transitory or saving provisionU.K.

The Secretary of State or Lord Chancellor 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 force 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).                  

#### 61Short title, commencement and extentU.K.

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

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

(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.                  

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

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

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

(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 which 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 (except 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.                  

F8(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

(15)Except as provided by subsections (13) F9..., 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 (which amendments, accordingly, extend to England and Wales,                        Scotland and Northern Ireland only).                  

(18)This section is subject to Schedule 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 Council 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 Man) is                        exercisable in relation to 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.                  

Textual Amendments

F8S. 61(14) repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, **Sch. 7** (with Sch. 5)

F9Words in s. 61(15) repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, **Sch. 7** (with Sch. 5)

# SCHEDULES

 Section 1

## SCHEDULE 1U.K.The NCA & NCA officers

### **Part 1**U.K.The NCA

#### Functions exercisable on behalf of CrownU.K.

1U.K.NCA functions are exercisable on behalf of the Crown.

Commencement Information

I90Sch. 1 para. 1 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### Efficiency and effectivenessU.K.

2U.K.It is the duty of the Director General to secure that NCA functions are discharged efficiently and effectively.

Commencement Information

I91Sch. 1 para. 2 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### Financial yearU.K.

3(1)The first financial year of the NCA is the period that—U.K.

(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.

Commencement Information

I92Sch. 1 para. 3 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### ChargingU.K.

4(1)The NCA may charge a person for any service provided at the person's request.U.K.

(2)This paragraph has effect subject to Part 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) which is provided by means of the exercise of any NCA                        function.

Commencement Information

I93Sch. 1 para. 4 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### Activities not limited to dealing with serious or organised crimeU.K.

5(1)For the purposes of the discharge of NCA functions which relate to organised crime or serious crime, an NCA officer may, in                        particular, carry on activities in relation to any kind of crime (whether or not serious or organised).U.K.

(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.

Commencement Information

I94Sch. 1 para. 5 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### Activities in ScotlandU.K.

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.U.K.

(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 offence has been committed (or is being committed) in Scotland, the NCA officer must report                        the matter to the procurator fiscal (or ensure that the matter is so reported by another NCA officer) as soon as is practicable.

Commencement Information

I95Sch. 1 para. 6 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

### **Part 2**U.K.NCA officers

#### Selection and appointment of the Director GeneralU.K.

7(1)The Secretary of State is to select and appoint the Director General, after consultation with—U.K.

(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 exercising operational powers; and

(b)is a suitable person to exercise operational powers.

(3)A person need not be an NCA officer 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 appointment (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 Constitutional Reform and Governance Act 2010 (appointments of civil servants) do not apply to the                        appointment of the Director General.

Extent Information

E7Sch. 1 para. 7(1)(b): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there                              specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

E8Sch. 1 para. 7(1)(b) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(1)(c)(i)**

Commencement Information

I96Sch. 1 para. 7 in force at 27.5.2013 by S.I. 2013/1042, **art. 3(i)**

#### Resignation or retirement of the Director General at request of Secretary of StateU.K.

8(1)The Secretary of State may call upon the Director General to resign or retire—U.K.

(a)in the interests of efficiency 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 General 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 proposing to call for the resignation                        or retirement;

(b)give the Director General the opportunity to make written representations about the proposal to call for the resignation or                        retirement; and

(c)consider any written representations made by the Director General.

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

Extent Information

E9Sch. 1 para. 8(3)(b): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there                              specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

E10Sch. 1 para. 8(3)(b) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(1)(c)(ii)**

Commencement Information

I97Sch. 1 para. 8 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### Selection of other NCA officers for appointmentU.K.

9(1)The Director General is to select other persons for appointment as National Crime Agency officers.U.K.

(2)The terms and conditions of an appointment as an NCA officer (other than as Director General) are to be determined by the                        Director General with the agreement of the Minister for the Civil Service.

(3)This paragraph does not apply to NCA specials.

Commencement Information

I98Sch. 1 para. 9 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### Delegation of Director General's functionsU.K.

10(1)The Director General may arrange for any function of the Director General to be exercised by a senior NCA officer who is designated                        for the purpose by the Director General.U.K.

(2)A designation under this paragraph 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.

(5)In this paragraph “senior NCA officer” means an NCA officer who is at, or above, a grade specified for this purpose by the Secretary of State in the framework                        document.

Modifications etc. (not altering text)

C5Sch. 1 para. 10 excluded by 2000 c. 23, s. 55(3A) (as substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), **Sch. 8 para. 93(3)**; S.I. 2013/1682, art. 3(v))

Commencement Information

I99Sch. 1 para. 10 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### ContinuityU.K.

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.U.K.

(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.

Commencement Information

I100Sch. 1 para. 11 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### Persons with operational powers who become NCA officersU.K.

12(1)If a person holds a relevant office when the person becomes an NCA officer (the “ existing office ”), the person's holding of the existing office—U.K.

(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 holder of the existing office.

(2)Sub-paragraph (1) ceases 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 constable, officer of Revenue and Customs, or immigration officer), apart from the office of special                        constable or constable in the Police Service of Northern Ireland Reserve.

Commencement Information

I101Sch. 1 para. 12 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### Secondments to NCAU.K.

13(1)The Director General may make arrangements for persons to be seconded to the NCA to serve as National Crime Agency officers.U.K.

(2)A member of a police force on temporary 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.

Commencement Information

I102Sch. 1 para. 13 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### Secondments by NCAU.K.

14(1)The Director General may make arrangements for NCA officers to be seconded to a UK police force.U.K.

(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).

Commencement Information

I103Sch. 1 para. 14 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

#### NCA specialsU.K.

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”).U.K.

(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 because of exceptional circumstances.

(4)Sub-paragraph (1) does not prevent provision being made for—

(a)the reimbursement of the expenses of NCA specials,

(b)the subsistence, accommodation or training of NCA specials, and

(c)the payment of sums to, or in respect of, current or former NCA 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 privileges 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 Ireland 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 regulations 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 privilege 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.

Commencement Information

I104Sch. 1 para. 15 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(b)**

 Section 4

## SCHEDULE 2U.K.The framework document & annual report

### **Part 1**U.K.The framework document

#### The documentU.K.

1(1)The framework document is a document which deals with ways in which the NCA is to operate, including—U.K.

(a)ways in which NCA functions are to be exercised (including arrangements for publishing information 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.

Commencement Information

I105Sch. 2 para. 1 in force at 27.5.2013 by S.I. 2013/1042, **art. 3(j)**

#### Duty to issue documentU.K.

2U.K.The Secretary of State must—

(a)issue the framework document;

(b)keep the framework document 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).

Commencement Information

I106Sch. 2 para. 2 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(e)**

#### Duty to have regard to documentU.K.

3U.K.The Secretary of State must have regard to the framework document in exercising functions in relation to the NCA, the Director                        General or any other NCA officer.

Commencement Information

I107Sch. 2 para. 3 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(e)**

#### Role of Director GeneralU.K.

4(1)The Secretary of State must—U.K.

(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).

Commencement Information

I108Sch. 2 para. 4 in force at 27.5.2013 by S.I. 2013/1042, **art. 3(j)**

#### Consultation with devolved administrationsU.K.

5U.K.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.                  

Extent Information

E11Sch. 2 para. 5(b): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified,                              do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

E12Sch. 2 para. 5(b) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(1)(d)(i)**

Commencement Information

I109Sch. 2 para. 5 in force at 27.5.2013 by S.I. 2013/1042, **art. 3(j)**

#### Publication & distributionU.K.

6(1)This paragraph applies on each occasion when the Secretary of State issues a framework document.U.K.

(2)The Secretary of State must—

(a)arrange for the framework document 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 document before Parliament.

(3)The Scottish Ministers must lay a copy of the framework document before the Scottish Parliament.

(4)The Department of Justice in Northern Ireland must lay a copy of the framework document before the Northern Ireland Assembly.

(5)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) as it applies                        in relation to the laying of a statutory document under an enactment.

Extent Information

E13Sch 2 para. 6(2)(b)(ii)(4)(5): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent                              there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

E14Sch. 2 para. 6(2)(b)(ii)(4)(5) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(1)(d)(ii)**

Commencement Information

I110Sch. 2 para. 6 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(e)**

### **Part 2**U.K.The annual report

#### Duty to issue reportU.K.

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”).U.K.

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

Commencement Information

I111Sch. 2 para. 7 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(e)**

#### Publication & distributionU.K.

8(1)The Director General must—U.K.

(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.

(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 Justice in Northern Ireland must lay a copy of the annual report before the Northern Ireland Assembly.

(5)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) as it applies                        in relation to the laying of a statutory document under an enactment.

Extent Information

E15Sch. 2 para. 8(4)(5): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there                              specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

E16Sch. 2 para. 8(4)(5) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **3(1)(d)(iii)**

Commencement Information

I112Sch. 2 para. 8 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(e)**

 Section 5

## SCHEDULE 3U.K.Relationships between NCA and other agencies

### **Part 1**U.K.Co-operation

#### Duty to co-operateU.K.

1(1)It is the duty of NCA officers to co-operate with the persons listed in sub-paragraph (3) for the purpose of assisting those                        persons in their activities to combat crime.U.K.

(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 the purpose of assisting NCA officers in the discharge of any NCA function.

(3)The persons mentioned in sub-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 Serious 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.

Extent Information

E17Sch. 3 para. 1(2): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified,                              do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I113Sch. 3 para. 1 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Co-operation arrangementsU.K.

2U.K.For the purposes of the discharge of any function of the NCA, the NCA may enter into arrangements for co-operating with other                        persons (in the United Kingdom or elsewhere).

Commencement Information

I114Sch. 3 para. 2 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

### **Part 2**U.K.Exchange of information

#### Duty to keep NCA informed & disclose information: police forcesU.K.

3(1)The chief officers of each UK police force must keep the Director General informed of any information held by that police                        force which appears to the chief officer to be relevant to the exercise by the NCA of—U.K.

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

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

Extent Information

E18Sch. 3 para. 3: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified,                              do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I115Sch. 3 para. 3 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Duty to keep police forces informedU.K.

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 Director General to be relevant to the exercise by that chief officer                        or any other member of that police force of any functions.U.K.

(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 obtained (whether directly or indirectly) from that chief officer or any                        other member of that police force.

Commencement Information

I116Sch. 3 para. 4 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Duty to keep NCA informed: government bodiesU.K.

5(1)Each specified body must keep the Director General informed of any information held by that body which—U.K.

(a)is held in connection with the exercise of a relevant function of that body, and

(b)appears to that body to be relevant 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 directly or indirectly) from the NCA.

(4)This paragraph does not require the Director of the Serious Fraud Office to keep the Director General informed of, or to disclose                        to the NCA, any information obtained under section 2(2) or (3) of the Criminal Justice Act 1987 (information which the Director                        of the SFO may require a person to produce etc).

Commencement Information

I117Sch. 3 para. 5 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Duty to keep government bodies informedU.K.

6(1)The Director General must keep each specified body informed of any information obtained by the NCA in the exercise of any                        NCA function which appears to the Director General to be relevant to the exercise by that specified body of any relevant function                        for the purposes of carrying out activities to combat crime.U.K.

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

Commencement Information

I118Sch. 3 para. 6 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Meaning of “specified body” & “relevant function”U.K.

7U.K.In paragraphs 5 and 6—

(a)“specified body” means a body specified 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.

Commencement Information

I119Sch. 3 para. 7 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

### **Part 3**U.K.Assistance within the UK

#### Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of ManU.K.

8(1)The Director General may provide assistance to—U.K.

(a)a UK police force, or

(b)an Island police force;

if the chief officer of the police force 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 paragraph only if the chief officer, or agency, considers that the police force, or agency,                        has a special need for the Director General to provide assistance.

(4)A request under this paragraph must—

(a)state the special need for assistance, and

(b)specify the assistance that is wanted.

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

Commencement Information

I120Sch. 3 para. 8 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Voluntary assistance to NCA: the UKU.K.

9(1)The chief officer of a UK police force may provide assistance to the NCA if the Director General requests assistance to be                        provided.U.K.

(2)A UK law enforcement agency may provide assistance to the NCA if the Director General requests assistance 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 assistance that is wanted.

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

Commencement Information

I121Sch. 3 para. 9 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Directed assistance by NCA: England and Wales police etcU.K.

10(1)The Secretary of State may direct the Director General to provide specified assistance to—U.K.

(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 the 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 parts of the United Kingdom),

charged with the duty of investigating or prosecuting offences (apart from a UK police force).

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

Commencement Information

I122Sch. 3 para. 10 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Directed assistance to NCA: England and Wales police etcU.K.

11(1)The Director General may direct any of the following to provide specified assistance to the NCA—U.K.

(a)the chief officer of an England and Wales police force;

(b)the Chief Constable of the British Transport Police;

(c)the Commissioners for Her Majesty's Revenue and Customs;

(d)the Director of the Serious Fraud Office;

(e)the Director of Border Revenue.

(2)A direction may be given under 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 “appropriate consent” means—

(a)the consent of the Secretary of State (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 the 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).

Commencement Information

I123Sch. 3 para. 11 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Directed assistance by NCA: ScotlandU.K.

12(1)The Scottish Ministers may direct the Director General to provide specified assistance to the Police Service of Scotland.U.K.

(2)A direction may be given under this paragraph only if—

(a)it appears to the Scottish Ministers 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.

Commencement Information

I124Sch. 3 para. 12 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Directed assistance to NCA: ScotlandU.K.

13U.K.The Scottish Ministers may direct the chief constable of the Police Service of Scotland to provide specified assistance to                        the NCA if it appears to the Scottish Ministers that it is appropriate for the NCA to receive directed assistance from the                        chief constable.

Commencement Information

I125Sch. 3 para. 13 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Directed assistance by NCA: Northern IrelandE+W+S

14(1)The Department of Justice in Northern Ireland may direct the Director General to provide specified assistance to the Police                        Service of Northern Ireland.E+W+S

(2)A direction may be given under this paragraph only if—

(a)it appears to the Department of Justice 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.

Extent Information

E19Sch. 3 para. 14: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend                              to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I126Sch. 3 para. 14 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Directed assistance to NCA: Northern IrelandE+W+S

15(1)The Department of Justice in Northern Ireland may direct the Chief Constable of the Police Service of Northern Ireland to                        provide specified assistance to the NCA if it appears to the Department that it is appropriate for the NCA to receive directed                        assistance from the Chief Constable.E+W+S

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

(a)the Northern Ireland Policing Board, and

(b)any other persons the Department considers it appropriate to consult.

Extent Information

E20Sch. 3 para. 15: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend                              to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I127Sch. 3 para. 15 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### When is it appropriate for a person to receive directed assistance?U.K.

16U.K.For the purposes of this Part of this Schedule, it is appropriate for a person (“R”) to receive directed assistance from another                        person (“P”) if—

(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.

Commencement Information

I128Sch. 3 para. 16 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Voluntary or directed assistance: particular assistance that may be providedU.K.

17(1)A person may provide any of the following in response to a request for assistance, and a direction may require the provision                        of any of the following—U.K.

(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 enforcement 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 any provision of this Part of this Schedule;                         
          -  “request for assistance” means such a request under any provision of this Part of this Schedule.                         

Commencement Information

I129Sch. 3 para. 17 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Voluntary or directed assistance: control of individuals provided for assistanceU.K.

18(1)An individual who is provided under this Part of this Schedule—U.K.

(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.

Commencement Information

I130Sch. 3 para. 18 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

### **Part 4**U.K.Use of police facilities etc by NCA

#### Voluntary arrangements: police forces outside LondonU.K.

19(1)The Director General and a relevant body (or both those bodies) may make arrangements for the NCA to use facilities made available                        by the police force maintained for a police area listed in Schedule 1 to the Police Act 1996 (police areas in England and                        Wales outside London).U.K.

(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.

Commencement Information

I131Sch. 3 para. 19 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Voluntary arrangements: the metropolitan police forceU.K.

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.U.K.

(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.

Commencement Information

I132Sch. 3 para. 20 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Voluntary arrangements: the City of London police forceU.K.

21U.K.The Director General and the Common Council of the City of London (in its capacity as police authority for the City of London                        police area) may make arrangements for the NCA to use facilities made available by the City of London police force.

Commencement Information

I133Sch. 3 para. 21 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Voluntary arrangements: immigration or customs facilitiesU.K.

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.U.K.

(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 facilities 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, or
(b)
the Director of Border Revenue.
 

Commencement Information

I134Sch. 3 para. 22 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Directed arrangements: England and Wales police forcesU.K.

23(1)If it appears to the Secretary of State that—U.K.

(a)it is expedient for relevant parties 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 those 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.

Commencement Information

I135Sch. 3 para. 23 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Voluntary arrangements: Police Service of Northern IrelandU.K.

24U.K.The Director General may make arrangements with the Northern Ireland Policing Board for the NCA to use facilities made available                        by the Police Service of Northern Ireland.

Commencement Information

I136Sch. 3 para. 24 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Directed arrangements: Police Service of Northern IrelandE+W+S

25E+W+SIf it appears to the Department of Justice in Northern Ireland—

(a)that it is expedient for the Director 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 the Policing Board                     to make specified arrangements under paragraph 24.                  

Extent Information

E21Sch. 3 para. 25: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified,                              do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I137Sch. 3 para. 25 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Arrangements: terms, variation and terminationU.K.

26(1)Facility-sharing arrangements must specify or describe the facilities which are to be made available for use by the NCA under                        the arrangements.U.K.

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

(3)But the arrangements may not be terminated without 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 Northern 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 this Part of this Schedule.

Extent Information

E22Sch. 3 para. 26(3)(b): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there                              specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I138Sch. 3 para. 26 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Consultation before directionU.K.

27U.K.Before a person (“D”) gives a direction under this Part of this Schedule to another person (“P”), D must—

(a)notify P of the proposal to give the direction, and

(b)consider any representations made by P.

Commencement Information

I139Sch. 3 para. 27 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### FacilitiesU.K.

28U.K.In this Part of this Schedule “facilities” means—

(a)premises,

(b)equipment, and

(c)other material, facilities and services.

Commencement Information

I140Sch. 3 para. 28 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

### **Part 5**U.K.Payment for tasks, assistance or facilities

#### Payments by Director GeneralU.K.

29(1)The Director General must pay the appropriate amount to the fundholding body for a UK police force if—U.K.

(a)the chief officer of that police force performs a task—

(i)in response to a request under section 5, or

(ii)in accordance with a direction under that section;

(b)the chief officer of that police force provides the NCA 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; or

(c)facility-sharing arrangements are made under Part 4 of this Schedule (whether voluntarily or in accordance 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 direction under Part 3 of this Schedule; or

(c)facility-sharing arrangements are made under Part 4 of this Schedule (whether voluntarily or in accordance with a direction)                        for the NCA to use facilities made available by that agency.

Commencement Information

I141Sch. 3 para. 29 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Payments by policeU.K.

30U.K.The fundholding body for a UK police force must pay the appropriate amount to the Director General if—

(a)the Director General performs a task in response to a request by the chief officer of that police 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.

Commencement Information

I142Sch. 3 para. 30 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Payments by law enforcement agenciesU.K.

31U.K.A UK law enforcement agency must pay the appropriate amount to the Director General if—

(a)the Director General performs a task 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.

Commencement Information

I143Sch. 3 para. 31 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### The “appropriate amount”U.K.

32(1)In any provision of this Part of this Schedule which requires one person (“R”) to pay the appropriate amount to another person                        (“P”), “appropriate amount” means—U.K.

(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 consult 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 investigating 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, charged with the duty of                                    investigating or prosecuting offences.                                 
 

Commencement Information

I144Sch. 3 para. 32 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

### **Part 6**U.K.General

#### Directed tasking or assistance: power to amend those who may be directedU.K.

33(1)The Secretary of State may, by order, amend section 5 or paragraph 11 of this Schedule by making any of the following kinds                        of provision—U.K.

(a)provision adding a person or category of persons to the relevant list;

(b)provision imposing on the Director General a requirement to obtain the consent of one or more persons before giving a direction                        to—

(i)a person added to the relevant list by virtue of sub-paragraph (a), or

(ii)a person within a category of persons so added;

(c)provision removing from the relevant 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 add 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 only 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 persons 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 may give directions, or

(b)in relation to paragraph 11 of this Schedule, the list of persons in sub-paragraph (1) to whom the Director General may give                        directions.

Commencement Information

I145Sch. 3 para. 33 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### Duty to provide information etc: power to amend specified bodies etcU.K.

34(1)The Secretary of State may, by order, amend paragraph 7 of this Schedule by making any of the following kinds of provision—U.K.

(a)provision adding a person to the specified bodies in the relevant table;

(b)provision specifying in the relevant table one or more relevant functions in relation to—

(i)the Secretary of State, or

(ii)a person added to the specified bodies by virtue of sub-paragraph (a);

(c)provision removing from the relevant 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 only 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 table” means the table in paragraph 7.

Commencement Information

I146Sch. 3 para. 34 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(j)**

#### DirectionsU.K.

35(1)A person given a direction under this Schedule must comply with it.U.K.

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

Commencement Information

I147Sch. 3 para. 35 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

#### InterpretationU.K.

36U.K.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 Northern Ireland (in relation to that Police Service);
 
          -  “specified”, in relation to a direction under any provision of this Schedule, means specified in the direction.                         

Commencement Information

I148Sch. 3 para. 36 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(g)**

 Section 8

## SCHEDULE 4U.K.NCA: general

### Regulations as to equipmentU.K.

1(1)The Secretary of State may make regulations requiring equipment used by the NCA to satisfy such requirements as to design                        and performance as may be prescribed by the regulations.U.K.

(2)The Secretary of State may, by regulations, 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 specified in the regulations,

(ii)equipment which is of a description so specified, or

(iii)equipment which is of a type 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 subject 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 specified 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 equipment of a description so specified.

(3)Before making regulations 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 protective and other clothing.

Commencement Information

I149Sch. 4 para. 1 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(k)**

### Liability of NCA for unlawful actsU.K.

2(1)In any of the following cases, the NCA is liable in respect of unlawful conduct of a person in the same manner as an employer                        is liable in respect of unlawful conduct of employees in the course of their employment.U.K.

(2)The first case is where the unlawful conduct is conduct of a constable or other person which occurs when the person is carrying                        out, or purporting to carry out, functions whilst—

(a)seconded to the NCA to serve as an NCA officer, or

(b)provided for the assistance of the 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 when the person is carrying out, or purporting to carry out, functions                        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 unlawful conduct is a tort, the NCA is accordingly to be treated as a joint tortfeasor.

(6)If—

(a)the NCA pays a sum by virtue of this paragraph, and

(b)the Secretary of State receives under any international agreement a sum by way of reimbursement (in whole 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 unlawful conduct by a person include references to unlawful conduct by a person in reliance,                        or purported reliance, on a designation under section 9 or 10.

Modifications etc. (not altering text)

C6Sch. 4 para. 2 excluded by 1974 c. 37, s. 51A(2D)(2E)(f) (as substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), **Sch. 8 para. 21(3)**; S.I. 2013/1682, art. 3(v))

Commencement Information

I150Sch. 4 para. 2 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(k)**

### Assaults or obstruction in connection with joint investigation teamsU.K.

3(1)A person commits an offence if the person assaults a member of an NCA-led international joint investigation team who is carrying                        out functions as a member of the team.U.K.

(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.

(3)A person commits an offence if the person resists or wilfully obstructs a member of an NCA-led international joint investigation                        team who is carrying out functions as a member of that team.

(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.

Commencement Information

I151Sch. 4 para. 3 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(k)**

### Application of discrimination legislation to secondees: Northern IrelandU.K.

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.U.K.

(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 Treatment (Northern Ireland) Order 1998, except Part VII.

(3)For the purposes of the provisions 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 Sex 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 Employment 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.

Commencement Information

I152Sch. 4 para. 4 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(k)**

### InterpretationU.K.

5(1)In this Schedule “NCA-led international joint investigation team” means any investigation team which is formed under the leadership of an NCA officer and is formed in accordance with—U.K.

(a)any framework decision on joint investigation teams adopted under Article 87 of the Treaty on the Functioning of the 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 order made by the Secretary                        of State.

(2)A reference in this paragraph to Article 87 of the Treaty on the Functioning of the European Union includes a reference to                        Article 34 of the Treaty on European Union (as it had effect before 1 December 2009).

Commencement Information

I153Sch. 4 para. 5 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(k)**

 Section 9

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

### **Part 1**U.K.Director General: Commissioners' powers exercisable under section 9(1)

#### Powers only exercisable in relation to customs mattersU.K.

1U.K.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 Director General under section 9(1) only in relation to the customs matter.

Commencement Information

I154Sch. 5 para. 1 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Powers exercisable under warrantU.K.

2(1)This paragraph applies to an enactment if it provides for the issuing of warrants which authorise the Commissioners to exercise                        any power in relation to a customs matter.U.K.

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

Commencement Information

I155Sch. 5 para. 2 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Certain powers of Commissioners not exercisable by Director GeneralU.K.

3U.K.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 information 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.

Commencement Information

I156Sch. 5 para. 3 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

### **Part 2**U.K.Director General: designation under section 9

#### Advisory panelU.K.

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)—U.K.

(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 other members (the “expert members”) who, when taken together, have appropriate knowledge of the                        following matters—

(i)the training of constables in England and Wales police forces;

(ii)the training of officers of Revenue and Customs and general customs officials to exercise powers 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 adequacy 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 given by the expert members,

(b)decide the question of the adequacy of the Director General's training, and

(c)produce a report containing recommendations 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 advisory panel (which                        may include terms about the particular operational powers in respect of which the question of the adequacy of the Director                        General's training is to be considered).

(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.

(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.                         

Commencement Information

I157Sch. 5 para. 4 in force at 27.5.2013 by S.I. 2013/1042, **art. 3(k)**

#### No advisory panelU.K.

5(1)The Secretary of State may, by regulations, make provision about the circumstances in which the Director General may be designated                        as a person having operational powers otherwise than on recommendations made in accordance with paragraph 4.U.K.

(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” means specified in regulations under this paragraph.

Commencement Information

I158Sch. 5 para. 5 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(l)**

### **Part 3**U.K.Further provision about designations under section 9 or 10

#### Limitations in designationU.K.

6(1)A designation may be made subject to any limitations specified in the designation.U.K.

(2)In particular, a designation may include—

(a)limitations on which operational powers the designated officer has;

(b)limitations on the purposes for which the designated officer may exercise operational powers which the person has.

Commencement Information

I159Sch. 5 para. 6 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Duration of designationU.K.

7(1)A designation has effect without limitation of time, unless the designation specifies a period for which it is to have effect.U.K.

(2)But that is subject to any modification or withdrawal of the designation.

Commencement Information

I160Sch. 5 para. 7 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### NCA officers having operational powers from another officeU.K.

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.U.K.

(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—

(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.                  

Commencement Information

I161Sch. 5 para. 8 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Evidence of designationU.K.

9(1)A designated officer must produce evidence of the designation if—U.K.

(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 produce such evidence, that failure does not make the exercise of the operational power                        invalid.

Commencement Information

I162Sch. 5 para. 9 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

### **Part 4**U.K.Designations: powers and privileges of constables

#### The Director GeneralU.K.

10(1)If the Director General is designated as a person having the powers and privileges of a constable, the Director General has—U.K.

(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 constable that are exercisable                        overseas.

(2)But that is subject to any limitations included in the designation.

Commencement Information

I163Sch. 5 para. 10 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Other NCA officersU.K.

11(1)If an NCA officer (other than the Director General) is designated as a person having the powers and privileges of a constable,                        the NCA officer has—U.K.

(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 constable 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 the powers and privileges of a Scottish constable in one or other of the following cases.

(4)The first case is where—

(a)a Scottish general authorisation is in force, and

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

(5)The second case is where—

(a)a Scottish operational authorisation is in force in relation to a particular operation, and

(b)the powers and privileges are exercised—

(i)in connection with that operation, and

(ii)in accordance with that authorisation.

(6)An NCA officer may only exercise the 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 exercised 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 authorisation is in force in relation to a particular operation, and

(c)the powers and privileges 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 Assistant Chief Constable,
  about the exercise of the powers and privileges of Northern Ireland constables by NCA officers in connection 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 and privileges of Scottish constables by NCA officers; 
          -  “Scottish operational authorisation” 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,
  about the exercise of the powers and privileges of Scottish constables by NCA officers in connection with a particular operation. 

Extent Information

E23Sch. 5 para. 11(1)(c)(6)-(8)(9): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent                              there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I164Sch. 5 para. 11 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Application of territorial restrictionsU.K.

12U.K.Any power or privilege of a constable is, when exercisable by the Director General or any other NCA officer, subject to any                        territorial restrictions on its exercise to which it is subject when exercisable by a constable.

Commencement Information

I165Sch. 5 para. 12 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Powers exercisable under warrantE+W+S

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.E+W+S

(2)For the purpose of enabling a designated officer to exercise that power or privilege, the enactment has effect as if the designated                        officer were a constable.

Extent Information

E24Sch. 5 para. 13: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified,                              do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I166Sch. 5 para. 13 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Direction and control of NCA officers exercising powers in ScotlandU.K.

14U.K.When exercising the function of direction and control of the NCA in relation to the exercise by NCA officers of the powers                        and privileges of Scottish constables, the Director General must comply with any instruction given by the Lord Advocate or                        procurator fiscal in relation to the investigation of offences.

Commencement Information

I167Sch. 5 para. 14 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Employment lawU.K.

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 the purposes of any provision of the relevant employment legislation.U.K.

(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 Relations (Northern Ireland) Order 1995;

(d)the Employment Rights (Northern Ireland) Order 1996.

Commencement Information

I168Sch. 5 para. 15 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

### **Part 5**U.K.Designations: powers of officers of Revenue and Customs

#### NCA officersU.K.

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.U.K.

(2)But that is subject to any limitations included in the designation.

Commencement Information

I169Sch. 5 para. 16 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Powers only exercisable in relation to customs mattersU.K.

17U.K.If a power of an officer of Revenue 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 designated officer only in relation to the customs matter.

Commencement Information

I170Sch. 5 para. 17 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Powers exercisable under warrantU.K.

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.U.K.

(2)For the purpose of enabling a designated officer to exercise that power in relation to a customs matter, the enactment has                        effect as if the designated officer were an officer of Revenue and Customs.

Commencement Information

I171Sch. 5 para. 18 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

### **Part 6**U.K.Designations: powers of immigration officers

#### NCA officersE+W+S

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 immigration officer would have.E+W+S

(2)But that is subject to any limitation 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.

Commencement Information

I172Sch. 5 para. 19 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Powers exercisable under warrantU.K.

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.U.K.

(2)For the purpose of enabling a designated officer to exercise that power or privilege, the enactment has effect as if the designated                        officer were an immigration officer.

Commencement Information

I173Sch. 5 para. 20 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

### **Part 7**U.K.Offences relating to designations

#### Resistance or wilful obstruction of designated officers etcU.K.

21(1)A person commits an offence if the person resists or wilfully obstructs—U.K.

(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)1 month on conviction in Northern Ireland;

(b)a fine not exceeding level 3 on the standard scale.

Commencement Information

I174Sch. 5 para. 21 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Assault on designated officers etcU.K.

22(1)A person commits an offence if the person assaults—U.K.

(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.

Commencement Information

I175Sch. 5 para. 22 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Impersonation of designated officer etcU.K.

23(1)A person commits an offence if, with intent to deceive—U.K.

(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.

Commencement Information

I176Sch. 5 para. 23 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Transitional provision relating to offencesU.K.

24U.K.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.

Commencement Information

I177Sch. 5 para. 24 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

### **Part 8**U.K.General

#### Payment of revenue to the CommissionersU.K.

25(1)The Director General must pay to the Commissioners any money received by way of proceeds of forfeitures—U.K.

(a)by the Director General in the exercise of any power of the Commissioners, or

(b)by the Director General or any other 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 section 1 of the Customs and Excise                        Management Act 1979), and

(b)a sum paid, or the proceeds of sale, under paragraph 16 of Schedule 3 to that Act.

Commencement Information

I178Sch. 5 para. 25 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Modification of referencesU.K.

26U.K.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 constable 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 power or privilege                        is exercisable;

(c)a power of an officer of Revenue and Customs is exercisable by any NCA officer, a reference to an officer of Revenue and Customs                        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;

(d)a power of an immigration officer 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.

Commencement Information

I179Sch. 5 para. 26 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(m)**

#### Power to make further provisionU.K.

27(1)The relevant national authority may, by order, make such provision as that authority considers appropriate in consequence                        of—U.K.

(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 paragraph may, in particular—

(a)provide for the Director General or designated officers to benefit from exemptions or other protection in respect of the exercise                        of operational powers;

(b)provide for the disclosure of information to, or the doing of other things in relation to, the Director General or designated                        officers;

(c)confer functions on the Director General or any 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;

(iii)one or more grades of, or pay scales applicable to, immigration officers.

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

Commencement Information

I180Sch. 5 para. 27 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(l)**

#### Functions of third parties relating to constables etc: extension to NCAU.K.

28(1)The relevant national authority may, by order, provide for a relevant function of a person to be exercisable by that person                        in relation to—U.K.

(a)the NCA,

(b)the Director General, or

(c)NCA officers (or any description 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.

Commencement Information

I181Sch. 5 para. 28 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(l)**

#### General provision about ordersU.K.

29(1)The power to make an order under paragraph 27 or 28 may, in particular, be exercised by—U.K.

(a)amending, repealing, revoking or otherwise modifying any provision made by or under an enactment, or

(b)applying an enactment (with 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 Northern 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.

Commencement Information

I182Sch. 5 para. 29 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(l)**

#### InterpretationU.K.

30U.K.In this Schedule—
          -  “Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;                         
          -  “designated officer” means the Director General or any other NCA officer if designated as having operational powers;                         
          -  “designation” means—                          (a)
a designation of the Director General under section 9, or
(b)
a designation of any other NCA officer under section 10;
  and “designated” and cognate expressions are to be construed accordingly; 
          -  “limitation” means a limitation included in a designation under paragraph 6;                         
          -  “Northern Ireland devolved provision”, in relation to provision of an order under this Schedule, means provision which would be within the legislative competence                           of the Northern Ireland Assembly if contained in an Act of the Northern Ireland Assembly;                         
          -  “powers and privileges of a constable that are exercisable overseas” means the powers and privileges of a constable if, and to the extent that, they are exercisable outside the United Kingdom                           and the United Kingdom waters;                         
          -  “powers and privileges of an English and Welsh constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in England and Wales or                           the adjacent United Kingdom waters;                         
          -  “powers and privileges of a Northern Ireland constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Northern Ireland or the                           adjacent United Kingdom waters;                         
          -  “powers and privileges of a Scottish constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Scotland or the adjacent                           United Kingdom waters;                         
          -  “relevant national authority”, in relation to a power to make an order under this Schedule, means—                          (a)
the Secretary of State, except in relation to Scottish devolved provision and Northern Ireland devolved provision;
(b)
the Scottish Ministers, in relation to Scottish devolved provision;
(c)
the Department of Justice in Northern Ireland, in relation to Northern Ireland devolved provision;
 
          -  “Scottish devolved provision”, in relation to provision of an order under this Schedule, means provision that would be within the legislative competence                           of the Scottish Parliament if contained in an Act of the Scottish Parliament, except for any provision of the kind referred                           to in paragraph 27 (2)(d);                         
          -  “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.                         

Extent Information

E25Sch. 5 para. 30: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified,                              do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I183Sch. 5 para. 30 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(l)**

 Section 11

## SCHEDULE 6U.K.Inspections and complaints

### **Part 1**U.K.Inspections

#### Inspections in ScotlandU.K.

1(1)Before making a request for an inspection that would fall to be carried out wholly or partly in Scotland, the Secretary of                        State must consult the Scottish Ministers.U.K.

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

(a)if it is carried out wholly in Scotland, or

(b)in a case where it is carried out partly in Scotland, to the extent that it is carried out there.

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

Commencement Information

I184Sch. 6 para. 1 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

#### Inspections in Northern IrelandU.K.

2U.K.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.

Commencement Information

I185Sch. 6 para. 2 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

#### Publication of HMIC reportsU.K.

3(1)The Secretary of State must arrange for every HMIC report received to be published in such manner as the Secretary of State                        considers appropriate.U.K.

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

(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 wholly or partly in Scotland, to the Scottish Ministers; and

(c)if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

Commencement Information

I186Sch. 6 para. 3 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

#### NCA responseU.K.

4(1)The Director General must—U.K.

(a)prepare comments on each HMIC 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.

(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 wholly or partly in Scotland, to the Scottish Ministers; and

(c)if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

Commencement Information

I187Sch. 6 para. 4 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

#### Disclosure of informationU.K.

5(1)The Director General must—U.K.

(a)provide to a policing inspectorate such information and documents specified or described in a notification given by the inspectorate                        to the Director General, and

(b)produce or deliver up to the inspectorate all such evidence and other things so specified or described,

as appear to the inspectorate to be required 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 imposed under sub-paragraph                        (1) must be provided, produced or delivered up in such form and manner, and within such period, as may be specified—

(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 which 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 disclose information to any policing inspectorate for the purposes of the exercise by any policing inspectorate                        of an NCA inspection function.

(5)The Secretary of State may, by regulations, make—

(a)further provision about the disclosure of information under sub-paragraph (1) or (4);

(b)provision about the further disclosure of information that has been disclosed under sub-paragraph (1) or (4).

(6)Such regulations may, in particular—

(a)modify any provision of Schedule 7 in its application to such a disclosure, or

(b)disapply any such provision from such a disclosure.

Commencement Information

I188Sch. 6 para. 5(1)-(4) in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

I189Sch. 6 para. 5(5)(6) in force at 8.5.2013 by S.I. 2013/1042, **art. 2(m)**

#### Access to premisesU.K.

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—U.K.

(a)the inspectorate requires such access, and

(b)the requirement is imposed for the 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 allowed to the inspectorate at the earliest practicable time specified by the inspectorate after there cease to                        be any such grounds.

Commencement Information

I190Sch. 6 para. 6 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

#### InterpretationU.K.

7U.K.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 inspection 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” means the inspectors of constabulary for which Part 1 of the Police and Fire Reform (Scotland) Act 2012 provides.                         

Commencement Information

I191Sch. 6 para. 7 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

### **Part 2**U.K.Complaints: other amendments

#### Police Reform Act 2002U.K.

8U.K.The Police Reform Act 2002 is amended as follows.

Commencement Information

I192Sch. 6 para. 8 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

9(1)Section 10 (general functions of the IPCC) is amended in accordance with this paragraph.U.K.

(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 paragraphs (ba) and (bb) substitute—

“(bc)any regulations under section 26C of this Act (the National Crime Agency);”.                  

(4)Omit subsection (9).

Commencement Information

I193Sch. 6 para. 9 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

10(1)Section 11 (reports to the Secretary of State) is amended in accordance with this paragraph.U.K.

(2)In subsection (6)—

(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.”.                  

Commencement Information

I194Sch. 6 para. 10 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

11(1)Section 15 (general duties) is amended in accordance with this section.U.K.

(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 Agency” 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), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(6)In subsection (6)—

(a)for “Serious Organised Crime Agency” 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 the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(8)In subsection (8), for “member of the 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 “ National 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)).

Commencement Information

I195Sch. 6 para. 11 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

12(1)Section 16 (payment for assistance with investigations) is amended in accordance with this paragraph.U.K.

(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 ”.

Commencement Information

I196Sch. 6 para. 12 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

13U.K.Omit section 16A (investigations: NPIA involvement).

Commencement Information

I197Sch. 6 para. 13 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

14U.K.In section 17, omit subsection (6).

Commencement Information

I198Sch. 6 para. 14 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

15U.K.Omit sections 26A and 26B (agreements about complaints about the Serious Organised Crime Agency or the National Policing Improvement                        Agency).

Commencement Information

I199Sch. 6 para. 15 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

16U.K.In section 29 (interpretation of Part 2), in subsection (3), for paragraphs (b) and (c) substitute—

“(ca)a National Crime Agency officer; or”.                  

Commencement Information

I200Sch. 6 para. 16 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

17(1)Schedule 3 (handling of complaints and conduct matters etc) is amended in accordance with this paragraph.U.K.

(2)In paragraph 16(3), for paragraphs (b) and (c) substitute—

“(d)a National Crime Agency officer,”.                  

(3)In paragraph 17(2), for paragraphs (b) and (c) substitute—

“(d)a National Crime Agency officer,”.                  

Commencement Information

I201Sch. 6 para. 17 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

#### Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007U.K.

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.U.K.

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

“(d)NCA” means the National Crime Agency;                  

(e)“NCA officer” means a National 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.

Commencement Information

I202Sch. 6 para. 18 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

#### Police (Northern Ireland) Act 1998E+W+S

19E+W+SIn section 61 of the Police (Northern Ireland) Act 1998 (reports), in subsection (5)(c), for “Serious Organised Crime Agency”                        substitute “ National Crime Agency ”.

Extent Information

E26Sch. 6 para. 19: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified,                              do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I203Sch. 6 para. 19 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(q)**

 Section 12

## SCHEDULE 7U.K.Information: restrictions on disclosure

### **Part 1**U.K.Statutory restrictions

1U.K.This Part of this Act does not authorise or require—

(a)a disclosure, in contravention 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.

Commencement Information

I204Sch. 7 para. 1 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

### **Part 2**U.K.Restrictions on disclosures of particular types of information

#### HMRC & customs informationU.K.

2(1)An NCA officer must not disclose—U.K.

(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 further 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 same 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 officer 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 Revenue or a designated customs revenue official (in the case of a disclosure or further disclosure                                    of personal customs revenue information).                                 
 

Commencement Information

I205Sch. 7 para. 2 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

#### Social security informationU.K.

3(1)An NCA officer must not disclose social security information unless the relevant authority consents to the disclosure.U.K.

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

(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 functions of the Secretary of State);                                 
(b)
the Department for Social Development in Northern Ireland (in the case of a disclosure or further disclosure of information                                    held, when disclosed to the NCA, for the purposes of the functions of a Northern Ireland department);                                 
 
          -  “social security information” means information which, when disclosed to the NCA, was information held for the purposes of any of the following functions                           of the Secretary of State or a Northern Ireland Department—                          (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.
 

Commencement Information

I206Sch. 7 para. 3 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

#### Intelligence service informationU.K.

4(1)An NCA officer must not disclose intelligence service information unless the relevant authority consents to the disclosure.U.K.

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

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

Commencement Information

I207Sch. 7 para. 4 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

#### Arrangements for publishing informationU.K.

5U.K.The Director General must not disclose information if the disclosure would be in breach of a requirement that is imposed on                        the Director General by the framework document in accordance with section 6(2).

Commencement Information

I208Sch. 7 para. 5 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

### **Part 3**U.K.Restrictions on further disclosures of information

#### Information generallyU.K.

6(1)If an NCA officer has disclosed information to a person (the “original recipient”), that person must not further disclose                        the information unless—U.K.

(a)the disclosure is—

(i)for a purpose connected with any relevant function of the original recipient, or

(ii)otherwise for a permitted 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 the purposes of the exercise of the functions of the Scottish Ministers 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.

Commencement Information

I209Sch. 7 para. 6 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

#### Information obtained under Part 6 of PCA 2002 & disclosed to CommissionersU.K.

7(1)This paragraph applies to information disclosed by an NCA officer under section 7(7) to the Commissioners.U.K.

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

(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 permitted 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.

Commencement Information

I210Sch. 7 para. 7 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

#### Information obtained under Part 6 of PCA 2002 & disclosed to Lord AdvocateU.K.

8U.K.Information disclosed by an NCA officer under section 7(7) to the Lord Advocate may be further disclosed 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.

Commencement Information

I211Sch. 7 para. 8 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

### **Part 4**U.K.Published information: no restrictions on further disclosure

9(1)This paragraph applies where an NCA officer discloses information, in accordance with this Part of this Act, by—U.K.

(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 applies 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 disclosed 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).

Commencement Information

I212Sch. 7 para. 9 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

### **Part 5**U.K.Offences relating to wrongful disclosure of information

10(1)An NCA officer commits an offence if—U.K.

(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 personal revenue customs information), or

(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 Wales only with the consent of the Director of Public Prosecutions;

(b)may be brought in Northern Ireland 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 (increase 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.

Commencement Information

I213Sch. 7 para. 10 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

### **Part 6**U.K.General

#### ConsentsU.K.

11U.K.A consent to disclosure of information under any provision of this Schedule may be given in relation to—

(a)a particular disclosure, or

(b)disclosures made in circumstances specified or described in the consent.

Commencement Information

I214Sch. 7 para. 11 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

#### InterpretationU.K.

12U.K.In this Schedule—
          -  “Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;                         
          -  “PCA 2002” means the Proceeds of Crime Act 2002.                         

Commencement Information

I215Sch. 7 para. 12 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(r)**

 Section 15

## SCHEDULE 8U.K.Abolition of SOCA and NPIA

Modifications etc. (not altering text)

C7Sch. 8 modified (7.10.2013) by The National Crime Agency (Limitation of Extension to Northern Ireland) Order 2013 (S.I. 2013/2326), arts. 1, **arts. 3-5**

### **Part 1**U.K.Transitional, transitory and saving provision

#### Transfer schemesU.K.

1(1)The Secretary of State may make—U.K.

(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)(iv) in a staff transfer scheme, or

(b)provision under paragraph 3(1)(c) in a property transfer scheme,

only if the Secretary of State considers that the provision is appropriate in connection with an order under section 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.

Commencement Information

I216Sch. 8 para. 1 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(n)**

2(1)A staff transfer scheme is a scheme which provides—U.K.

(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 consistent with employment in the civil service of the state, for the terms and conditions of the designated                        transferee's employment to have effect as the person's terms and conditions of employment as an NCA officer or in the Home                        Office;

(d)for the transfer to the NCA or the 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 treated as having been done by or in relation to the NCA or the Secretary of                        State.

(2)A staff transfer scheme may provide for a period before a person became employed in the civil service of the state under a                        staff transfer scheme to count as a period during which the person was employed in the civil service of the state (and for                        the operation of the scheme not to be treated as having interrupted the continuity of that period).

(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 dismissed                        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 (other 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.

Commencement Information

I217Sch. 8 para. 2 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(n)**

3(1)A property transfer scheme is a scheme providing for the transfer to the NCA of designated property, rights or liabilities                        from—U.K.

(a)SOCA,

(b)the chief officer of, or the policing 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 liabilities 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)provide for anything done by or in relation to a transferor in connection with any property, rights or liabilities 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;

(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 continuation of legal proceedings.

(3)The things that may be transferred by a property transfer scheme include—

(a)property, rights and liabilities that could not otherwise be transferred;

(b)property acquired, and rights and liabilities arising, after the making of the scheme.

Commencement Information

I218Sch. 8 para. 3 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(n)**

4(1)A staff transfer scheme or a property transfer scheme may make—U.K.

(a)provision for any reference to a transferor 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, transitional and consequential provision.

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

Commencement Information

I219Sch. 8 para. 4 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(n)**

5U.K.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 transfer scheme or a property transfer scheme, means specified in, or determined 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 Transfer of Undertakings (Protection of Employment) Regulations 2006.                         

Commencement Information

I220Sch. 8 para. 5 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(n)**

#### Continuity in relation to functionsU.K.

6(1)The abolition of SOCA or the NPIA does not affect the validity of anything done before the abolition.U.K.

(2)The transfer of a function does not affect the validity of anything done before the transfer.

(3)Sub-paragraphs (4) to (6) apply in relation 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 done by or in relation to the 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 before 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 transferred function, and

(b)are made or commenced before the transfer takes effect.

(7)The Secretary of State may, by direction, determine any question under this paragraph as to—

(a)whether there has been a transfer of a particular function, or

(b)the person to whom there has been a transfer 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 paragraph 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 includes 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 function by or under this Act,

(b)the transfer of an NPIA function by or under this Act, and

(c)the assumption of a third 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”),

(ii)a corresponding function is included in the NCA functions, and

(iii)a person employed by, or otherwise serving, the third party wholly or partly for the purpose of the exercise of the function                        becomes an NCA officer;

and references to the transferred function, 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 instrument 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.
 

Commencement Information

I221Sch. 8 para. 6 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Continuity in relation to subordinate legislationU.K.

7(1)After the changeover, the subordinate legislation specified in an entry in the first column of the following table—U.K.

(a)continues to have effect (subject to any subsequent amendment or revocation) as if made under the powers conferred by the                        provision of this Act specified in the corresponding entry in the second column; and

(b)may be amended or revoked by (in particular) the exercise of the powers conferred by that provision.

(2)Insofar as subordinate legislation continues to have effect by virtue of sub-paragraph (1), it does so subject to the following                        modifications.

##### *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)*

##### *The International Joint Investigation Teams (International Agreement) Order 2009 (S.I. 2009/3269)*

##### *The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010 (S.I. 2010/1955)*

(3)The modifications applicable to any subordinate 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 paragraph are without prejudice to sections 59 (consequential amendments) and 60 (transitional,                        transitory or saving provision).

Commencement Information

I222Sch. 8 para. 7 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Members of SOCAU.K.

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.U.K.

(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).

Commencement Information

I223Sch. 8 para. 8 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### SOCA annual reports and accountsU.K.

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.U.K.

(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 (and,                        accordingly, references in those sections to a financial year of SOCA include references to the final period).

(3)After the changeover, the duties imposed 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 period” means the period which—

(a)begins with the last 1 April to fall before the changeover, and

(b)ends with the changeover.

Commencement Information

I224Sch. 8 para. 9 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Saving of accrued pension rights etcU.K.

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—U.K.

(a)employment by SOCA;

(b)employment as a member of the staff of the NPIA.

(2)The amendments of the Police Pensions 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 (ca) 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.

Commencement Information

I225Sch. 8 para. 10 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

Prospective

#### Scottish police reformU.K.

11(1)The power conferred by section 60 may, in particular, be exercised to make provision to secure that the NCA provisions have                           full effect despite the coming into force of particular NCA provisions before the coming into force of particular Scottish                           police reform provisions.U.K.

(2)Such provision may, in particular, modify a reference in any of the NCA provisions to any person, body or other thing created                           by the Scottish police reform provisions.

(3)That includes the modification 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 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)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;

(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 other 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.                            

#### F10...U.K.

Textual Amendments

F10Sch. 8 Pt. 1 crossheading omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order                                 2014 (S.I. 2014/834), art. 1(1), **Sch. 2 para. 76**

F1112U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 8 para. 12 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order                                 2014 (S.I. 2014/834), art. 1(1), **Sch. 2 para. 76**

#### InterpretationU.K.

13U.K.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.                         

Commencement Information

I226Sch. 8 para. 13 in force at 8.5.2013 by S.I. 2013/1042, **art. 2(n)**

### **Part 2**U.K.Minor and consequential amendments and repeals

Extent Information

E27Sch. Pt. 2: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend                              to Northern Ireland, see Sch. 24 paras. 1, 2

#### Explosives Act 1875 (c. 17)U.K.

14(1)Section 75 of the Explosives Act 1875 is amended in accordance with this paragraph.U.K.

(2)In subsection (1), for “Director General of the Serious Organised Crime Agency” substitute “ Director General 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 ”.

Commencement Information

I227Sch. 8 para. 14 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Police (Property) Act 1897 (c. 30)U.K.

15(1)Section 2A of the Police (Property) Act 1897 (application to SOCA) is amended in accordance with this paragraph.U.K.

(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 Agency” substitute “ National Crime Agency ”;

(b)in paragraph (a) for “member of staff of that Agency” substitute “ National Crime Agency officer ”.

(5)In subsection (3), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I228Sch. 8 para. 15 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Public Records Act 1958 (c. 51)U.K.

16U.K.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 National Policing Improvement Agency;

(b)the entry relating to the Serious Organised Crime Agency.

Commencement Information

I229Sch. 8 para. 16 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Offices, Shops and Railway Premises Act 1963 (c. 41)U.K.

17U.K.In section 90 of the Offices, Shops and Railway Premises Act 1963 (interpretation), in subsection (4)(d), for the words from                        “Serious” to the end substitute “ National Crime Agency to serve as a National Crime Agency officer ”.

Commencement Information

I230Sch. 8 para. 17 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Parliamentary Commissioner Act 1967 (c. 13)U.K.

18(1)Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) is amended in accordance                        with this paragraph.U.K.

(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—

(a)for the title substitute “ **National Crime Agency** ”;

(b)in the note, for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I231Sch. 8 para. 18 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Firearms Act 1968 (c. 27)U.K.

19U.K.In the Firearms Act 1968, in section 54 (application of Parts 1 and 2 to Crown Servants), in subsection (3), omit paragraph                        (c) (and the word “or” at the end of paragraph (b)).

Commencement Information

I232Sch. 8 para. 19 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Superannuation Act 1972 (c. 11)U.K.

20U.K.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.

Commencement Information

I233Sch. 8 para. 20 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Health and Safety at Work etc. Act 1974 (c. 37)U.K.

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.U.K.

(2)In subsection (2)(b), for “Serious Organised Crime Agency to serve as a member of its staff” substitute “ National Crime Agency to serve as a National Crime Agency officer ”.

(3)In subsection (2E), for paragraph (f) substitute—

“(f)paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;”.                  

Commencement Information

I234Sch. 8 para. 21 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### House of Commons Disqualification Act 1975 (c. 24)U.K.

22U.K.In the House of Commons 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 Serious Organised Crime Agency;

(b)in Part 3 (other disqualifying offices), omit the entry for members of the staff of the Serious Organised Crime Agency.

Commencement Information

I235Sch. 8 para. 22 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Northern Ireland Assembly Disqualification Act 1975 (c. 25)U.K.

23U.K.In the Northern Ireland Assembly 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 Serious Organised Crime Agency;

(b)in Part 3 (other disqualifying offices), omit the entry for members of the staff of the Serious Organised Crime Agency.

Commencement Information

I236Sch. 8 para. 23 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Police Pensions Act 1976 (c. 35)U.K.

24U.K.The Police Pensions Act 1976 is amended as follows.

Commencement Information

I237Sch. 8 para. 24 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

25U.K.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 Agency officer whose service as such is eligible service;”                  

Commencement Information

I238Sch. 8 para. 25 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

26(1)Section 11 (interpretation) is amended in accordance with this paragraph.U.K.

(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 National 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 subsection (1)(ca) above, or any service of                           the kind described in section 97(1)(cj) of the Police Act 1996, “police pension authority” means the Director General of the National Crime Agency and “pension supervising 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 National 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 before 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 beginning the service as a National Crime Agency officer, the person—                  

(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 National 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 beginning 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 National 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.”                  

Commencement Information

I239Sch. 8 para. 26 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)U.K.

27U.K.In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Schedule 1 (ineligibility for and disqualification and                        excusal from jury service), in Group B in Part 1 (others concerned with the administration of justice), for paragraph (nc)                        substitute—

“(nc)National Crime Agency officers;”.                  

Commencement Information

I240Sch. 8 para. 27 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Limitation Act 1980 (c. 58)U.K.

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—U.K.

“(a)the National Crime Agency,”.                  

(2)In section 27B of that Act (actions for recovery of property for purposes of an external order), in subsection (8), for paragraph                        (a) substitute—

“(a)the National Crime Agency,”.                  

Commencement Information

I241Sch. 8 para. 28 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Road Traffic Regulation Act 1984 (c. 27)U.K.

29(1)Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits) is amended in accordance with this paragraph.U.K.

(2)In that section (before its amendment by the Road Safety Act 2006), in subsection (2)(a) and (b), for “Serious Organised Crime                        Agency” substitute “ National Crime Agency ”.

(3)In that section (after its amendment by the Road Safety Act 2006), in subsection (1)(a), for “Serious Organised Crime Agency”                        substitute “ National Crime Agency ”.

Commencement Information

I242Sch. 8 para. 29 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Prosecution of Offences Act 1985 (c. 23)U.K.

30U.K.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 the National Crime Agency;”;                  

(b)before paragraph (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                           criminal 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;”.                  

Commencement Information

I243Sch. 8 para. 30 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Ministry of Defence Police Act 1987 (c. 4)U.K.

31(1)Section 2C of the Ministry of Defence Police Act 1987 (constables serving with SOCA) is amended in accordance with this paragraph.U.K.

(2)In the title, for “**Serious Organised Crime Agency**” substitute “ **National Crime Agency** ”.

(3)In subsection (1)—

(a)for “Serious Organised Crime Agency” (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)(a), for “Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I244Sch. 8 para. 31 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Road Traffic Act 1988 (c. 52)U.K.

32(1)In section 124 of the Road Traffic Act 1988, subsection (1A) is amended in accordance with this paragraph.U.K.

(2)In the first sentence—

(a)for “SOCA instructor” substitute “ NCA instructor ”;

(b)for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3)In the second sentence—

(a)for “SOCA” substitute “ NCA ”;

(b)for “a member of staff of the Serious Organised Crime Agency” substitute “ an NCA officer ”;

(c)for “members of the Agency's staff” substitute “ NCA officers ”.

Commencement Information

I245Sch. 8 para. 32 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Security Service Act 1989 (c. 5)U.K.

33U.K.The Security Service Act 1989 is amended as follows.

Commencement Information

I246Sch. 8 para. 33 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

34U.K.In section 1 (the Security Service), in subsection (4), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I247Sch. 8 para. 34 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

35U.K.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 Crime Agency” (in the second place) substitute “ National Crime Agency ”.

Commencement Information

I248Sch. 8 para. 35 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Official Secrets Act 1989 (c. 6)U.K.

36U.K.In the Official Secrets Act 1989, in section 12 (meanings of “crown servant” and “government contractor”), in subsection (1)(e),                        for “of the Serious Organised Crime Agency” substitute “ an NCA special (within the meaning of Part 1 of the Crime and Courts Act 2013) ”.

Commencement Information

I249Sch. 8 para. 36 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))U.K.

37U.K.In Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for recovery of property obtained through unlawful                        conduct etc), in paragraph (8), for sub-paragraph (a) substitute—

“(a)the National Crime Agency,”.                  

Commencement Information

I250Sch. 8 para. 37 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Police Act 1996 (c. 16)U.K.

38U.K.The Police Act 1996 is amended as follows.

Commencement Information

I251Sch. 8 para. 38 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

39U.K.In section 57 (common services), in subsections (3A) and (4)(c), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I252Sch. 8 para. 39 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

40U.K.In section 59 (police federations), omit subsection (7A).

Commencement Information

I253Sch. 8 para. 40 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

41U.K.In section 61 (the Police Negotiating Board for Great Britain), in subsection (1), omit paragraph (bb).

Commencement Information

I254Sch. 8 para. 41 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

42(1)Section 62 (functions of the Police Negotiating Board with respect to regulations) is amended in accordance with this paragraph.U.K.

(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), (1D) or (1E)” substitute “ or (1A) ”.

Commencement Information

I255Sch. 8 para. 42 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

43U.K.In section 63 (Police Advisory Boards for England and Wales and for Scotland), omit subsections (1C) and (3)(c).

Commencement Information

I256Sch. 8 para. 43 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

44U.K.In section 64 (membership of trade unions), omit subsections (4C) and (4D).

Commencement Information

I257Sch. 8 para. 44 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

45U.K.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 ”.

Commencement Information

I258Sch. 8 para. 45 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

46U.K.In section 90 (impersonation etc), omit subsection (4)(ab).

Commencement Information

I259Sch. 8 para. 46 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

47U.K.In section 91 (causing disaffection), omit subsection (2)(aa).

Commencement Information

I260Sch. 8 para. 47 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

48(1)Section 97 (police officers engaged on service outside their force) is amended in accordance with this paragraph.U.K.

(2)In subsection (1)—

(a)omit—

(i)paragraph (cf);

(ii)paragraph (cg);

(b)after paragraph (ci) insert—

“(cj)temporary service as a National Crime Agency officer on which a person is engaged 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—

“(8A)A person who is member of a police force engaged on relevant service within paragraph (cj) of subsection (1) shall be treated                           for the purposes of sections 59, 60 and 64 as if the person were a member of that police force.”                  

Commencement Information

I261Sch. 8 para. 48 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Employment Rights Act 1996 (c. 18)U.K.

49U.K.The Employment Rights Act 1996 is amended as follows.

Commencement Information

I262Sch. 8 para. 49 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

50U.K.In section 43KA (application of this Part and related provisions to police), in subsection (2)(b), for “Serious Organised                        Crime Agency to serve as a member of its staff” substitute “ National Crime Agency to serve as a National Crime Agency officer ”.

Commencement Information

I263Sch. 8 para. 50 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

51U.K.In section 134A (application to police), in subsection (3), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I264Sch. 8 para. 51 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))U.K.

52U.K.The Proceeds of Crime (Northern Ireland) Order 1996 is amended as follows.

Commencement Information

I265Sch. 8 para. 52 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

53(1)Article 49 (additional investigation powers) is amended in accordance with this paragraph.U.K.

(2)In paragraph (1A), for “a senior member 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 staff of the Serious Organised Crime Agency” substitute “ a senior National Crime Agency officer ”;

(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 ”.

Commencement Information

I266Sch. 8 para. 53 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

54U.K.In Schedule 2 (financial investigations), in paragraph 3A(4)(a), for “member of staff of the Serious Organised Crime Agency”                        substitute “ National Crime Agency officer ”.

Commencement Information

I267Sch. 8 para. 54 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Police Act 1997 (c. 50)U.K.

55U.K.The Police Act 1997 is amended as follows.

Commencement Information

I268Sch. 8 para. 55 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

56(1)Section 93 (authorisations to interfere with property etc) is amended in accordance with this paragraph.U.K.

(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), for 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 paragraph by that Director General;”.                  

Commencement Information

I269Sch. 8 para. 56 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

57U.K.In section 94 (authorisations given in absence of authorising officer), in subsection (2)(e), for “Director General of the                        Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I270Sch. 8 para. 57 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

58U.K.In section 97 (authorisations requiring approval), in subsection (6B)(b), for “member of the staff of the Serious Organised                        Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I271Sch. 8 para. 58 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

59U.K.In section 107 (supplementary provisions relating to Commissioners), in subsection (4)(b), for “Serious Organised Crime Agency”                        substitute “ National Crime Agency ”.

Commencement Information

I272Sch. 8 para. 59 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

60U.K.In section 113B (enhanced criminal record certificates)—

(a)in subsection (10), omit paragraphs (f) and (g);

(b)in subsection (11)(b), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I273Sch. 8 para. 60 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Police (Northern Ireland) Act 1998 (c. 32)U.K.

61U.K.The Police (Northern Ireland) Act 1998 is amended as follows.

Commencement Information

I274Sch. 8 para. 61 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

62U.K.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 “ National Crime Agency officer ”;

(b)omit paragraph (cc).

Commencement Information

I275Sch. 8 para. 62 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Northern Ireland Act 1998 (c. 47)U.K.

63U.K.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;”.                  

Commencement Information

I276Sch. 8 para. 63 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Immigration and Asylum Act 1999 (c. 33)U.K.

64U.K.The Immigration and Asylum Act 1999 is amended as follows.

Commencement Information

I277Sch. 8 para. 64 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

65U.K.In section 20 (supply of information to Secretary of State), in subsection (1)(b), for “Serious Organised Crime Agency” substitute                        “ National Crime Agency ”.

Commencement Information

I278Sch. 8 para. 65 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

66(1)Section 21 (supply of information by Secretary of State) is amended in accordance with this paragraph.U.K.

(2)In subsection (2), for paragraph (b) substitute—

“(b)the National Crime Agency, for use in connection with the discharge of any function of that Agency;”.                  

(3)Omit subsection (4).

Commencement Information

I279Sch. 8 para. 66 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Terrorism Act 2000 (c. 11)U.K.

67U.K.The Terrorism Act 2000 is amended as follows.

Commencement Information

I280Sch. 8 para. 67 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

68U.K.In section 19 (disclosure of information: duty), in subsection (7B), for “member of the staff of the Serious Organised Crime                        Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I281Sch. 8 para. 68 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

69U.K.In section 20 (disclosure of information: permission), in subsection (5), for “member of the staff of the Serious Organised                        Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I282Sch. 8 para. 69 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

70U.K.In section 21ZA (arrangements with prior consent), in subsection (5), for “member of the staff of the Serious Organised Crime                        Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I283Sch. 8 para. 70 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

71U.K.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 ”.

Commencement Information

I284Sch. 8 para. 71 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

72U.K.In section 21A (failure to disclosure: regulated sector), in subsection (14), for “member of the staff of the Serious Organised                        Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I285Sch. 8 para. 72 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

73U.K.In section 21B (protected disclosures), in subsection (7), for “member of the staff of the Serious Organised Crime Agency”                        substitute “ National Crime Agency officer ”.

Commencement Information

I286Sch. 8 para. 73 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

74(1)Section 21C (disclosures to SOCA) is amended in accordance with this paragraph.U.K.

(2)In the title for “**SOCA**” substitute “ **the National Crime Agency** ”.

(3)In subsections (1) and (2), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I287Sch. 8 para. 74 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

75U.K.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 ”.

Commencement Information

I288Sch. 8 para. 75 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

76U.K.In Schedule 14 (exercise of officers' powers), in paragraph 4 (information), for sub-paragraph (1)(d) substitute—

“(d)to the National Crime Agency;”.                  

Commencement Information

I289Sch. 8 para. 76 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Regulation of Investigatory Powers Act 2000 (c. 23)U.K.

77U.K.The Regulation of Investigatory Powers Act 2000 is amended as follows.

Commencement Information

I290Sch. 8 para. 77 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

78U.K.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;”.                  

Commencement Information

I291Sch. 8 para. 78 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

79U.K.In section 17 (exclusion of matters from legal proceedings), in subsection (3), omit paragraph (c).

Commencement Information

I292Sch. 8 para. 79 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

80U.K.In section 19 (offence for unauthorised disclosures), in subsection (2), omit paragraph (c).

Commencement Information

I293Sch. 8 para. 80 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

81(1)Section 25 (interpretation of Chapter 2) is amended in accordance with this paragraph.U.K.

(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 references to any National Crime Agency officer. ”.

Commencement Information

I294Sch. 8 para. 81 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

82U.K.In section 32 (authorisation of intrusive surveillance), in subsection (6), for paragraph (k) substitute—

“(k)the Director General of the National Crime Agency and any National Crime Agency officer who is designated for the purposes                           of this paragraph by that Director General;”.                  

Commencement Information

I295Sch. 8 para. 82 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

83(1)Section 33 (rules of grant of authorisations) is amended in accordance with this paragraph.U.K.

(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 General of the National Crime Agency ”;

(b)for “member of staff of the Agency” 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 ”.

Commencement Information

I296Sch. 8 para. 83 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

84(1)Section 34 (grant of authorisation in the senior officer's absence) is amended in accordance with this paragraph.U.K.

(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), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I297Sch. 8 para. 84 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

85(1)Section 35 (notifications of authorisations for intrusive surveillance) is amended in accordance with this paragraph.U.K.

(2)In subsection (1), for “SOCA” substitute “ the National Crime Agency ”.

(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 ”.

Commencement Information

I298Sch. 8 para. 85 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

86(1)Section 36 (approval required for authorisations to take effect) is amended in accordance with this paragraph.U.K.

(2)In subsection (1), for paragraph (b) substitute—

“(b)a National Crime Agency officer;”.                  

(3)In subsection (6)(b) and (d), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I299Sch. 8 para. 86 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

87U.K.In section 37 (quashing of police and Revenue and Customs authorisations etc), in subsection (1), for paragraph (b) substitute—

“(b)a National Crime Agency officer;”.                  

Commencement Information

I300Sch. 8 para. 87 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

88U.K.In section 40 (information to be provided to Surveillance Commissioners), for paragraph (b) substitute—

“(b)every National Crime Agency officer,”.                  

Commencement Information

I301Sch. 8 para. 88 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

89U.K.In section 46 (restrictions on authorisations extending to Scotland), in subsection (3), for paragraph (db) substitute—

“(db)the National Crime Agency;”.                  

Commencement Information

I302Sch. 8 para. 89 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

90U.K.In section 49 (notices requiring disclosure), in subsection (1)(e), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I303Sch. 8 para. 90 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

91(1)Section 51 (cases in which key required) is amended in accordance with this paragraph.U.K.

(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 General of the National Crime Agency ”.

Commencement Information

I304Sch. 8 para. 91 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

92U.K.In section 54 (tipping-off), in subsection (3)(a) and (b), for “SOCA” substitute “ the National Crime Agency ”.

Commencement Information

I305Sch. 8 para. 92 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

93(1)Section 55 (general duties of specified authorities) is amended in accordance with this paragraph.U.K.

(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 General of the National Crime Agency to delegate functions under paragraph 10 of Schedule 1 to the                           Crime and Courts Act 2013 does not apply in relation to the Director General's duties under this section.”.                  

Commencement Information

I306Sch. 8 para. 93 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

94U.K.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 Crime Agency” substitute                        “ National Crime Agency officer ”;

(b)omit the definition of SOCA.

Commencement Information

I307Sch. 8 para. 94 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

95U.K.In section 58 (co-operation with and reports by section 57 Commissioner), in subsection (1), omit paragraph (b).

Commencement Information

I308Sch. 8 para. 95 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

96U.K.In section 65 (the Tribunal), in subsection (6), for paragraph (d) substitute—

“(d)the National Crime Agency;”.                  

Commencement Information

I309Sch. 8 para. 96 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

97U.K.In section 68 (Tribunal procedure), in subsection (7), omit paragraph (b).

Commencement Information

I310Sch. 8 para. 97 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

98(1)Section 76A (foreign surveillance operations) is amended in accordance with this paragraph.U.K.

(2)In subsection (6)(a), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(3)In subsection (11), in the definition of “United Kingdom officer”, for paragraph (b) substitute—

“(b)a National Crime Agency officer;”.                  

Commencement Information

I311Sch. 8 para. 98 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

99U.K.In Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for purposes of sections 28 and 29), for paragraph                        2 substitute—

“2The National Crime Agency.”.

Commencement Information

I312Sch. 8 para. 99 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

100(1)Schedule 2 (persons having the appropriate permission) is amended in accordance with this paragraph.U.K.

(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 “SOCA” (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” substitute “ the National Crime Agency ”.

(5)In paragraph 6 (general requirements relating to the appropriate permission), in sub-paragraphs (3A) and (6), for “member                        of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I313Sch. 8 para. 100 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Freedom of Information Act 2000 (c. 36)U.K.

101U.K.The Freedom of Information Act 2000 is amended as follows.

Commencement Information

I314Sch. 8 para. 101 in force at 27.5.2013 by S.I. 2013/1042, **art. 3(l)**

102U.K.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.”.                  

Commencement Information

I315Sch. 8 para. 102 in force at 27.5.2013 by S.I. 2013/1042, **art. 3(l)**

103U.K.In section 84 (interpretation), in the definition of “government department”—

(a)omit “or” at the end of paragraph (b);

(b)after paragraph (b) insert—

“(ba)the National Crime Agency, or”.                  

Commencement Information

I316Sch. 8 para. 103 in force at 27.5.2013 by S.I. 2013/1042, **art. 3(l)**

104U.K.In Schedule 1 (public authorities), in Part 6 (other public bodies and offices: general), omit the entry relating to the National                        Policing Improvement Agency.

Commencement Information

I317Sch. 8 para. 104 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Criminal Justice and Court Services Act 2000 (c. 43)U.K.

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.U.K.

(2)In subsection (1)—

(a)omit “to the National Policing 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 Policing Improvement Agency”;

(b)in paragraph (a)—

(i)after “which” insert “ information 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 ”.

Commencement Information

I318Sch. 8 para. 105 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Vehicles (Crime) Act 2001 (c. 3)U.K.

106U.K.In section 18 of the Vehicles (Crime) Act 2001 (register of registration plate suppliers), in subsection (7) omit “to the                        National Policing Improvement Agency”.

Commencement Information

I319Sch. 8 para. 106 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Criminal Justice and Police Act 2001 (c. 16)U.K.

107U.K.In section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces), in subsection (4), omit paragraph                        (a).

Commencement Information

I320Sch. 8 para. 107 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Proceeds of Crime Act 2002 (c. 29)U.K.

108U.K.The Proceeds of Crime Act 2002 is amended as follows.

Commencement Information

I321Sch. 8 para. 108 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

109U.K.In section 2A (contribution to the reduction of crime), in subsections (2)(a) and (3)(a), for “SOCA” substitute “ the National Crime Agency ”.

Commencement Information

I322Sch. 8 para. 109 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

110(1)Section 2B (SOCA and members of SOCA's staff) is amended in accordance with this paragraph.U.K.

(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 ”;

(b)for “SOCA” (in each other place) substitute “ that Agency ”.

(5)Omit subsection (3).

Commencement Information

I323Sch. 8 para. 110 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

111(1)Section 3 (accreditation and training of financial investigators) is amended in accordance with this paragraph.U.K.

(2)In subsection (1), for “National Policing 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 Policing Improvement Agency” substitute “ National Crime Agency ”.

Commencement Information

I324Sch. 8 para. 111 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

112U.K.In section 41A (restraint orders: power to retain seized property etc), in subsection (3), for paragraph (d) substitute—

“(d)a National Crime Agency officer,”.                  

Commencement Information

I325Sch. 8 para. 112 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

113U.K.In section 55 (sums received by designated officer), in subsection (8), for paragraph (h) substitute—

“(h)a National Crime Agency officer,”.                  

Commencement Information

I326Sch. 8 para. 113 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

114U.K.In section 72 (serious default in England 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 ”.

Commencement Information

I327Sch. 8 para. 114 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

115U.K.In section 120A (restraint orders: power to retain seized property etc), in subsection (3), for paragraph (c)—

“(c)a National Crime Agency officer;”.                  

Commencement Information

I328Sch. 8 para. 115 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

116U.K.In section 139 (serious default in Scotland), in subsection (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 ”.

Commencement Information

I329Sch. 8 para. 116 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

117U.K.In section 190A (restraint orders: power to retain seized property etc — Northern Ireland), in subsection (3), for paragraph                        (d)—

“(d)a National Crime Agency officer;”.                  

Commencement Information

I330Sch. 8 para. 117 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

118U.K.In section 195S (Codes of practice: Secretary of State), in subsection (1)(c), for “members of staff of SOCA” substitute “ NCA officers ”.

Commencement Information

I331Sch. 8 para. 118 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

119U.K.In section 203 (sums received by chief clerk), in subsection (8), for paragraph (h)—

“(h)a National Crime Agency officer.”.                  

Commencement Information

I332Sch. 8 para. 119 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

120U.K.In section 220 (serious default in Northern Ireland), 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 ”.

Commencement Information

I333Sch. 8 para. 120 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

121U.K.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 ”.

Commencement Information

I334Sch. 8 para. 121 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

122(1)Section 317 (SOCA's general Revenue functions) is amended in accordance with this paragraph.U.K.

(2)In the title, for “**SOCA's**” substitute “ **The National Crime Agency's** ”.

(3)For “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I335Sch. 8 para. 122 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

123U.K.In section 318 (revenue functions regarding employment), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I336Sch. 8 para. 123 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

124U.K.In section 319 (source of income), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I337Sch. 8 para. 124 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

125(1)Section 321 (SOCA's functions: transfers of value) is amended in accordance with this paragraph.U.K.

(2)In the title, for “**SOCA's**” substitute “ **The National Crime Agency's** ”.

(3)For “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I338Sch. 8 para. 125 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

126(1)Section 322 (SOCA's functions: certain settlements) is amended in accordance with this paragraph.U.K.

(2)In the title, for “**SOCA's**” substitute “ **The National Crime Agency's** ”.

(3)For “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I339Sch. 8 para. 126 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

127U.K.In section 324 (exercise of Revenue functions), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I340Sch. 8 para. 127 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

128(1)In section 325 (declarations), in subsection (2)—U.K.

(a)for “member of SOCA's staff” substitute “ National 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 ”.

Commencement Information

I341Sch. 8 para. 128 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

129U.K.In section 330 (failure to disclose; regulated sector), in subsection (4)(b), for “the Director General of SOCA” substitute                        “ the Director General of the National Crime Agency ”.

Commencement Information

I342Sch. 8 para. 129 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

130U.K.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 ”.

Commencement Information

I343Sch. 8 para. 130 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

131U.K.In section 332 (failure to disclose: other nominated officers), in subsection (4), for “the Director General of SOCA” substitute                        “ the Director General of the National Crime Agency ”.

Commencement Information

I344Sch. 8 para. 131 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

132U.K.In section 333A (tipping off: regulated sector), in subsection (2)(d), for “member of staff of the Serious Organised Crime                        Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I345Sch. 8 para. 132 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

133U.K.In section 336 (nominated officer: consent), in subsections (2)(a), (3)(a) and (4)(a), for “Director General of SOCA” substitute                        “ Director General of the National Crime Agency ”.

Commencement Information

I346Sch. 8 para. 133 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

134U.K.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 ”.

Commencement Information

I347Sch. 8 para. 134 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

135U.K.In section 340 (interpretation), in subsection (13), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I348Sch. 8 para. 135 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

136U.K.In section 351 (applications for orders: supplementary), in subsection (5), for “member of SOCA's staff” (in each place) substitute                        “ National Crime Agency officer ”.

Commencement Information

I349Sch. 8 para. 136 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

137U.K.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” substitute “ National Crime Agency officer ”.

Commencement Information

I350Sch. 8 para. 137 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

138U.K.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” substitute “ National Crime Agency officer ”.

Commencement Information

I351Sch. 8 para. 138 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

139U.K.In section 357 (disclosure orders), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

Commencement Information

I352Sch. 8 para. 139 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

140U.K.In section 362 (supplementary), in subsection (4A), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

Commencement Information

I353Sch. 8 para. 140 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

141U.K.In section 369 (supplementary), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

Commencement Information

I354Sch. 8 para. 141 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

142U.K.In section 375 (supplementary), in subsection (4), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

Commencement Information

I355Sch. 8 para. 142 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

143U.K.In section 377 (code of practice of Secretary of State etc), in subsection (1), for paragraphs (a) and (b) substitute—

“(a)the Director General of the National Crime Agency;                  

(b)other National Crime Agency officers;”.                  

Commencement Information

I356Sch. 8 para. 143 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

144(1)Section 378 (officers) is amended in accordance with this paragraph.U.K.

(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;”.                  

(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 member of SOCA's staff” substitute “ senior National Crime Agency officer ”.

(5)In subsection (5), for “Director General 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 General 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 ”.

Commencement Information

I357Sch. 8 para. 144 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

145U.K.In section 416 (other interpretative provisions), in subsection (2), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

Commencement Information

I358Sch. 8 para. 145 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

146U.K.In section 438 (disclosure of information by certain directors), in subsection (1)(fa), for “SOCA” substitute “ the National Crime Agency ”.

Commencement Information

I359Sch. 8 para. 146 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

147U.K.In section 439 (disclosure of information to Lord Advocate and to Scottish Ministers), in subsection (5)(b), for “SOCA” substitute                        “ the National Crime Agency ”.

Commencement Information

I360Sch. 8 para. 147 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

148U.K.In section 443 (enforcement in different parts of the United Kingdom), in subsection (3), for “SOCA” substitute “ the National Crime Agency or its officers ”.

Commencement Information

I361Sch. 8 para. 148 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

149U.K.In section 444 (external requests and orders), in subsection (4), for paragraph (d) substitute—

“(d)the National Crime Agency;”.                  

Commencement Information

I362Sch. 8 para. 149 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

150U.K.In section 445 (external investigations), for “SOCA” substitute “ the National Crime Agency or its officers ”.

Commencement Information

I363Sch. 8 para. 150 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

151(1)In section 449 (SOCA's staff: pseudonyms) is amended in accordance with this paragraph.U.K.

(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 the SOCA's staff” substitute “ National Crime Agency officer ”.

(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 staff” substitute “ an NCA officer ”;

(b)for “SOCA” substitute “ the Director General of the NCA ”.

Commencement Information

I364Sch. 8 para. 151 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

152U.K.In Schedule 8 (forms of declarations)—

(a)for “SOCA” (in the first place) substitute “ the National Crime Agency ”;

(b)for “SOCA” (in the second place) substitute “ that Agency ”;

(c)for “its” substitute “that Agency's”.

Commencement Information

I365Sch. 8 para. 152 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Police Reform Act 2002 (c. 30)U.K.

153(1)In section 9 of the Police Reform Act 2002 (the Independent Police Complaints Commission), in subsection (3)—U.K.

(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.”                  

Commencement Information

I366Sch. 8 para. 153 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Sexual Offences Act 2003 (c. 42)U.K.

154U.K.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.”                  

Commencement Information

I367Sch. 8 para. 154 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Energy Act 2004 (c. 20)U.K.

155(1)Section 59A of the Energy Act 2004 (constables serving with SOCA) is amended in accordance with this paragraph.U.K.

(2)In the title, for “**Serious Organised Crime Agency**” substitute “ **National Crime Agency** ”.

(3)In subsection (1)—

(a)for “Serious Organised Crime Agency” (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 ”.

Commencement Information

I368Sch. 8 para. 155 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Commissioners for Revenue and Customs Act 2005 (c. 11)U.K.

156U.K.In section 20 of the Commissioners for Revenue and Customs Act 2005, in section 20 (public interest disclosure), in subsection                        (7)(a), for “national Policing Improvement Agency” substitute “ Secretary of State ”.

Commencement Information

I369Sch. 8 para. 156 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Serious Organised Crime and Police Act 2005 (c. 15)U.K.

157U.K.The Serious Organised Crime and Police Act 2005 is amended as follows.

Commencement Information

I370Sch. 8 para. 157 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

158U.K.Omit Part 1 (the Serious Organised Crime Agency).

Commencement Information

I371Sch. 8 para. 158 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

159U.K.In section 62 (disclosure notices), in subsection (2), for paragraph (b) substitute—

“(b)a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013,                           or”.                  

Commencement Information

I372Sch. 8 para. 159 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

160U.K.In section 82 (protection of persons involved in investigations or proceedings), in subsection (5), for paragraph (d) substitute—

“(d)the Director General of the National Crime Agency;”.                  

Commencement Information

I373Sch. 8 para. 160 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

161(1)Section 153 (disclosure of information about insurance status of vehicles) is amended in accordance with this paragraph.U.K.

(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”.

Commencement Information

I374Sch. 8 para. 161 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

162(1)Section 172 (orders and regulations) is amended in accordance with this paragraph.U.K.

(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).

Commencement Information

I375Sch. 8 para. 162 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

163U.K.In section 175 (penalties for offences: transitional 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.

Commencement Information

I376Sch. 8 para. 163 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

164U.K.In section 177 (interpretation), omit subsection (1).

Commencement Information

I377Sch. 8 para. 164 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

165U.K.In Schedule 5 (persons specified for the purposes of section 82: protection of persons involved in investigations or proceedings),                        after paragraph 17 insert—

“17AA person who is or has been a National Crime Agency officer.”.

Commencement Information

I378Sch. 8 para. 165 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Gambling Act 2005 (c. 19)U.K.

166U.K.In the Gambling Act 2005, in Part 2 of Schedule 6 (exchange of information: enforcement and regulatory bodies)—

(a)after the entry for the Horserace Betting Levy Board insert— “ The National Crime Agency ”;

(b)omit the entry relating to the Serious Organised Crime Agency.

Commencement Information

I379Sch. 8 para. 166 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Police and Justice Act 2006 (c. 48)U.K.

167U.K.The Police and Justice Act 2006 is amended as follows.

Commencement Information

I380Sch. 8 para. 167 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

168U.K.Omit section 1 (National Policing Improvement Agency).

Commencement Information

I381Sch. 8 para. 168 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

169U.K.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 ”.

Commencement Information

I382Sch. 8 para. 169 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

170U.K.Omit Schedule 1 (National Policing Improvement Agency).

Commencement Information

I383Sch. 8 para. 170 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)U.K.

171U.K.The Police, Public Order and Criminal Justice (Scotland) Act 2006 is amended as follows.

Commencement Information

I384Sch. 8 para. 171 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

172U.K.In Schedule 4 (the Police Complaints 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 National Crime Agency officer.”.                  

Commencement Information

I385Sch. 8 para. 172 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)U.K.

173U.K.The Corporate Manslaughter and Corporate Homicide Act 2007 is amended as follows.

Commencement Information

I386Sch. 8 para. 173 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

174U.K.In section 13 (application to police forces), in subsection (3)(g), for the words from “seconded” to “treated” substitute                        “ seconded to the National Crime Agency to serve as a National Crime Agency officer is to be treated ”.

Commencement Information

I387Sch. 8 para. 174 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

175U.K.In Schedule 1 (list of Government Departments etc), after the entry relating to the National Archives of Scotland insert—                        “ National Crime Agency ”.

Commencement Information

I388Sch. 8 para. 175 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Serious Crime Act 2007 (c. 27)U.K.

176U.K.The Serious Crime Act 2007 is amended as follows.

Commencement Information

I389Sch. 8 para. 176 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

177U.K.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 officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013;”.                  

Commencement Information

I390Sch. 8 para. 177 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

178U.K.In section 39 (compliance with orders: authorised monitors), in subsection (10), for paragraph (b) of the definition of “law                        enforcement agency”, substitute—

“(b)the National Crime Agency;”.                  

Commencement Information

I391Sch. 8 para. 178 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Crime and Security Act 2010 (c. 17)U.K.

179U.K.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).

Commencement Information

I392Sch. 8 para. 179 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Equality Act 2010 (c. 15)U.K.

180U.K.The Equality Act 2010 is amended as follows.

Commencement Information

I393Sch. 8 para. 180 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

181U.K.In section 42 (identity of employer), in subsections (4) and (5), for “SOCA” substitute “ NCA ”.

Commencement Information

I394Sch. 8 para. 181 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

182U.K.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.”                  

Commencement Information

I395Sch. 8 para. 182 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

183U.K.In Schedule 19 (public authorities), in Part 1 (general), omit “The Serious Organised Crime Agency.”

Commencement Information

I396Sch. 8 para. 183 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Police Reform and Social Responsibility Act 2011 (c. 13)U.K.

184U.K.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).

Commencement Information

I397Sch. 8 para. 184 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### Protection of Freedoms Act 2012 (c. 9)U.K.

185U.K.In section 95 of the Protection of Freedoms Act 2012 (effect on police and other records of disregard of conviction or caution),                        in subsection (5), in the definition of the names database, for “National Policing Improvement Agency” substitute “ Secretary of State ”.

Commencement Information

I398Sch. 8 para. 185 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

### **Part 3**U.K.Further consequential amendments and repeals

Extent Information

E28Sch. Pt. 3: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend                              to Northern Ireland, see Sch. 24 paras. 1, 2

#### References to SOCAU.K.

186U.K.In the following enactments, for “Serious Organised Crime Agency” substitute “ National Crime Agency ” (and, where that expression appears in more than one place in such an enactment, that substitution is made in each such place)—

Commencement Information

I399Sch. 8 para. 186 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### References to the Director General of SOCAU.K.

187U.K.In the following enactments, for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”

Commencement Information

I400Sch. 8 para. 187 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### References to SOCA and its Director GeneralU.K.

188U.K.In the following enactments—

(a)for “Serious Organised Crime Agency” substitute “ National Crime Agency ”; and

(b)for “Director General of the Serious Organised Crime Agency” or “Director General of that Agency” substitute “ Director General of the National Crime Agency ”

Commencement Information

I401Sch. 8 para. 188 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

#### RepealsU.K.

189U.K.The following enactments are repealed to the extent specified—

Commencement Information

I402Sch. 8 para. 189 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

### **Part 4**U.K.Subordinate legislation

#### References to SOCA etcU.K.

190(1)In any relevant subordinate legislation—U.K.

(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.

(2)The preceding provision of this paragraph 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 the 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.

Commencement Information

I403Sch. 8 para. 190 in force at 7.10.2013 by S.I. 2013/1682, **art. 3(v)**

 Section 17

## SCHEDULE 9U.K.Single county court in England and Wales

### **Part 1**U.K.Amendments of the County Courts Act 1984

1U.K.The County Courts Act 1984 is amended as follows.

Commencement Information

I404Sch. 9 para. 1 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

2(1)Section 3 (place and time of sittings) is amended as follows.U.K.

(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 conducted, 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 same 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.”                  

(3)Omit subsection (4) (references 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 ”.

Commencement Information

I405Sch. 9 para. 2 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

3U.K.In section 4 (use of public 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, ”.

Commencement Information

I406Sch. 9 para. 3 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

4U.K.For section 5 (judges) substitute —

#### “5Judges of the county court

(1)A person is a judge of the 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 judge 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 subsection (and so, by virtue of subsection (1)(c), is a judge of the county 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 Court of Appeal (including the vice-president, if any, of either division of that court),                  

(g)is the Senior President 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 table 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 appointed 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,                  

(o)is a judge of the Upper Tribunal 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 Upper 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 1951 (assistants to the Judge Advocate                           General),                  

(t)is a judge of the First-tier Tribunal 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 the 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.”                  

Commencement Information

I407Sch. 9 para. 4 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

5(1)Section 6 (district judges) is amended as follows.U.K.

(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 statutory 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 before the section substitute “ *District judges and deputy district judges* ”.

Commencement Information

I408Sch. 9 para. 5 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

6(1)Section 8 (deputy district judges) is amended as follows.U.K.

(2)In subsection (1) (appointment to facilitate disposal of business in the county courts) for “courts” substitute “ court or any other court or tribunal to which a person appointed under this subsection may be deployed ”.

(3)Omit subsections (1B) and (1D) (which relate to the assignment of deputy district judges to county court districts).

(4)In subsection (1C) (deputy district judge to have powers of a district 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 ”.

Commencement Information

I409Sch. 9 para. 6 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

7(1)Section 12 (records of proceedings) is amended as follows.U.K.

(2)For subsection (1) (district 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.”                  

(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”.

Commencement Information

I410Sch. 9 para. 7 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

8(1)Section 13 (officers of court not to act as solicitors in that court) is amended as follows.U.K.

(2)In subsection (1) (officer of a county court and officer's firm not to be engaged as representative in any proceedings 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 relation 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 about deputy district judges which is incorporated in the amended subsection (1)).

Commencement Information

I411Sch. 9 para. 8 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

9(1)Section 14 (penalty for assaulting officer of a court) is amended as follows.U.K.

(2)In subsection (1)—

(a)for “a court” substitute “ the county court ”,

(b)for “judge”, in both places, substitute “ court ”, and

(c)for “a bailiff” substitute “ 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).

Commencement Information

I412Sch. 9 para. 9 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

10(1)In sections 15 to 25, 27(9), 30 and 36 to 147 and Schedule 1 and in any uncommenced enactment that amends any of those provisions                        (but subject to any specific amendments or repeals made by or under this Act)—U.K.

(a)for “A county court”, in each place, substitute “ The county court ”, and

(b)for “a county court”, in each place, 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 ”,

(b)in subsection (7) omit “(whether a county court or not)”, and

(c)in subsection (8) for the words after “applies” substitute “ generally in relation to the jurisdiction of the county court (and not only in relation to any jurisdiction that may be                           conferred on the county court in relation to Admiralty proceedings). ”

(6)In section 31(2) (Admiralty provisions: 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) (transfer 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 “judge” substitute “ court ”,

(b)in subsection (2) for “A judge” 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” substitute “ 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 “sworn” (where it first appears) to “such” substitute “ sworn before any such judge or ”.

(16)In section 60(2) (rights of audience in certain housing cases) for the words after paragraph (b) substitute—

“then, except where rules of court provide otherwise, any officer of the authority authorised by the 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 applies) for                        “before a district judge which” substitute “ that are not excluded by rules of court and ”.

(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 ” substitute “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 “judge” substitute “ court ”, and

(f)in subsection (4) as having effect 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 “proceedings” insert “ in the county court ”.

(22)In section 64(3) and (4) for “judge” substitute “ court ”.

(23)In section 64(4) for each of “he” and “him” 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 words from “subsection” to “direct” substitute “ subsection (1), a judge 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 “judgment” substitute “ on the other judge's report. ”

(25)In section 67 for “At any county court 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 first 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 about appeals from district judges)—

(a)omit “under section 75”,

(b)for “district judge, assistant district 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” substitute “ 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 Family 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 court” substitute “ the county court ”,

(b)in subsection (2) for “the 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 the 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 registrar,” 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 “registrar” 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 seized) 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 bailiff” substitute “ an officer ”, and

(c)in subsection (2) for “The judge” substitute “ A judge of the county court ”.

(40)In section 95 (appointment of brokers, appraisers etc)—

(a)in subsections (1) and (2) for “The registrar” substitute “ A judge of the county court ”, and

(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 place, substitute “ court ”, and

(b)in subsection (1) omit “from which 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 paragraph (a) for “registrar or other officer”, in both places, substitute “ person ”,

(b)in subsection (1)(b) for “district judge or other officer” substitute “ person ”, and

(c)in subsection (2) for “registrar or other officer” 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 substituted                        by the Tribunals, Courts and Enforcement Act 2007—

(a)in subsection (1) omit “the registrar of”,

(b)in subsection (2)(a) omit “registrar of a”,

(c)in subsection (2)(a) for the words after “application” substitute “ remained unexecuted in the hands of a person charged 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 place, substitute “ court ”, and

(b)in subsection (4) for “the registrar” substitute “ a judge of the court ”.

(46)In section 101 (interpleader)—

(a)in subsection (1)—

(i)for “registrar” substitute “ 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” substitute “ and the person executing the warrant ”, and

(iii)omit “by the registrar”.

(47)In section 102(7) for “registrar” 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 ”,

(b)in subsection (1) in the words after 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 having effect until replaced by the Part 6 that is to be substituted by the Tribunals,                        Courts and Enforcement Act 2007—

(a)in section 112(2) omit the definition of “the appropriate court”,

(b)for “appropriate court”, in each place except section 112(2), substitute “ county court ”,

(c)in section 113(a)(ii) for “in the office of the county court for the district in which the debtor resides” substitute “ on an appropriate website ”,

(d)in section 113(b) and (d) (references 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 notice of the administration order, stay the proceedings”,

(f)in section 114(3) for the words after “operate” substitute “ as a requirement to stay any proceedings 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 judge may exercise powers of judge), and

(e)omit section 112AA(3) and (4) (meaning of “proper county court”).

(53)In Part 6A (enforcement 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 judge may exercise powers of judge),

(e)in section 117R(3) omit “, or another 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 ”,

(b)in subsection (2) for “The judge” substitute “ A judge of the county court ”, and

(c)omit subsection (3) (district judge may exercise powers of judge).

(55)In section 119(1) (order of committal to be directed to district judge) for “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 places, substitute “ the court ”.

(58)Omit section 122 (execution of committal orders by other county courts).

(59)In section 123 (responsibility for acts and defaults of officers)—

(a)for “Every registrar” substitute “ 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 bailiff for neglect to levy execution)—

(a)in subsection (1) for the words after “complain” substitute “ to the court. ”, and

(b)in subsection (2) for “judge” 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” substitute “ the county court ”, and

(b)for “judge” substitute “ court ”.

(64)In section 131 (appointment of auditors 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 “courts”, 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 “Admiralty 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;”,                  

(d)omit the definition of “district” 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 district in which any goods subject to replevin are taken” substitute “ Where any goods subject to replevin are taken, the county court ”, and

(ii)for “a bailiff” substitute “ an officer ”,

(b)in paragraph 1(3) for “registrar” 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 provisions) after paragraph 5 insert—

“5AAny 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 (references to high bailiffs) for “registrar” substitute “ judge of the county court ”.

Commencement Information

I413Sch. 9 para. 10 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

### **Part 2**U.K.Other amendments

#### General modificationU.K.

11(1)In relevant legislation, but subject to any amendments or repeals made by or under this Act—U.K.

(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) that is or is deemed to be a reference to a judge of a county court held under section 1                        of that Act (including, for example, any reference to the judge of such a county court and any reference to a judge for, 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 Circuit                        judge) even though holders of the 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 County Courts Act 1984,

(b)an Act or Measure of the National 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 National Assembly for Wales.

Commencement Information

I414Sch. 9 para. 11 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Literary and Scientific Institutions Act 1854 (c. 112)U.K.

12U.K.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 place, substitute “ it ”.

Commencement Information

I415Sch. 9 para. 12 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Commons Act 1876 (c. 56)U.K.

13U.K.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 ”.

Commencement Information

I416Sch. 9 para. 13 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Bankers' Books Evidence Act 1879 (c. 11)U.K.

14U.K.In section 10 (interpretation) for “The judge of a county court” substitute “ A judge of the county court ”.

Commencement Information

I417Sch. 9 para. 14 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Bills of Sale Act (1878) Amendment Act 1882 (c. 43)U.K.

15U.K.In section 11 of the Bills of Sale Act (1878) Amendment Act 1882 (local registration of contents 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”.

Commencement Information

I418Sch. 9 para. 15 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Law of Distress Amendment Act 1888 (c. 21)U.K.

16U.K.In section 7 of the Law of Distress Amendment Act 1888 (distress to be levied by certified bailiffs)—

(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”.

Commencement Information

I419Sch. 9 para. 16 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Law of Distress Amendment Act 1895 (c. 24)U.K.

17U.K.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 ”.

Commencement Information

I420Sch. 9 para. 17 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Stannaries Court (Abolition) Act 1896 (c. 45)U.K.

18(1)The Stannaries Court (Abolition) Act 1896 is amended as follows.U.K.

(2)In section 1(1) (abolition of Vice-Warden'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 transferred 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 subject 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 Stannaries Court”                        substitute “ the county court ”.

Commencement Information

I421Sch. 9 para. 18 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Administration of Justice (Appeals) Act 1934 (c. 40)U.K.

19U.K.The Administration of Justice (Appeals) Act 1934 is repealed.

Commencement Information

I422Sch. 9 para. 19 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Crown Proceedings Act 1947 (c. 44)U.K.

20U.K.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 “county courts” substitute “ the county court ”.

Commencement Information

I423Sch. 9 para. 20 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Registered Designs Act 1949 (c. 88)U.K.

21(1)The Registered Designs Act 1949 is amended as follows.U.K.

(2)In section 27(1)(a) (meaning of “the court”) for the words after “High” substitute “ Court, ”.

(3)Omit section 27A(4) to (6) (references to patents county court).

Commencement Information

I424Sch. 9 para. 21(1)(2) in force at 1.10.2013 by S.I. 2013/1725, **art. 3(c)**

I425Sch. 9 para. 21(3) in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Opencast Coal Act 1958 (c. 69)U.K.

22U.K.In Schedule 8 to the Opencast Coal Act 1958 in paragraph 7 omit “the judge of” and “having jurisdiction in the place where                        the land in question is situated”.

Commencement Information

I426Sch. 9 para. 22 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)U.K.

23U.K.In section 1(4) of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (courts to which section applies)                        for “a county court” substitute “ the county court ”.

Commencement Information

I427Sch. 9 para. 23 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Courts Act 1971 (c. 23)U.K.

24U.K.Omit section 42(2) and (3) of the Courts Act 1971 (City of London to be a county court district, and the county court for                        that district to be known as the Mayor's and City of London Court).

Commencement Information

I428Sch. 9 para. 24 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Attachment of Earnings Act 1971 (c. 32)U.K.

25(1)The Attachment of Earnings Act 1971 is amended as follows.U.K.

(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 place, 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 each place, for “the judge” substitute “ the court ”,

(b)in subsection (1A) for “he” substitute “ the court ”,

(c)in subsection (3) for “the county 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” substitute “ 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 ”.

Commencement Information

I429Sch. 9 para. 25 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Solicitors Act 1974 (c. 47)U.K.

26U.K.In section 74 (assessment of county court costs)—

(a)in subsection (1) for “a county court” substitute “ the county court ”, and

(b)omit subsection (2) (district judge to be costs officer).

Commencement Information

I430Sch. 9 para. 26 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Patents Act 1977 (c. 37)U.K.

27U.K.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; ”.

Commencement Information

I431Sch. 9 para. 27 in force at 1.10.2013 by S.I. 2013/1725, **art. 3(c)**

#### Criminal Law Act 1977 (c. 45)U.K.

28U.K.In section 10(6) (definitions) for paragraph (b) of the definition of “officer of a court” substitute—

“(b)any officer of the county court.”                  

Commencement Information

I432Sch. 9 para. 28 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Senior Courts Act 1981 (c. 54)U.K.

29U.K.In section 51 of the Senior Courts Act 1981 (costs)—

(a)in subsection (1)(c) (costs of county court proceedings) for “any” substitute “ the ”, and

(b)in subsection (8)(b) for “a county court” substitute “ the county court ”.

Commencement Information

I433Sch. 9 para. 29 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Copyright, Designs and Patents Act 1988 (c. 48)U.K.

30(1)The Copyright, Designs and Patents Act 1988 is amended as follows.U.K.

(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).

Commencement Information

I434Sch. 9 para. 30 in force at 1.10.2013 by S.I. 2013/1725, **art. 3(c)**

#### Courts and Legal Services Act 1990 (c. 41)U.K.

31U.K.The Courts and Legal Services Act 1990 is amended as follows.

Commencement Information

I435Sch. 9 para. 31 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

32(1)Section 1 (allocation of business between the High Court and county courts) is amended as follows.U.K.

(2)In subsection (1)(a) for “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) (jurisdiction 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 courts” substitute “ county court ”.

Commencement Information

I436Sch. 9 para. 32 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

33(1)Section 11 (representation in certain county court cases) is amended as follows.U.K.

(2)For “a county court”, in each place, substitute “ the county court ”.

(3)In subsection (5) for “a court” substitute “ the county court ”.

(4)In subsection (6) for “any county court” substitute “ the county court ”.

Commencement Information

I437Sch. 9 para. 33 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

34U.K.In section 15(3) (costs of previous steps to enforce a judgment or order) for “a county court” substitute “ the county court ”.

Commencement Information

I438Sch. 9 para. 34 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

35U.K.In section 71(3)(e) (meaning of “county court qualification”) for “county courts” substitute “ the county court ”.

Commencement Information

I439Sch. 9 para. 35 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Vehicle Excise and Registration Act 1994 (c. 22)U.K.

36U.K.In section 49(a) (persons authorised to appear on behalf of Secretary of State) for “before a district judge of a” substitute                        “ the ”.

Commencement Information

I440Sch. 9 para. 36 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Housing Act 1996 (c. 52)U.K.

37(1)The Housing Act 1996 is amended as follows.U.K.

(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 places, substitute “ the county ”, and

(b)omit “or district judge”.

Commencement Information

I441Sch. 9 para. 37 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### London Local Authorities Act 1996 (c. ix)U.K.

38U.K.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 district judge” substitute “ the county court ”,

(d)in sub-paragraph (4)—

(i)for “district judge” substitute “ county court ”, and

(ii)for “he” substitute “ the court ”, and

(e)in sub-paragraph (5) for “district judge” substitute “ county court ”.

Commencement Information

I442Sch. 9 para. 38 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Protection from Harassment Act 1997 (c. 40)U.K.

39U.K.In section 3 of the Protection of Harassment Act 1997 (civil remedy)—

(a)for “a county”, in each place, 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 district judge” in both places.

Commencement Information

I443Sch. 9 para. 39 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Courts Act 2003 (c. 39)U.K.

40U.K.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 “ the county court ”,

(b)in section 64(2) for “District judge for a county court district” substitute “ District judge of the county court ”,

(c)in section 98(1)(c) and (d) for “courts” substitute “ court ”, and

(d)in paragraph 8(4) of Schedule 7—

(i)in paragraph (a) omit “district judge of a”, and

(ii)in paragraph (b) for the words after “application” substitute “ remained unexecuted in the hands of a person charged with its execution. ”

Commencement Information

I444Sch. 9 para. 40 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Traffic Management Act 2004 (c. 18)U.K.

41U.K.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. ”

Commencement Information

I445Sch. 9 para. 41 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Constitutional Reform Act 2005 (c. 4)U.K.

42U.K.In section 7(4) of the Constitutional Reform Act 2005 (courts of which Lord Chief Justice is president) for “county courts”                        substitute “ county court ”.

Commencement Information

I446Sch. 9 para. 42 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Companies Act 2006 (c. 46)U.K.

43U.K.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) (power to provide for jurisdiction of county courts under the Act to be exercisable only by some                        courts).

Commencement Information

I447Sch. 9 para. 43 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Police and Justice Act 2006 (c. 48)U.K.

44U.K.In section 27(12) of the Police and Justice Act 2006 (interpretation of section)—

(a)for “a county”, in both places, substitute “ the county ”, and

(b)omit “or district judge”.

Commencement Information

I448Sch. 9 para. 44 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Tribunals, Courts and Enforcement Act 2007 (c. 15)U.K.

45U.K.The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

Commencement Information

I449Sch. 9 para. 45 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

46U.K.In section 64(1) (certificated enforcement agents) for the words from “section—” to the end substitute “ section by a judge of the county court. ”

Commencement Information

I450Sch. 9 para. 46 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

47(1)In section 106 (administration orders) amend the sections to be inserted into the County Courts Act 1984 as follows.U.K.

(2)Omit “proper”, in each place except section 112AA(3).

(3)In sections 112B(1), 112J(1) and 112K(1) for “A county court” substitute “ The county court ”.

(4)In section 112L(7)(a) omit “(within the meaning of Part 6A)”.

(5)In section 112N(3) for “the judge” substitute “ a judge of the county court ”.

(6)Omit section 112N(6) (district judge may exercise powers of judge).

(7)In section 112O(1)(b) for “a county court” substitute “ the county court ”.

(8)Omit section 112AA(3) and (4) (meaning of “proper county court”).

Commencement Information

I451Sch. 9 para. 47 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

48(1)In section 107 (enforcement restriction orders) amend the sections to be inserted into the County Courts Act 1984 as follows.U.K.

(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 “(within 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) and 117L(1)(b) for “a county court” substitute “ the county court ”.

(7)Omit section 117K(6) (district judge 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) (meaning of “proper county court”).

Commencement Information

I452Sch. 9 para. 48 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

49U.K.In section 143(2) omit subsections (4) to (6) of the section 27A to be inserted into the Registered Designs Act 1949.

Commencement Information

I453Sch. 9 para. 49 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### London Local Authorities Act 2007 (c. ii)U.K.

50U.K.In section 65(1) of the London Local Authorities Act 2007 (certificated bailiffs) for the words from “signed—” to the end                        substitute “ signed by a judge of the county court. ”

Commencement Information

I454Sch. 9 para. 50 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Policing and Crime Act 2009 (c. 26)U.K.

51(1)The Policing and Crime Act 2009 is amended as follows.U.K.

(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 places, substitute “ the county ”, and

(b)omit “or district judge”.

Commencement Information

I455Sch. 9 para. 51 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

### **Part 3**U.K.Further amendments

#### Amendment of references to “a county court”U.K.

52(1)In the provisions listed in sub-paragraph (2) (but subject to any specific amendments made by or under this Act)—U.K.

(a)for “A county court”, in each place, substitute “ The county court ”, and

(b)for “a county court”, in each place, 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 (Miscellaneous 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: sections 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: sections 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, 
          -  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) and 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 Nationality Act 2006: section 17(6)(a), 
          -  F12...                         
          -  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 Services 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 Powers) 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,                         
          -  National Health Service (Wales) Act 2006: sections 48(5), 52(3)(h), 62(5), 66(3)(h) and 97(8), and paragraph 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 (Protection 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)). 

Textual Amendments

F12Words in Sch. 9 para. 52 repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, **Sch. 7** (with Sch. 5)

Commencement Information

I456Sch. 9 para. 52 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Amendments of other referencesU.K.

53U.K.In section 7(1) of the Access to Neighbouring Land Act 1992 for “the county courts” substitute “ the county court ”.

Commencement Information

I457Sch. 9 para. 53 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

54U.K.In section 40 of the Administration of Justice Act 1956 for “a county court”, and for “that county court”, substitute “ the county court ”.

Commencement Information

I458Sch. 9 para. 54 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

55U.K.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,”.

Commencement Information

I459Sch. 9 para. 55 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

56U.K.In section 96(1) of the Agricultural Holdings Act 1986 omit the definition of “county court”.

Commencement Information

I460Sch. 9 para. 56 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

57U.K.In section 18(5) of the Agricultural Marketing Act 1958 omit the words from “within the district” to “may be brought”.

Commencement Information

I461Sch. 9 para. 57 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

58U.K.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) (powers of district judge).

Commencement Information

I462Sch. 9 para. 58 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

59U.K.In section 6 of the Allotments Act 1922 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 ”.

Commencement Information

I463Sch. 9 para. 59 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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 ”.U.K.

(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) before paragraph (a) insert—

“(za)allocating proceedings under this Act in England and Wales to the High Court or the county court;”,                  

(c)in subsection (2)(a) after “this Act” 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 subsection (3) omit “England and Wales or, as the case may be,”.

Commencement Information

I464Sch. 9 para. 60 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

61U.K.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, ”.

Commencement Information

I465Sch. 9 para. 61 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

62U.K.In section 17(6) of the Audit Commission Act 1998 for “the county courts” substitute “ the county court ”.

Commencement Information

I466Sch. 9 para. 62 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

63U.K.In section 5(1) of the Caravan Sites Act 1968 (meaning of “the court”) omit the words from “and any powers” to the end.

Commencement Information

I467Sch. 9 para. 63 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

64U.K.In the Chancel Repairs Act 1932—

(a)in section 3(1)—

(i)omit “for the district in which 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” substitute “ the court ”, and

(c)in section 4(1) for “county court rules” substitute “ rules of court ”.

Commencement Information

I468Sch. 9 para. 64 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

65U.K.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 ”.

Commencement Information

I469Sch. 9 para. 65 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

66U.K.In section 18(2)(b) of the Civil Jurisdiction and Judgments Act 1982 for “or”, in the second place, substitute “ in the High Court or the county court or in ”.

Commencement Information

I470Sch. 9 para. 66 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

67U.K.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 “between 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 ”.

Commencement Information

I471Sch. 9 para. 67 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

68U.K.In section 25(5)(c) of the Commissioners 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 ”.

Commencement Information

I472Sch. 9 para. 68 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

69U.K.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 ”.

Commencement Information

I473Sch. 9 para. 69 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

70U.K.In section 41(1) of the Commons Act 2006 omit “in whose area the land is situated”.

Commencement Information

I474Sch. 9 para. 70 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

71U.K.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 ”.

Commencement Information

I475Sch. 9 para. 71 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

72U.K.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 ”.

Commencement Information

I476Sch. 9 para. 72 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

73U.K.In section 8(4) of the Coroners and Justice Act 2009 for “county courts” substitute “ county court ”.

Commencement Information

I477Sch. 9 para. 73 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

74U.K.In section 30 of the Courts Act 1971 for “county courts” substitute “ the county court ”.

Commencement Information

I478Sch. 9 para. 74 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

75U.K.In section 1B(5) of the Crime and Disorder Act 1998 for “which made an order under this section for it” substitute “ for an order made under this section ”.

Commencement Information

I479Sch. 9 para. 75 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

76U.K.In section 10(1) of the Criminal Law Act 1977 for “by any” substitute “ the ”.

Commencement Information

I480Sch. 9 para. 76 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

77U.K.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, ”.

Commencement Information

I481Sch. 9 para. 77 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

78U.K.In section 5 of the Debtors Act 1869—

(a)in paragraph (a) of proviso (1) for “or his deputy” substitute “ of the court ”,

(b)for “any county court” substitute “ the county court ”, and

(c)for “other than a” substitute “ other than the ”.

Commencement Information

I482Sch. 9 para. 78 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

79U.K.In the Deeds of Arrangement Act 1914—

(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 ”.

Commencement Information

I483Sch. 9 para. 79 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

80U.K.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”.

Commencement Information

I484Sch. 9 para. 80 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

81U.K.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 ”.

Commencement Information

I485Sch. 9 para. 81 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

82U.K.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, ”.

Commencement Information

I486Sch. 9 para. 82 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

83U.K.In section 133(8)(a) of the Financial Services and Markets Act 2000 before “as if” insert “ in England and Wales, as if it were an order of the county court or, in Northern Ireland, ”.

Commencement Information

I487Sch. 9 para. 83 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

84(1)In section 22 of the Friendly Societies Act 1974 after subsection (2) insert—U.K.

“(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 resides 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 application 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 England and Wales or may make an application— ”, and

(b)for “such application” substitute “ application under this subsection ”.

Commencement Information

I488Sch. 9 para. 84 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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, ”.U.K.

(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 registered office is situated in”.                  

Commencement Information

I489Sch. 9 para. 85 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

86(1)In section 48 of the Government Annuities Act 1929 after subsection (2) insert—U.K.

“(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 county court” insert “ in Northern Ireland or the county court in England and Wales ”.

Commencement Information

I490Sch. 9 para. 86 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

87U.K.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.

Commencement Information

I491Sch. 9 para. 87 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

88U.K.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 ”.

Commencement Information

I492Sch. 9 para. 88 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

89U.K.In paragraph 13 of Schedule 13 to the Housing Act 2004 for “such a” substitute “ that ”.

Commencement Information

I493Sch. 9 para. 89 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

90U.K.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 ”.

Commencement Information

I494Sch. 9 para. 90 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F1391U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 9 para. 91 repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, **Sch. 7** (with Sch. 5)

92U.K.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 ”.

Commencement Information

I495Sch. 9 para. 92 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

93U.K.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 which 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. ”,

(h)in section 399(3) for the words from “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 different” 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”.

Commencement Information

I496Sch. 9 para. 93 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

94U.K.In Schedule 1 to the Interpretation Act 1978, in paragraph (a) of the definition of “County court”, for “a court held for                        a district under” substitute “ the county court established under section A1 of ”.

Commencement Information

I497Sch. 9 para. 94 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

95U.K.In section 26(7)(g) of the Judicial Retirement and Pensions Act 1993 omit “in the county courts”.

Commencement Information

I498Sch. 9 para. 95 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

96U.K.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”, and in sections 17(2) and 23(2) for “a county”, substitute “ the county ”.

Commencement Information

I499Sch. 9 para. 96 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

97U.K.In section 1(6A) of the Land Charges Act 1972 for “county courts” substitute “ county court ”.

Commencement Information

I500Sch. 9 para. 97 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

98U.K.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 ”.

Commencement Information

I501Sch. 9 para. 98 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

99U.K.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 ”.

Commencement Information

I502Sch. 9 para. 99 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

100U.K.In paragraph 4 of Schedule 14 to the Leasehold Reform, Housing and Urban Development Act 1993 omit “or another county court”.

Commencement Information

I503Sch. 9 para. 100 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

101U.K.In section 194(10) of the Legal Services Act 2007 in the definition of “civil court” as originally enacted and as substituted                        by section 61 of the Legal Aid, Sentencing and Punishment of Offenders Act 2007 for “any county” substitute “ the county ”.

Commencement Information

I504Sch. 9 para. 101 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

102U.K.In section 35(3) of the Limitation Act 1980 for “any county” substitute “ the county ”.

Commencement Information

I505Sch. 9 para. 102 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

103U.K.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 ”.

Commencement Information

I506Sch. 9 para. 103 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

104U.K.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”.

Commencement Information

I507Sch. 9 para. 104 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

105U.K.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”.

Commencement Information

I508Sch. 9 para. 105 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

106U.K.In Schedule 1 to the London Local Authorities Act 1996 (c. ix)—

(a)in paragraph 9(1) for “if a county” substitute “ if the county ”,

(b)in paragraph 10(1)(a) for “a county” substitute “ the county ”, and

(c)in paragraph 10(1)(c) omit “which made the order”.

Commencement Information

I509Sch. 9 para. 106 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

107U.K.In section 64(2)(b) of the London Local Authorities Act 2007 (c. ii) for “if a county” substitute “ if the county ”.

Commencement Information

I510Sch. 9 para. 107 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

108U.K.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 district judge” substitute “ the county court ”,

(c)in sub-paragraphs (6), (7) and (8)(d) for “district judge” substitute “ county court ”, and

(d)in sub-paragraph (7) for “he” substitute “ the court ”.

Commencement Information

I511Sch. 9 para. 108 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

109U.K.In section 25 of the London Overground Wires &c. Act 1933 (c. xliv) for “any county court having otherwise jurisdiction in                        the matter” substitute “ the county court ”.

Commencement Information

I512Sch. 9 para. 109 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

110U.K.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, ”.

Commencement Information

I513Sch. 9 para. 110 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

111U.K.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 county court in England and                           Wales.”                  

Commencement Information

I514Sch. 9 para. 111 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

112U.K.In section 31 of the Mental Health Act 1983 for “County court rules” substitute “ rules of court ”.

Commencement Information

I515Sch. 9 para. 112 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

113U.K.In section 5(1) of the Mobile Homes Act 1983, in paragraph (a) of the definition of “the court”, omit “for the district in                        which the protected site is situated”.

Commencement Information

I516Sch. 9 para. 113 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

114U.K.In section 73 of the Offices, Shops and Railway Premises Act 1963—

(a)in subsections (1) and (2) for “county 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.”                  

Commencement Information

I517Sch. 9 para. 114 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

115U.K.In section 4(2) of the Open Spaces Act 1906 after “shall” insert “ in England and Wales be either the High Court or the county court and, in Northern Ireland, shall ”.

Commencement Information

I518Sch. 9 para. 115 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

116U.K.In sections 10(7), 29(4) and 29A(1) of the Osteopaths Act 1993—

(a)after “may appeal” insert “ in England and Wales to the county court or in Northern Ireland ”, and

(b)before “the sheriff” insert “ to ”.

Commencement Information

I519Sch. 9 para. 116 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

117U.K.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 ”.

Commencement Information

I520Sch. 9 para. 117 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

118U.K.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, ”.

Commencement Information

I521Sch. 9 para. 118 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

119U.K.In section 152 of the Pension Schemes Act 1993—

(a)in subsection (1)(a) for “county courts” substitute “ the county court ”, and

(b)in subsection (2) for “the county court rules” substitute “ rules of court ”.

Commencement Information

I522Sch. 9 para. 119 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

120U.K.In paragraph 11(2) of Schedule 3 to the Plant Varieties Act 1997 for “the county court rules” substitute “ rules of court ”.

Commencement Information

I523Sch. 9 para. 120 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

121U.K.In the Political Parties, Elections 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 the 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 were 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) ”.

Commencement Information

I524Sch. 9 para. 121 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

122U.K.Omit section 9(2) of the Protection from Eviction Act 1977 (exercise of jurisdiction by district judges).

Commencement Information

I525Sch. 9 para. 122 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

123U.K.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 ”.

Commencement Information

I526Sch. 9 para. 123 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

124U.K.In section 32(10) of the Public Audit (Wales) Act 2004 for “courts” substitute “ court ”.

Commencement Information

I527Sch. 9 para. 124 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

125U.K.In paragraph 6(2)(a) of Schedule A1 to the Regulation of Investigatory Powers Act 2000 for “a county court” substitute “ the county court in England and Wales or a county court in Northern Ireland ”.

Commencement Information

I528Sch. 9 para. 125 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

126U.K.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, ”.

Commencement Information

I529Sch. 9 para. 126 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

127U.K.In section 113(3) of the Settled Land Act 1925 for “any county” substitute “ the county ”.

Commencement Information

I530Sch. 9 para. 127 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

128U.K.In paragraph 9(3)(a) of Schedule 5 to the Social Security Act 1989 for “such a” substitute “ that ”.

Commencement Information

I531Sch. 9 para. 128 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

129U.K.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 court or in Northern Ireland ”.

Commencement Information

I532Sch. 9 para. 129 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

130U.K.In the Solicitors Act 1974—

(a)in section 61(6) for “any county” 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” substitute “ the county court ”.

Commencement Information

I533Sch. 9 para. 130 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

131U.K.In section 61(3)(a) of the Taxation of Chargeable Gains Act 1992 for “county courts” substitute “ the county court ”.

Commencement Information

I534Sch. 9 para. 131 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

132U.K.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 ”.

Commencement Information

I535Sch. 9 para. 132 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

133U.K.In the Torts (Interference with Goods) Act 1977—

(a)in section 4(4)—

(i)for “under section”, in the first 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 Court 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 effect in relation to the county court in England and Wales as they 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” insert “ 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 relation 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                           ”.

Commencement Information

I536Sch. 9 para. 133 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

134U.K.In section 75(1) of the Trade Marks Act 1994 for “or a county court having” substitute “ , or the county court where it has ”.

Commencement Information

I537Sch. 9 para. 134 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

135U.K.In section 82(2)(b) of the Traffic Management Act 2004 for “if a county” substitute “ if the county ”.

Commencement Information

I538Sch. 9 para. 135 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

136U.K.In the Tribunals, Courts and Enforcement Act 2007—

(a)in section 121(8) for paragraphs (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.

Commencement Information

I539Sch. 9 para. 136 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

137U.K.In section 67(2) of the Trustee Act 1925 for “county courts” substitute “ the county court ”.

Commencement Information

I540Sch. 9 para. 137 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

138U.K.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 ”.

Commencement Information

I541Sch. 9 para. 138 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

139U.K.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 ”.

Commencement Information

I542Sch. 9 para. 139 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

140U.K.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”.

Commencement Information

I543Sch. 9 para. 140 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

### **Part 4**U.K.Consequential repeals

141U.K.The provisions specified in the Table are repealed to the extent shown.

Commencement Information

I544Sch. 9 para. 141 in force at 22.4.2014 by S.I. 2014/954, **art. 2(c)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

 Section 17

## SCHEDULE 10U.K.The family court

### **Part 1**U.K.Establishment of the family court

1U.K.In the Matrimonial and Family Proceedings Act 1984 after section 31A (which is inserted by section 17 of this Act) insert—

#### “31BSittings

(1)Sittings of the family court may be held, and any other business of the family court may be conducted, 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 same 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 nominate 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.                  

#### 31CJudges

(1)A person is a judge of the 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 Court of Appeal (including the vice-president, if any, of either division of that court),                  

(g)is the Senior President of Tribunals,                  

(h)is a puisne judge of the High Court,                  

(i)is a deputy judge of the High Court,                  

(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 table 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),                  

(n)is a district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes a deputy district judge                           appointed under section 8 of that Act),                  

(o)is a deputy district judge appointed 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 Tribunal 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 Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),                  

(t)is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to that Act,                  

(u)is a transferred-in judge of the 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 1951 (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 family court, if made by or by persons who include—                  

(a)a judge within subsection (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 puisne judge of the High Court,                  

is (so far as relevant) to be followed by a judge within subsection (1)(j) to (y), and by a justices' 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-time judge of the family court may not act as a judge of the court in relation to any proceedings                           in the court in which the judge, or a partner or employer of the judge, or a body of which the judge is a member or officer,                           or a body of whose governing body the judge is a member, is directly or indirectly engaged as legal representative or agent                           for any party.                  

(4)In this section “legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity                           which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).                  

#### 31DComposition of the court and 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 the 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 specified judicial office holder;                  

(c)prohibit specified judges from conducting business, or specified business, unless authorised 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)may be made only after consultation with the Family Procedure Rule Committee.                  

(6)Family Procedure Rules are subject 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.                  

(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.                  

#### 31EFamily 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 the 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 the High Court to issue a writ directed to an enforcement officer, subsection (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 section 38(3) of the County Courts Act 1984.                  

(4)Subsection (1) is without prejudice to, and not limited by, any other powers of the family court.                  

(5)The Lord Chancellor may by regulations make provision, about or in connection with the effect or execution of warrants issued                           by the family court for enforcing any order or judgment enforceable by the court, that corresponds to any provision applying                           in relation to the effect or execution of writs issued by the High Court, or warrants issued by the county court, for the                           purpose of enforcing any order or judgment enforceable by that court.                  

#### 31FProceedings 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 family court is, except as provided by this or any other Act or by rules of court, final and                           conclusive between the parties.                  

(4)Where the family court 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 made in exercising the power may contain provision—                  

(a)as to the manner in which anything is to be done,                  

(b)as to the time within which 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 instalments and default is made                           in the payment of any one instalment, proceedings may be taken as if the default had been made in the payment 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)power to vary an order with effect from when it was originally made.                  

(7)Subject to rules of court, the family 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 proceedings in the family court.                  

#### 31GWitnesses and evidence

(1)Subsection (2) applies where the family court is satisfied that a person in England and Wales is likely 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 produce the document or thing to the court.                  

(3)Subsection (4) applies where without just excuse—                  

(a)a person fails to attend before the court in answer to a summons under subsection (2)(a) or (b),                  

(b)a person fails to produce a document or thing in answer to a summons under subsection (2)(b) or (c), or                  

(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 until 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 fine 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 proceedings 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 the 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 appointed by a judge of the court for the purpose,                  

as well as before a commissioner for oaths or any other person authorised to take affidavits under the Commissioners for Oaths                        Acts 1889 and 1891.                  

(9)An affidavit sworn before any such judge or officer may be sworn without the payment of any fee.                  

#### 31HContempt of court: power to limit court's powers

(1)The Lord Chancellor may by regulations made after consulting the Lord Chief Justice make provision 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 nominate 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.                  

#### 31IPowers of the High Court in respect of family court proceedings

(1)If the High Court, at any stage in proceedings in the family court, thinks it desirable that the proceedings, or any part                           of them, should 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 directions 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.                  

#### 31JOverview 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 Courts Act 1981 (powers 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).                  

#### 31KAppeals

(1)Subject to any order made 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                           dissatisfied 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 from 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 enactment other than this Part; and in this subsection “enactment” means an enactment whenever passed.                  

(3)The Lord Chancellor may, after consulting 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 transfer, 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 appeal may be made against any decision of a                           kind mentioned in that subsection.                  

(5)At the hearing of any proceedings in the family court in which there is a right of appeal or from which 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 relation to any such 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) applies 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 nominate 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 subsection (3).                  

#### 31LEnforcement

(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 payments to the same recipient, make provision—                  

(a)for recovery of payments under 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 required to be made, or a lump sum is required to be paid, to a child 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 order to be paid to the child may be paid to the person who looks after 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 required to be paid under the order.                  

(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 periodical payments to or for the benefit of the child, the person who looks after                           the child may proceed in the person's own name for the revival of the order.                  

(6)Where any person by whom periodical 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 revocation 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 (within the meaning of section 22 of the Children Act                           1989), a reference to that local authority, and                  

(ii)in any other case, a reference 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 Judgments Act 1982.                  

#### 31MRecords of proceedings

(1)The Lord Chancellor may by regulations 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 subsection (1), or a copy of any such entry                           or document purporting to be signed and certified as a true copy by a judge of the family court, is at all times without further                           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 consult the Lord Chief Justice before making regulations under this section.                  

(4)The Lord Chief Justice may nominate 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.                  

#### 31NSummonses 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 false certificate under subsection (1) as it applies in relation to any officer 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 relation to the family court                           as they apply in relation to the county court.                  

#### 31OJustices' 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 functions 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 specified 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 court, including questions arising when the                           clerk is not personally 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 (including 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 judge 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.                  

(5)No action lies against a person in respect of anything done or not done in carrying out functions of the 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 within the person's jurisdiction.                  

(6)An action lies against a person in respect of anything done or not done in carrying out functions of the 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 within the person's jurisdiction,                  

if, but only if, it is proved that the person acted in bad faith.                  

(7)If an action is brought in circumstances in which 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 person bringing the action to pay costs.                  

(8)The Lord Chief Justice may nominate 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.                  

#### 31POrders, 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 different provision for different purposes, and                  

(c)includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.                  

(2)The Lord Chancellor may not make the first rules under section 31O (1) unless a draft of the statutory instrument containing                           the rules (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.                  

(3)A statutory instrument that—                  

(a)contains an order, regulations 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.”                  

Commencement Information

I545Sch. 10 para. 1 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

### **Part 2**U.K.The family court: further amendments

#### Debtors Act 1869 (c. 62)U.K.

2(1)In proviso (1) to section 5 of the Debtors Act 1869—U.K.

(a)for the words from “any court other than” to “is to say,” substitute “ the county court— ”, and

(b)omit paragraph (c).

(2)In that section—

(a)for “superior courts may” substitute “ 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 relation to the powers given by this section to the county court.”                  

Commencement Information

I546Sch. 10 para. 2 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Maintenance Orders Act 1958 (c. 39)U.K.

3U.K.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 (re-registration in different Northern Ireland court of                        orders made in England and Wales or Scotland and registered in a Northern Ireland court) have effect without the amendments                        made in them by this Schedule.

Commencement Information

I547Sch. 10 para. 3 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

4(1)Section 1 (application of Part 1) is amended as follows.U.K.

(2)In subsection (1) (purpose of Part 1) for the words from “to be registered” to the end substitute “ to be registered in the family court 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 “the court                        in England in which it is so registered” substitute “ the High Court ”.

(4)In subsection (2A) (orders 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) (registration in magistrates' courts).

Commencement Information

I548Sch. 10 para. 4 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

5(1)Section 2 (registration of orders) is amended as follows.U.K.

(2)In subsection (1) for “or county court order may apply for registration of the order to the original court, and the court”                        substitute “ order may apply to the High Court for registration of the order in the family court, and the High Court ”.

(3)In subsection (2) (original 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) (registration of a magistrates' court order).

(5)In subsection (5) (order to be registered on receipt of certified copy)—

(a)for “The officer of, or for, a court” 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'” substitute “ the family ”, and

(b)omit paragraph (b) and the word “and” preceding it.

(7)Omit subsection (6ZB) (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.

Commencement Information

I549Sch. 10 para. 5 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

6U.K.In section 2A (interest on registered orders)—

(a)omit subsections (1) to (4) (magistrates' court orders),

(b)in subsection (5) (registered 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 ”.

Commencement Information

I550Sch. 10 para. 6 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

7U.K.In section 3 (enforcement of registered orders) omit subsections (2) to (2B) and (3A) (orders registered in magistrates' courts).

Commencement Information

I551Sch. 10 para. 7 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

8(1)Section 4 (variation etc of orders registered in a magistrates' court) is amended as follows.U.K.

(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) (court of registration may vary rate of payments specified by order)—

(a)for “court of registration” substitute “ family court ”, and

(b)for “original court” substitute “ High Court ”.

(4)In subsection (2)(b) (general 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 “ and 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 circumstances in which original court has jurisdiction to vary rate of payments) for “original court”                        substitute “ High Court ”.

(8)In subsection (6A) (with the exception 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 “ Although 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)” substitute “ 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 ”.

Commencement Information

I552Sch. 10 para. 8 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

9(1)Section 4A (variation etc of orders registered in High Court) is amended as follows.U.K.

(2)Omit subsection (1) (orders to which section applies).

(3)In subsection (2), and in the title, for “High Court”, in each place, substitute “ family court ”.

(4)In subsection (2) omit paragraph (a) (including the “and” at the end).

Commencement Information

I553Sch. 10 para. 9 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

10(1)Section 5 (cancellation of registration) is amended as follows.U.K.

(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 in question to be made by any method of payment falling within section 1(5)                           of the Maintenance Enforcement Act 1991 (standing order, etc), other than an order which requires payments to be made to the                           family court, is to continue 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 payment 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””.

Commencement Information

I554Sch. 10 para. 10 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

11U.K.Section 18 (powers of magistrates to review committals etc) is repealed.

Commencement Information

I555Sch. 10 para. 11 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

12(1)Section 20 (registration, variation and arrears) is amended as follows.U.K.

(2)Omit subsections (1) and (2) (magistrates' courts: applications for registration, revocation or variation of maintenance orders).

(3)In subsection (8) (repeated complaints to enforce payment)—

(a)for “a complaint” substitute “ an application ”, and

(b)for “complaint”, in the second and third places, substitute “ application ”.

(4)For the title substitute “ Repeat applications to enforce payment of maintenance arrears ”.

Commencement Information

I556Sch. 10 para. 12 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

13U.K.In section 21(1) omit the definition of “magistrates' court”.

Commencement Information

I557Sch. 10 para. 13 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Public Records Act 1958 (c. 51)U.K.

14U.K.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;”.                  

Commencement Information

I558Sch. 10 para. 14 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Administration of Justice Act 1960 (c. 65)U.K.

15(1)Section 13 of the Administration of Justice Act 1970 (appeals in cases of contempt of court) is amended as follows.U.K.

(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 section 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 decisions of High Court etc to which section applies) after “High Court,” insert “ the family court, ”.

Commencement Information

I559Sch. 10 para. 15 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)U.K.

16U.K.In section 1(4) of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (courts to which section applies)                        after “the Crown Court” insert “ , the family court ”.

Commencement Information

I560Sch. 10 para. 16 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Civil Evidence Act 1968 (c. 64)U.K.

17U.K.In section 12(5) of the Civil Evidence Act 1968 in the definition of “matrimonial proceedings” for “a county” substitute “ family ”.

Commencement Information

I561Sch. 10 para. 17 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Administration of Justice Act 1970 (c. 31)U.K.

18(1)In section 11 of the Administration of Justice Act 1970 (restriction on powers of committal under section 5 of the Debtors                        Act 1869)—U.K.

(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 maintenance order”” substitute “ and “family court maintenance order” ”, and

(b)for “, a county court” substitute “ and the family court ”.

Commencement Information

I562Sch. 10 para. 18 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Courts Act 1971 (c. 23)U.K.

19U.K.Omit section 52(3A) of the Courts Act 1971 (subsection (3) does not apply to family proceedings in a magistrates' court).

Commencement Information

I563Sch. 10 para. 19 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Attachment of Earnings Act 1971 (c. 32)U.K.

20U.K.The Attachment of Earnings Act 1971 is amended as follows.

Commencement Information

I564Sch. 10 para. 20 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

21(1)Section 1 (courts with power to attach earnings) is amended as follows.U.K.

(2)After subsection (1) insert—

“(1A)The family court may make an attachment of earnings order to secure payments under a High Court or family court maintenance                           order.”                  

(3)In subsection (2) (county court) omit paragraph (a) (maintenance orders).

(4)In subsection (3) (magistrates' courts) omit paragraph (a) (maintenance orders).

Commencement Information

I565Sch. 10 para. 21 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

22U.K.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 magistrates' court;” substitute “and the family court;”.

Commencement Information

I566Sch. 10 para. 22 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

23(1)Section 3 (application for order and conditions of court's power to make it) is amended as follows.U.K.

(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 paragraph (a) above, an officer of the family court if the application is to the family court for an                           order to secure maintenance payments 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 payments) 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”.

Commencement Information

I567Sch. 10 para. 23 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

24U.K.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;”.                  

Commencement Information

I568Sch. 10 para. 24 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

25U.K.In section 8(3) (order ceases to have effect when warrant issued) omit the words after “related maintenance order”.

Commencement Information

I569Sch. 10 para. 25 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

26U.K.In section 10 (reduction of normal deduction rate)—

(a)in subsection (2) for “a county” substitute “ the family ”, and

(b)omit subsection (3) (magistrates' courts).

Commencement Information

I570Sch. 10 para. 26 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

27U.K.In section 11(1)(a) (registered maintenance orders) for the words after “provides” substitute “ for the registration in the family court of a High Court maintenance order); ”.

Commencement Information

I571Sch. 10 para. 27 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

28U.K.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.”                  

Commencement Information

I572Sch. 10 para. 28 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

29U.K.In section 16(2)(d) (power of collecting officer) for “magistrates' court” substitute “ family court ”.

Commencement Information

I573Sch. 10 para. 29 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

30(1)Section 18 (collecting officers of magistrates' courts) is amended as follows.U.K.

(2)In subsection (1)—

(a)for the words before paragraph (a) substitute “ Where payments under a maintenance order are payable to the family court or an officer of the family court for transmission                           to a person, 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 designated officer for a magistrates' court” substitute “ an officer of the family court ”.

(4)Omit subsection (3).

Commencement Information

I574Sch. 10 para. 30 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

31(1)Section 20 (persons residing outside England and Wales) is amended as follows.U.K.

(2)In subsection (1)—

(a)for “a magistrates' court”, in both places, substitute “ the family court ”, and

(b)for “a complaint”, in both places, substitute “ an application ”.

(3)In subsections (2) to (4) for “complaint”, in each place, substitute “ application ”.

(4)In subsection (4) for “complainant” substitute “ applicant ”.

Commencement Information

I575Sch. 10 para. 31 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

32U.K.In section 21 (costs on application under section 16)—

(a)in subsection (1) omit “(but subject to section 18(2)(b) of this Act)”, and

(b)in subsection (2) for the words from “deemed—” to “otherwise,” substitute “ deemed ”.

Commencement Information

I576Sch. 10 para. 32 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

33U.K.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 Courts Act 1984 were a reference to section 31L(1) of the Matrimonial and Family                           Proceedings Act 1984.”                  

Commencement Information

I577Sch. 10 para. 33 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Matrimonial Causes Act 1973 (c. 18)U.K.

34U.K.In section 48(2) (nullity proceedings to be in private unless judge otherwise directs) for “judge” substitute “ court ”.

Commencement Information

I578Sch. 10 para. 34 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Litigants in Person (Costs and Expenses) Act 1975 (c. 47)U.K.

35U.K.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, ”.

Commencement Information

I579Sch. 10 para. 35 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)U.K.

36(1)The Inheritance (Provision for Family and Dependants) Act 1975 is amended as follows.U.K.

(2)In section 15(1) (restriction imposed in divorce proceedings etc on application under the 1975 Act: meaning of “the court”)                        for the words from “, where a county court has jurisdiction” to the end substitute “ the family court ”.

(3)In section 15ZA(2) (restriction imposed in proceedings for the dissolution etc of a civil partnership on application under                        the 1975 Act: meaning of “the court”) for the words from “, where a county court has jurisdiction” to the end substitute “ the family court ”.

(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 words from “, where a county court has jurisdiction” to the end substitute “ the family court ”.

(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 “, where a county court has jurisdiction” to the end substitute “ the family court ”.

Commencement Information

I580Sch. 10 para. 36 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Torts (Interference with Goods) Act 1977 (c. 32)U.K.

37U.K.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 relation to the family court in England and Wales as they apply in relation to the High Court                           in England and Wales, but as if references in those subsections to rules of court (including references to rules of court                           under any particular enactment) were references to Family Procedure Rules.”                  

Commencement Information

I581Sch. 10 para. 37 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Charging Orders Act 1979 (c. 53)U.K.

38(1)The Charging Orders Act 1979 is amended as follows.U.K.

(2)In sections 1(1) and (6), 3(4A)(a) and 6(2) (charging orders in respect of orders of certain courts) after “High Court”, 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 “neither paragraph (a) nor paragraph (b)” substitute “ none of paragraphs (a), (b) and (ba) ”.

Commencement Information

I582Sch. 10 para. 38 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Magistrates' Courts Act 1980 (c. 43)U.K.

39U.K.The Magistrates' Courts Act 1980 is amended as follows.

Commencement Information

I583Sch. 10 para. 39 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

40U.K.In section 58(2) (sums recoverable summarily as a civil debt) omit paragraph (a) (including the “or” at the end).

Commencement Information

I584Sch. 10 para. 40 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

41(1)Section 59 (orders for periodical payment: means of payment) is amended as follows.U.K.

(2)In subsection (1) (duty to exercise powers under subsection (3))—

(a)omit the words from “then” preceding paragraph (a) to “maintenance order,” in paragraph (b), and

(b)for “that subsection” substitute “ 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).

Commencement Information

I585Sch. 10 para. 41 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

42(1)Section 59A (orders for periodical payment: proceedings by designated officer) is amended as follows.U.K.

(2)In subsections (1) and (2) for “a relevant UK order” substitute “an order made by a magistrates' court”.

(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) and the “and” preceding it,

(b)omit the definition of “relevant UK order”, and

(c)omit the words after that definition.

Commencement Information

I586Sch. 10 para. 42 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

43U.K.Omit section 59B (power of magistrates' court to impose penalty for breach of certain maintenance orders).

Commencement Information

I587Sch. 10 para. 43 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

44U.K.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.

Commencement Information

I588Sch. 10 para. 44 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

45U.K.In section 61(2) in the definition of “periodical payments order” omit the words from “, or registered” to “1958,”.

Commencement Information

I589Sch. 10 para. 45 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

46(1)Section 62 (payments required to be made to a child) is amended as follows.U.K.

(2)In subsection (1) omit paragraph (b) and the “or” preceding it.

(3)In subsection (3) omit “or registered in”.

(4)Omit subsection (6) (meaning of “registered”).

Commencement Information

I590Sch. 10 para. 46 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

47U.K.In section 64 (costs)—

(a)omit subsections (1A), (4) and (4A),

(b)in subsection (2) omit “or (4A)”, and

(c)in subsection (3) omit “Subject to subsection (4) below,”.

Commencement Information

I591Sch. 10 para. 47 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

48U.K.Omit sections 65 to 67, 68A, 69, 70, 71, 73, 74 and 75(2A) to (2C) (family proceedings in magistrates' courts).

Commencement Information

I592Sch. 10 para. 48 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

49U.K.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 magistrates' court maintenance                        order”, and

(c)in section 100 (evidence) paragraph (b) and the “or” preceding it.

Commencement Information

I593Sch. 10 para. 49 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

50(1)Section 111A (appeals on ground of error of law etc in family proceedings in a magistrates' court) is amended as follows.U.K.

(2)In subsection (1) for “family proceedings” 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) (meaning in the section of “family proceedings”).

(6)In the title for “family” substitute “ child support ”.

Commencement Information

I594Sch. 10 para. 50 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

51U.K.In section 112(2) (decisions on appeals under section 111A) for “a county” substitute “ the family ” in both places.

Commencement Information

I595Sch. 10 para. 51 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

52U.K.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 relation to functions of justices' clerks given under section 31O(1)(a), or specified in                           section 31O(2), of the Matrimonial and Family Proceedings Act 1984 (functions in the family court).”                  

Commencement Information

I596Sch. 10 para. 52 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Contempt of Court Act 1981 (c. 49)U.K.

53U.K.In section 14 of the Contempt of Court Act 1981 (penalties for contempt of court) but not in that section in its application                        to Northern Ireland (which in its application to Northern Ireland has effect as set out in Schedule 4 to that Act) before                        subsection (5) insert—

“(4B)The preceding provisions of this section do not apply to the family court, but—                  

(a)this is without prejudice to the 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 limited 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.”                  

Commencement Information

I597Sch. 10 para. 53 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Senior Courts Act 1981 (c. 54)U.K.

54U.K.The Senior Courts Act 1981 is amended as follows.

Commencement Information

I598Sch. 10 para. 54 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

55U.K.In section 33 (powers of High Court exercisable before commencement of action) after subsection (2) insert—

“(3)This section applies in relation to the family court as it applies in relation to the High Court.”                  

Commencement Information

I599Sch. 10 para. 55 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

56U.K.In section 34 (powers of High Court to order disclosure or inspection of documents or property of non-party) after subsection                        (4) insert—

“(5)Subsections (2) and (3) apply in relation to the family court as they apply in relation to the High Court.”                  

Commencement Information

I600Sch. 10 para. 56 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

57U.K.In section 35(1) (limits on High Court's power to make orders under sections 33 and 34) for “The High Court” substitute “ A court ”.

Commencement Information

I601Sch. 10 para. 57 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

58U.K.In section 37 (powers of High Court to grant injunctions or appoint receivers) after subsection (5) insert—

“(6)This section applies in relation to the family court as it applies in relation to the High Court.”                  

Commencement Information

I602Sch. 10 para. 58 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

59U.K.In section 39(1) (powers of High Court to order documents to be executed or indorsed by nominated person)—

(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 ”.

Commencement Information

I603Sch. 10 para. 59 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

60U.K.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 ”.

Commencement Information

I604Sch. 10 para. 60 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

61(1)Section 51 (costs) is amended as follows.U.K.

(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 ”.

Commencement Information

I605Sch. 10 para. 61 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

62U.K.In section 70 (assessors) after subsection (4) insert—

“(5)Subsections (1) and (2) apply in relation to the family court as they apply in relation to the High Court.”                  

Commencement Information

I606Sch. 10 para. 62 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

63U.K.In Schedule 1 (distribution of business in High Court) omit paragraph 3(d) (appeals from enforcement decisions of magistrates'                        courts in relation to certain family matters).

Commencement Information

I607Sch. 10 para. 63 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### County Courts Act 1984 (c. 28)U.K.

64U.K.The County Courts Act 1984 is amended as follows.

Commencement Information

I608Sch. 10 para. 64 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

65U.K.In section 4(1) (certain public buildings 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 ”.

Commencement Information

I609Sch. 10 para. 65 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

66(1)In section 38(3) (county court does not have power to make certain orders) for “A county court shall not have” substitute                        “ Neither the county court nor the family court has ”.U.K.

(2)In section 38(4) (regulations about orders which court may not make) after paragraph (d) insert “; and 

(e)may make different provision for different purposes.”                  

Commencement Information

I610Sch. 10 para. 66 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

67U.K.Omit sections 40(9) and 42(8) and, in section 41(2), the words after “prerogative orders)” (references to family jurisdiction                        of county court).

Commencement Information

I611Sch. 10 para. 67 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

68U.K.In section 57 (evidence of prisoners) after subsection (4) insert—

“(5)This section applies in relation to the family court as it applies in relation to the county court.”                  

Commencement Information

I612Sch. 10 para. 68 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

69U.K.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.”                  

Commencement Information

I613Sch. 10 para. 69 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

70U.K.In section 71 (satisfaction of orders for payment of costs etc) after subsection (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.”                  

Commencement Information

I614Sch. 10 para. 70 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

71U.K.In section 131 (appointment of auditors etc) after “controlling the accounts of” insert “ the family court or ”.

Commencement Information

I615Sch. 10 para. 71 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

72U.K.In section 132 (payments of expenses etc)—

(a)in paragraph (b) (costs of books etc) after “offices” insert “ , and the family court and its offices, ”,

(b)in paragraph (c) (costs of transport 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 ”.

Commencement Information

I616Sch. 10 para. 72 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Administration of Justice Act 1985 (c. 61)U.K.

73U.K.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;”.                  

Commencement Information

I617Sch. 10 para. 73 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Insolvency Act 1986 (c. 45)U.K.

74U.K.In section 281(8) of the Insolvency Act 1986 (discharge does not release bankrupt from bankruptcy debt arising under order                        made in family proceedings), in the definition of “family proceedings”, for paragraph (a) (but not the “and” following it)                        substitute—

“(a)proceedings in the family court;”.                  

Commencement Information

I618Sch. 10 para. 74 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Children Act 1989 (c. 41)U.K.

75U.K.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) (restrictions on publication) for “, a county court or a magistrates' court” substitute “ or the family court ”.

Commencement Information

I619Sch. 10 para. 75 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Courts and Legal Services Act 1990 (c. 41)U.K.

76(1)The Courts and Legal Services Act 1990 is amended as follows.U.K.

(2)In section 1(1) (allocation of business between High Court and county court)—

(a)in paragraph (a) (conferring jurisdiction on High Court) after “which” insert “ the family court or ”,

(b)in paragraph (b) (conferring jurisdiction on county court) after “on” insert “ the family court or ”,

(c)in paragraph (c) (allocating proceedings) after “High Court” insert “ or to the family court ”,

(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 distinguishing 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 jurisdiction on county court) after “on” insert “ the family court or ”.

(6)In the title of section 1 after “High Court” insert “ , family court ”.

(7)Omit sections 9 and 10 (allocation of family proceedings in county court and rules about family proceedings 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 court” insert “ and family court ”.

Commencement Information

I620Sch. 10 para. 76 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Maintenance Enforcement Act 1991 (c. 17)U.K.

77(1)Section 1 of the Maintenance Enforcement Act 1991 (High Court and county court maintenance orders) is amended as follows.U.K.

(2)For “a county court”, in each place, 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 motion or on an application made under this subsection                           by an interested party.”                  

(4)After subsection (3) insert—

“(3A)Where the family court has made a qualifying periodical maintenance order, it may at any later time—                  

(a)on an application made under this subsection by an interested party, or                  

(b)of its own motion, in the course of any proceedings concerning the order,                  

exercise any of its powers under subsection (4A) below in relation to the order.”                  

(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 question be made to the 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 subsection (5) below as the court may specify in the particular                           case; or                  

(c)the power to order that payments under the qualifying periodical maintenance order in question be made in 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 payment) after paragraph (b) insert “; or 

(c)any method of payment specified in regulations made by the Lord Chancellor.”                  

(7)In subsection (6)(a) after “(4) above” 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 court under subsection (4) or (4A)(a) or (b) above has effect at any time when the Secretary of                           State is, under section 30 of the Child Support Act 1991 and regulations made under that section, arranging for the collection                           of payments under the qualifying periodical maintenance order in question.”                  

(10)After subsection (10) insert—

“(11)The power of the Lord Chancellor 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 ”.

Commencement Information

I621Sch. 10 para. 77 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Access to Justice Act 1999 (c. 22)U.K.

78U.K.The Access to Justice Act 1999 is amended as follows.

Commencement Information

I622Sch. 10 para. 78 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

79U.K.In section 54(1) (rules may require permission to appeal) after paragraph (a) insert—

“(aa)the family court,”.                  

Commencement Information

I623Sch. 10 para. 79 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

80U.K.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 ”.

Commencement Information

I624Sch. 10 para. 80 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

81U.K.In section 56(1) (power to prescribe alternative appellate court) after paragraph (a) insert—

“(aa)the family court,”.                  

Commencement Information

I625Sch. 10 para. 81 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

82U.K.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,”.                  

Commencement Information

I626Sch. 10 para. 82 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Courts Act 2003 (c. 39)U.K.

83U.K.The Courts Act 2003 is amended as follows.

Commencement Information

I627Sch. 10 para. 83 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

84U.K.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 the end of paragraph (b) substitute—

“(ba)the family court, and”.                  

Commencement Information

I628Sch. 10 para. 84 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

85U.K.In section 18(5)(a) (presiding at sittings of justices) omit “or family proceedings court”.

Commencement Information

I629Sch. 10 para. 85 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

86U.K.In section 19(2)(e) (committees may be established under rules to advise on authorisation of justices for specific purposes)                        for “members of family proceedings courts or” substitute “ judges of the family court or as members of ”.

Commencement Information

I630Sch. 10 para. 86 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

87(1)Section 28 (functions of justices' clerks and assistant clerks) is amended as follows.U.K.

(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 Proceedings 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 include 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.

Commencement Information

I631Sch. 10 para. 87 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

88U.K.Omit section 30(6) (exclusion of family proceedings).

Commencement Information

I632Sch. 10 para. 88 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

89U.K.In section 34(2) (no order for costs in legal proceedings to be made against justices' clerk or assistant in respect 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. ”

Commencement Information

I633Sch. 10 para. 89 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

90U.K.In section 66 (judges having powers of District Judges (Magistrates' Courts)) omit—

(a)in subsection (1), paragraph (b) and the “and” preceding it, and

(b)subsection (4).

Commencement Information

I634Sch. 10 para. 90 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

91(1)Section 75 (Family Procedure Rules) is amended as follows.U.K.

(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 Division 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) before “different areas” insert “ different cases or ”.

Commencement Information

I635Sch. 10 para. 91 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

92(1)Section 76 (further provision about scope of Family Procedure Rules) is amended as follows.U.K.

(2)In subsection (2) (provision that may be made by rules)—

(a)after the “and” at the end 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”.

Commencement Information

I636Sch. 10 para. 92 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

93(1)Section 77(2) (membership of Family Rule Procedure Committee) is amended as follows.U.K.

(2)Omit paragraphs (i) and (l).

(3)In paragraphs (j) and (m) for “magistrates' courts” substitute “ the family court ”.

Commencement Information

I637Sch. 10 para. 93 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

94(1)Section 81 (practice directions relating to family proceedings) is amended as follows.U.K.

(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 ”.

(4)In subsection (2A) for “of any relevant court in family proceedings” substitute “ mentioned in subsection (1) ”.

(5)In subsection (3)(a) for “of any relevant court in family proceedings,” substitute “ mentioned in subsection (1), ”.

(6)In subsection (5) omit the definition of “relevant court”.

Commencement Information

I638Sch. 10 para. 94 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

95U.K.In section 92(1) (power to prescribe fees for things dealt with by certain courts) after paragraph (a) insert—

“(aa)the family court,”.                  

Commencement Information

I639Sch. 10 para. 95 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Constitutional Reform Act 2005 (c. 4)U.K.

96U.K.The Constitutional Reform Act 2005 is amended as follows.

Commencement Information

I640Sch. 10 para. 96 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

97U.K.In section 7(4) (courts of which Lord Chief Justice is president) after the entry for the Crown Court insert— “ the family court ”.

Commencement Information

I641Sch. 10 para. 97 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Legal Services Act 2007 (c. 29)U.K.

98(1)For paragraph 1(7)(c) of Schedule 3 to the Legal Services Act 2007 (rights of audience in chambers of exempt persons) substitute—U.K.

“(c)the proceedings are not reserved 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 the 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 proceedings in the family court and ”.

Commencement Information

I642Sch. 10 para. 98 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

### **Part 3**U.K.Repeals and revocations in consequence of Parts 1 and 2 of this Schedule

99U.K.The provisions specified in the Table are repealed or revoked to the extent shown.

Commencement Information

I643Sch. 10 para. 99 in force at 22.4.2014 by S.I. 2014/954, **art. 2(d)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

 Section 17

## SCHEDULE 11U.K.Transfer of jurisdiction to family court

### **Part 1**U.K.Amendments of enactments

#### Married Women's Property Act 1882 (c. 75)U.K.

1U.K.The Married Women's Property Act 1882 is amended as follows.

Commencement Information

I644Sch. 11 para. 1 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

2U.K.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 ”.

Commencement Information

I645Sch. 11 para. 2 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

3U.K.In section 17 (power of High Court and prescribed county court to make orders in relation to disputes between 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”.

Commencement Information

I646Sch. 11 para. 3 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)U.K.

4(1)The Maintenance Orders (Facilities for Enforcement) Act 1920 is amended in accordance with paragraphs 5 to 11.U.K.

(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.

Commencement Information

I647Sch. 11 para. 4 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

5U.K.In section 1(2) (courts in which maintenance orders from Her Majesty's dominions outside the United 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, ”.

Commencement Information

I648Sch. 11 para. 5 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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.U.K.

(2)In subsection (1) (circumstances in which provisional orders may be made) for “a court of summary jurisdiction in England                        or Ireland” substitute “ the family court, or in Northern Ireland to a court of summary jurisdiction, ”.

(3)In subsection (4) (taking 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 jurisdiction” in the first place, and

(b)after “that court or” insert “ , in Northern Ireland, ”.

(4)In subsection (5) (confirmation of order 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).

Commencement Information

I649Sch. 11 para. 6 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

7(1)Section 4 (power of court of summary jurisdiction to confirm maintenance order made outside the United Kingdom) is amended                        as follows.U.K.

(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 summary jurisdiction”, in the second place, insert “ in Northern Ireland if it appears to the Lord Chancellor that the person is resident in Northern Ireland ”.

(3)In subsection (5A) (exercise of powers where a magistrates' court in England and Wales confirms a provisional order)—

(a)for “a magistrates'” substitute “ 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 Maintenance Enforcement Act 1991 ”.

(5)In subsection (5C) (deciding on exercise of powers)—

(a)for “which of the” substitute “ whether to exercise any of its ”, and

(b)omit “it is to exercise”.

(6)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 ”.

(7)In subsection (6) omit “Subject to subsection (6A),”.

(8)Omit subsection (6A) (modifications of section 60 of the Magistrates' Courts Act 1980).

Commencement Information

I650Sch. 11 para. 7 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

8(1)Section 4A (variation and revocation of maintenance orders) is amended as follows.U.K.

(2)In subsection (2) (jurisdiction of magistrates' court where respondent resides in a part of Her Majesty's dominions outside                        the United Kingdom to which the Act extends) for “a magistrates' 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' court 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'                        court in England and Wales”” substitute “ “the family court” ”.

Commencement Information

I651Sch. 11 para. 8 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

9(1)Section 6 (mode of enforcing orders) is amended as follows.U.K.

(2)In subsection (1) (enforcement steps 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 warrant in a part of the United Kingdom in which the issuing court does not have jurisdiction)                        after “issued by” insert “ the family court or ”.

Commencement Information

I652Sch. 11 para. 9 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

10U.K.In section 9 (use of depositions taken outside United Kingdom) after “courts of summary jurisdiction” insert “ , or the family court, ”.

Commencement Information

I653Sch. 11 para. 10 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

11U.K.In section 11(za) (application of section 3 to Northern Ireland) for “for subsection (7) of that section there shall be substituted”                        substitute “ after subsection (6) of that section there shall be inserted ”.

Commencement Information

I654Sch. 11 para. 11 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Marriage Act 1949 (c. 76)U.K.

12U.K.The Marriage Act 1949 is amended as follows.

Commencement Information

I655Sch. 11 para. 12 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

13U.K.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 ”.

Commencement Information

I656Sch. 11 para. 13 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

14(1)Section 27B (provisions relating to section 1(3) marriages) is amended as follows.U.K.

(2)In subsection (4) (certificate not to be issued if alleged that section 1(3) criteria not met, unless declaration obtained                        from High Court under subsection (5)) omit “from the High Court”.

(3)In subsection (5) (application to High Court for declaration) after “High Court” insert “ or the family court ”.

Commencement Information

I657Sch. 11 para. 14 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Maintenance Orders Act 1950 (c. 37)U.K.

15U.K.The Maintenance Orders Act 1950 is amended as follows.

Commencement Information

I658Sch. 11 para. 15 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

16U.K.In section 4(1) (court of summary jurisdiction in England has jurisdiction in proceedings for the recovery of sums under certain                        provisions against person residing in Scotland or Northern Ireland) for “A court of summary jurisdiction in England” substitute                        “ The family court ”.

Commencement Information

I659Sch. 11 para. 16 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

17(1)In section 15(2) and (3) (service of process: endorsement by, and declarations before, justices of the peace etc) for “justice                        of the peace” substitute “ judge of the family court ”.U.K.

(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 ”.

Commencement Information

I660Sch. 11 para. 17 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

18(1)Section 17 (procedure for registration of maintenance orders) is amended as follows.U.K.

(2)Omit subsection (1)(a) (authority to whom application is to be made for registration of maintenance 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 after “in any                        other case” substitute “— 

(i)where the defendant appears 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 jurisdiction of which the defendant appears to                           be.”                  

(4)In subsection (6) (court officer may apply, on behalf of person entitled to maintenance payments made to or through the officer,                        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 jurisdiction in Northern Ireland ”.

Commencement Information

I661Sch. 11 para. 18 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

19(1)Section 18 (enforcement of registered orders) is amended as follows.U.K.

(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 Maintenance Orders Act 1958 or”, and

(d)omit “section 2A of the said Act of 1958 or”.

(3)Omit subsections (2) to (2ZB) (enforcement of registered orders in magistrates' courts).

(4)In subsection (2A) (offence of not giving 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).

Commencement Information

I662Sch. 11 para. 19 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

20(1)Section 19 (functions of collecting officer etc) is amended as follows.U.K.

(2)In subsection (1) (provisions in maintenance order about payment to court have no effect if order is registered)—

(a)for “or”, in the first place, substitute “ 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 ”.

Commencement Information

I663Sch. 11 para. 20 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

21U.K.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 officer of that court or (as the case may be) ”.

Commencement Information

I664Sch. 11 para. 21 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

22(1)Section 22 (discharge and variation of maintenance orders registered in summary or sheriff courts) is amended as follows.U.K.

(2)In subsection (1) (variation of maintenance order) 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—

“(1A)The family court may exercise the same powers in relation to an order registered in the family court under this Part of this                           Act as are exercisable by the family court under section 1 of the Maintenance Enforcement Act 1991 in relation to a qualifying                           periodical maintenance order (within the meaning of that section) which has been made by the family court, including the power                           under subsection (7) of that section to revoke, suspend, revive or vary any means of payment order (within the meaning of                           that subsection) made by virtue of this subsection.”                  

(4)In subsection (4) (court in which order registered may vary it only under subsection (1)) for “a court of summary 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 court of summary jurisdiction in Northern Ireland or a ”.

Commencement Information

I665Sch. 11 para. 22 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

23(1)Section 24 (cancellation of registration) is amended as follows.U.K.

(2)In subsection (2) (notice 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 jurisdiction in Northern Ireland ”.

(3)In subsection (5A) (effect of cancellation of registration 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 for a magistrates' court in England and Wales” substitute “ the family court ”, and

(ii)for “59(6) of the Magistrates' Courts Act 1980” substitute “ 1(5) of the Maintenance Enforcement Act 1991 ”.

(4)In subsection (6) (orders under section 19(2)) omit “England or”.

Commencement Information

I666Sch. 11 para. 23 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

24U.K.In section 25(3) (rules as to procedure of courts of summary jurisdiction) for “a court of summary jurisdiction in England                        or Northern Ireland” substitute “ the family court or a court of summary jurisdiction in Northern Ireland ”.

Commencement Information

I667Sch. 11 para. 24 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

25U.K.In section 28(1) (interpretation) in the definition of “collecting officer” omit “in relation to a court of summary jurisdiction                        in England, means the designated officer for the court, and”.

Commencement Information

I668Sch. 11 para. 25 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)U.K.

26(1)Section 7 of the Matrimonial Causes (Property and Maintenance) Act 1958 (which extends section 17 of the Married Women's Property                        Act 1882 to certain disputes relating to property in which a wife claims a beneficial interest) is amended as follows.U.K.

(2)In subsection (1) (which refers to any right of a wife under section 17 of the 1882 Act to apply to a judge of the High Court                        or of a county court) for “a county court” substitute “ the family court ”.

(3)In subsection (2) (extension of the judge's power to make orders under section 17 of the 1882 Act as extended by subsection                        (1)) for “a county court” substitute “ the family court ”.

Commencement Information

I669Sch. 11 para. 26 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)U.K.

27U.K.In section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1970 (section 17 of the Married Women's Property Act 1882                        and section 7 of the Matrimonial Causes (Property and Maintenance) Act 1958 apply to certain disputes between parties to a                        broken engagement) for “a county court” substitute “ the family court ”.

Commencement Information

I670Sch. 11 para. 27 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Matrimonial Proceedings and Property Act 1970 (c. 45)U.K.

28(1)The Matrimonial Proceedings and Property Act 1970 is amended as follows.U.K.

(2)In section 30(2) (order for maintenance of party to marriage made by magistrates' court to cease to have effect 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 ”.

Commencement Information

I671Sch. 11 para. 28 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)U.K.

29U.K.The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as follows.

Commencement Information

I672Sch. 11 para. 29 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

30(1)Section 3 (magistrates' court may make provisional maintenance order against person residing in reciprocating country) is                        amended as follows.U.K.

(2)In subsection (1) for “a magistrates' court” substitute “ the family court ”.

(3)In subsection (4) (application 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 Court” insert “ of Justice in Northern Ireland ”.

(4)In subsection (6) (effect of order being confirmed) omit “magistrates'”.

(5)Omit subsection (7)(b) (Northern Ireland: application of subsection (4)).

(6)In the title omit “magistrates'”.

Commencement Information

I673Sch. 11 para. 30 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

31U.K.In section 4(6) (Scotland: application of section 3(5) and (6)) after “for references to” insert “ a court that are references to the family court or ”.

Commencement Information

I674Sch. 11 para. 31 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

32U.K.Omit section 5(3A) (modification of section 60 of Magistrates' Courts Act 1980 in relation to maintenance orders to which                        section 5 applies).

Commencement Information

I675Sch. 11 para. 32 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

33U.K.In section 7 (confirmation of order 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 Wales” 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” substitute “ the court ”,

(ii)in paragraph (b) for “59(6) of the Magistrates' Courts Act 1980” substitute “ 1(5) of the Maintenance Enforcement Act 1991 ”,

(c)in subsection (5C) (deciding on exercise of powers)—

(i)for “which of the” substitute “ whether to exercise any of its ”, and

(ii)omit “it is to exercise”, and

(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 ”.

Commencement Information

I676Sch. 11 para. 33 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

34U.K.In section 8 (enforcement of registered maintenance orders)—

(a)in subsection (3) (offence of not giving notice of change of address to appropriate officer)—

(i)for “a registered order” substitute “ an order registered in a court in Northern Ireland ”, and

(ii)for “appropriate officer of the registering” substitute “ clerk of that ”,

(b)omit subsection (3A) (meaning of “appropriate officer”),

(c)omit subsections (4) to (4B) (enforcement by magistrates' courts in England and Wales), and

(d)in subsection (5) (magistrates' court to take prescribed steps) for “The magistrates' court” substitute “A magistrates' court                        in Northern Ireland”.

Commencement Information

I677Sch. 11 para. 34 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

35U.K.Omit section 9(1ZA) (modification of section 60 of Magistrates' Courts Act 1980 in relation to registered order).

Commencement Information

I678Sch. 11 para. 35 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

36U.K.In section 10(3) (transfer to other magistrates' court)—

(a)after “magistrates' court”, in the first place, insert “ in Northern Ireland ”, and

(b)for the words from “that part” to “court is” substitute “ Northern Ireland ”.

Commencement Information

I679Sch. 11 para. 36 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

37(1)In section 14(3) (compelling attendance of witnesses etc)—U.K.

(a)for the words from “Section” to “1980” 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) (Northern Ireland: modifications).

Commencement Information

I680Sch. 11 para. 37 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

38U.K.In section 17 (proceedings in magistrates' courts)—

(a)in subsection (4) (courts in same area have same jurisdiction)—

(i)after “magistrates' court”, in the first place, insert “ in Northern Ireland ”,

(ii)omit the words from “acting”, in the first place, to “Northern Ireland,”, and

(iii)for “district)” substitute “ district ”,

(b)in subsection (5A) (jurisdiction where respondent resides in reciprocating country) for “a magistrates' court in England and                        Wales”, in both places, and for “such a court”, substitute “ the family court ”, and

(c)in subsection (7) (proceedings in absence of respondent) for “a magistrates' court”, in both places, substitute “the family                        court in England and Wales or a magistrates' court in Northern Ireland”.

Commencement Information

I681Sch. 11 para. 38 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

39(1)Section 18 (magistrates' courts rules) is amended as follows.U.K.

(2)Before subsection (1) insert—

“(A1)Rules of court may make provision 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 which 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 justice area”, in both places, substitute “ petty sessions district ”.

(4)In subsection (1A) (further provision about rules of court in relation to England and Wales) for “(1)” substitute “ (A1) ”.

(5)For the title substitute “ Rules of court ”.

Commencement Information

I682Sch. 11 para. 39 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

40U.K.In section 21(1) in the definition of “the appropriate court”—

(a)after “ “the appropriate 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”.                  

Commencement Information

I683Sch. 11 para. 40 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

41(1)Section 23 (orders registered in High Court under Maintenance Orders (Facilities for Enforcement) Act 1920) is amended as                        follows.U.K.

(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 second 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 under this Part of this Act; and where the order was at that time registered in the High Court of Justice                           in Northern Ireland, that court”,                  

(c)after “magistrates' court” insert “ in Northern Ireland ”, and

(d)after “registered in that” 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,                        insert “ of Justice in Northern Ireland ”.

(5)In subsection (3) (officer to register order) omit “appropriate”.

(6)In subsection (4)—

(a)for “the magistrates'” substitute “ a ”, and

(b)for “appropriate officer of the court” substitute “ officer registering it ”.

(7)Omit subsection (5) (Northern Ireland: modification).

(8)In subsection (6) (meaning of “appropriate officer”) for the words from “means—” to the end substitute “, in relation to a                        magistrates' court in Northern Ireland, means the clerk of the court.”

Commencement Information

I684Sch. 11 para. 41 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

42U.K.In section 26(6)(a) (appropriate officer) for the words from “the designated” to the end substitute “ an officer of the family court ”.

Commencement Information

I685Sch. 11 para. 42 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

43U.K.In section 27B (sending application to which section 27A applies to appropriate magistrates' court)—

(a)in subsection (1) for the words from “designated” to the end substitute “ family court ”,

(b)in subsection (2) (attempted service of respondent)—

(i)for “Subject to subsection (4) below, if” substitute “ If ”,

(ii)for “a magistrates' court having 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) (sending on of application to another magistrates' court), and

(d)in the title for “appropriate magistrates'” substitute “ family ”.

Commencement Information

I686Sch. 11 para. 43 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

44U.K.In section 27C (applications to which section 27A applies: general)—

(a)in subsection (1) for “a magistrates'” substitute “ the family ”,

(b)omit subsection (2) (disapplication of section 59 of Magistrates' Courts Act 1980),

(c)in subsection (3) (court to exercise one of its powers under subsection (4) upon making order) for “shall” substitute “ may ”,

(d)in subsection (4) (available powers)—

(i)in each of paragraphs (a) and (b) for the words from “the designated” to “Wales” substitute “ the court ”, and

(ii)in paragraph (b) for “59(6) of the Magistrates' Courts Act 1980” substitute “ 1(5) of the Maintenance Enforcement Act 1991 ”,

(e)in subsection (5) (deciding 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 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 ”, and

(g)in subsection (7) (registration)—

(i)omit “designated officer for the”, and

(ii)omit “in the court”.

Commencement Information

I687Sch. 11 para. 44 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

45U.K.In section 28 (applications by spouses under the Domestic Proceedings and Magistrates' Courts Act 1978)—

(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.

Commencement Information

I688Sch. 11 para. 45 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

46U.K.In section 28A (applications by former spouses under the Domestic Proceedings and Magistrates' Courts Act 1978)—

(a)in subsection (2) (jurisdiction of magistrates' court) for the words from the beginning to “it” substitute “ The family court shall have jurisdiction to hear the application ”,

(b)in subsection (3) (court's powers) for “magistrates' 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.

Commencement Information

I689Sch. 11 para. 46 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

47U.K.Section 28B (certain orders under Schedule 11 to the Children Act 1989 do not apply) is repealed.

Commencement Information

I690Sch. 11 para. 47 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

48(1)Section 32 (transfer of orders) is amended as follows.U.K.

(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 the 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) (meaning of “appropriate officer”).

(4)In subsection (8) in the definition of “the appropriate court”—

(a)after “ “the appropriate court”” insert “— 

(a)”, and

(b)for “Wales or” substitute “Wales, means the family court; and 

(b)in relation to a person residing”.                  

Commencement Information

I691Sch. 11 para. 48 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

49U.K.In section 33 (enforcement of orders)—

(a)omit subsections (3) and (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' court to take prescribed steps) after “court” insert “ in Northern Ireland ”.

Commencement Information

I692Sch. 11 para. 49 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

50U.K.In section 34 (variation and revocation of orders)—

(a)in subsection (1) (powers of registering court etc) omit “subsection (3A) below and”,

(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 the application together with any documents accompanying                           it to the clerk of that court.”, and                  

(c)omit subsection (3A) (modification of section 60 of Magistrates' Courts Act 1980 in relation to registered orders).

Commencement Information

I693Sch. 11 para. 50 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

51(1)Section 34A (variation of orders by magistrates' courts in England and Wales) is amended as follows.U.K.

(2)In subsection (1) (application 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 powers under subsection (3) upon varying order) for “a magistrates' 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 Maintenance Enforcement Act 1991 ”.

(5)Omit subsections (4) to (8) (variation by justices' clerk).

(6)In subsection (9) (deciding 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 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 ”.

(8)In subsection (11) (meaning of “creditor” and “debtor”) for “section 59 of the Magistrates' Courts Act 1980” substitute “ section 1 of the Maintenance Enforcement Act 1991 ”.

(9)In the title for “magistrates' courts” substitute “ the family court ”.

Commencement Information

I694Sch. 11 para. 51 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

52U.K.In section 35 (further provision relating to variation etc of orders by magistrates' courts in England and Wales)—

(a)in subsection (1) (powers exercisable notwithstanding that applicant resides outside England and Wales) for “a magistrates'                        court in England and Wales” substitute “ the family court ”,

(b)in subsection (2) (powers under section 34A not exercisable) omit “, or of the clerk of the court,”,

(c)in subsection (3) (proceedings in absence of respondent) for “a magistrates' court in England and Wales” substitute “ the family court ”, and

(d)in the title for “magistrates' courts” substitute “ the family court ”.

Commencement Information

I695Sch. 11 para. 52 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

53(1)Section 36 (admissibility of evidence given in convention country) is amended as follows.U.K.

(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 made 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 paragraph (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 section 27A(1) of this Act applies,”.

Commencement Information

I696Sch. 11 para. 53 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

54U.K.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” substitute                        “Articles 118(1), (3) and (4), 119 and 120 of the Magistrates' Courts (Northern Ireland) Order 1981”,

(b)in subsection (4) after “a magistrates' court” insert “ in Northern Ireland ”, and

(c)omit subsection (6) (Northern Ireland: modifications).

Commencement Information

I697Sch. 11 para. 54 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

55U.K.In section 38A(1) (rules of court) after “done by” insert “ the family court or ”.

Commencement Information

I698Sch. 11 para. 55 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

56U.K.In section 42 (provisional order to cease to have effect on remarriage) in subsection (1) and in the title omit “magistrates'”.

Commencement Information

I699Sch. 11 para. 56 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

57U.K.In section 47(3) (interpretation: jurisdiction of magistrates' courts) for the words from “construed—” to “in relation to”,                        in the second place, substitute “ construed in relation to ”.

Commencement Information

I700Sch. 11 para. 57 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Matrimonial Causes Act 1973 (c. 18)U.K.

58U.K.The Matrimonial Causes Act 1973 is amended as follows.

Commencement Information

I701Sch. 11 para. 58 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

59U.K.In section 4(4)(a) (periods which may be treated for 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 ”.

Commencement Information

I702Sch. 11 para. 59 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

60U.K.In section 32(1) (arrears more than 12 months old not to be enforced without court's permission) for “any county court” substitute                        “ the family court ”.

Commencement Information

I703Sch. 11 para. 60 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

61(1)Section 33 (orders for repayment of sums paid under certain orders) is amended as follows.U.K.

(2)In subsection (4) (application for repayment 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 jurisdiction of county court under subsection (4)).

Commencement Information

I704Sch. 11 para. 61 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

62(1)Section 35 (alterations of maintenance agreements where both parties are living) is amended as follows.U.K.

(2)In subsection (1) (application for alteration 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),” substitute “subsections “, and

(c)for “that court”, in both places, 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 ”.

Commencement Information

I705Sch. 11 para. 62 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

63(1)Section 36 (alterations of maintenance agreements after death of one party) is amended as follows.U.K.

(2)In subsection (1) (application for alteration 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) (powers of county court to deal with applications for alterations).

(5)In subsections (4) and (5) for “a court” substitute “ the court ”.

Commencement Information

I706Sch. 11 para. 63 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

64(1)Section 38 (orders for repayment of periodical payments mistakenly made) is amended as follows.U.K.

(2)In subsection (2) (powers of the court when dealing with an application for repayment) after “On an application under this                        section the court” insert “ to which the application is made ”.

(3)In subsection (3) (application for repayment may be made in enforcement proceedings, or to county court) for “a county court”,                        in each place, substitute “ the family court ”.

(4)Omit subsection (4) (no limits on jurisdiction 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 payments order” substitute “ , in pursuance of a payments order requiring payments to be made to the court or an officer of the court, ”.

(6)In subsection (7) (meaning of “collecting officer”) for “the registrar of a county court or the designated officer of a magistrates'                        court” substitute “ or the officer of the family court, ”.

Commencement Information

I707Sch. 11 para. 64 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

65(1)In section 52(1) (interpretation of the Act) for the definition of “the court” substitute—U.K.

““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.

Commencement Information

I708Sch. 11 para. 65 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Domicile and Matrimonial Proceedings Act 1973 (c. 45)U.K.

66(1)Section 5 of the Domicile and Matrimonial Proceedings Act 1973 (jurisdiction of High Court and county court to entertain proceedings                        for divorce, judicial separation or nullity of marriage) is amended as follows.U.K.

(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 courts” substitute “ family court ”.

Commencement Information

I709Sch. 11 para. 66 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)U.K.

67U.K.The Domestic Proceedings and Magistrates' Courts Act 1978 is amended as follows.

Commencement Information

I710Sch. 11 para. 67 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

68U.K.In section 1 (grounds of application to magistrates' court for order for financial provision) for “a magistrates' court” substitute                        “ the family court ”.

Commencement Information

I711Sch. 11 para. 68 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

69U.K.In section 6(1) (application for order for payments agreed between parties to a marriage) for “a magistrates' court” substitute                        “ the family court ”.

Commencement Information

I712Sch. 11 para. 69 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

70U.K.In section 7(1) (powers of court where parties living apart by agreement) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I713Sch. 11 para. 70 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

71(1)Section 19 (interim maintenance orders) is amended as follows.U.K.

(2)In subsection (1) (courts' powers)—

(a)in paragraph (a)—

(i)for “the magistrates' court” substitute “ the family court ”, and

(ii)omit the words from “or on refusing” to the end; and

(b)omit paragraphs (b) and (c) (High 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 ceases 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' court to be treated,                        for certain purposes, as an order of that magistrates' court).

Commencement Information

I714Sch. 11 para. 71 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

72U.K.In section 20 (variation, revival and revocation of orders for periodical payments) in each of subsections (1) to (3) and                        (5) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I715Sch. 11 para. 72 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

73(1)Section 20ZA (variation of orders for periodical payments: further provision) is amended as follows.U.K.

(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) (power 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 exercise powers in particular way).

(6)In subsection (10) (powers under section only exercisable if payer resident in England and Wales)—

(a)omit “, or of a justices' clerk,”, and

(b)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 ordinarily resident in England                           and Wales. ”

Commencement Information

I716Sch. 11 para. 73 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

74U.K.In section 20A(1) (application by child 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”.

Commencement Information

I717Sch. 11 para. 74 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

75U.K.Omit section 22 (variation of instalments of lump sum).

Commencement Information

I718Sch. 11 para. 75 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

76U.K.Omit section 23(2) (certain powers of a magistrates' court do not apply to orders under Part 1).

Commencement Information

I719Sch. 11 para. 76 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

77U.K.In section 25(4) (magistrates' court's power to determine date on which order ceased to have effect because the parties were                        living together) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I720Sch. 11 para. 77 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

78U.K.Section 27 (refusal of order in case more suitable for High Court) is repealed.

Commencement Information

I721Sch. 11 para. 78 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

79(1)Section 28 (powers of High Court and county court relation to certain orders under Part 1) is amended as follows.U.K.

(2)In subsection (1) (power of High Court or county court in matrimonial proceedings to direct that order of magistrates' court                        is to cease to have effect)—

(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' court” 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 ”.

Commencement Information

I722Sch. 11 para. 79 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

80U.K.Section 29 (appeals) is repealed.

Commencement Information

I723Sch. 11 para. 80 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

81(1)Section 30 (provisions as to jurisdiction and procedure) is amended as follows.U.K.

(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 proceedings                        is not domiciled in England and Wales) for “a magistrates' court” substitute “ the family court ”.

(4)Omit subsection (6) (interpretation of subsections (1) and (1A)).

Commencement Information

I724Sch. 11 para. 81 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

82U.K.Section 31 (constitution of courts) is repealed.

Commencement Information

I725Sch. 11 para. 82 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

83(1)Section 32 (enforcement etc of orders for payment of money) is amended as follows.U.K.

(2)Omit subsection (1) (order under Part 1 to be enforced as a magistrates' court maintenance order).

(3)In subsection (2) (power to order payment 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 than 12 months old not to be enforced without court's permission) for “High Court or any county”                        substitute “ family ”.

Commencement Information

I726Sch. 11 para. 83 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

84(1)Section 35 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation                        of civil partnership) is amended as follows.U.K.

(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 court, except that such 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 jurisdiction of county court under subsection (4)).

(6)In subsection (7) (liability 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 made under section 2(1)(a), 6 or                        7 of this Act are required to be made,” substitute “ An officer of the family court, ”, and

(ii)for “the first-mentioned order” 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 first 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) for “first mentioned order”, in both places, substitute “ order made under section 2(1)(a), 6 or 7 of this Act ”.

Commencement Information

I727Sch. 11 para. 84 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

85U.K.In section 88 (interpretation)—

(a)in subsection (1) (defined terms), 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).

Commencement Information

I728Sch. 11 para. 85 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Civil Jurisdiction and Judgments Act 1982 (c. 27)U.K.

86(1)The Civil Jurisdiction and Judgments Act is amended as follows.U.K.

(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' court in England and Wales, the Lord Chancellor is to transmit the application                        to the family court”.

(3)In section 5(2) (determination of transmitted application) for “officer of that court” substitute “officer— 

(a)of the family court if the application is transmitted to that court, or                  

(b)in any other case, of the court having jurisdiction in the matter”.                  

(4)Omit section 5(5A) to (5C) (enforcement 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 transmit                        the application to the family court”.

(8)In section 5A(2) (determination of transmitted 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) (enforcement 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) (jurisdiction of magistrates' courts)—

(a)after “particular magistrates' court” 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) (registration of maintenance orders) for “county court order, a magistrates'” substitute “ family ”.

(16)In section 48(3) (rules of court relating to maintenance orders)—

(a)in the words before paragraph (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 “purposes of” insert “ the family court or ”, and

(c)in paragraphs (f) and (h) after “which” 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, the Court of Appeal, the High Court, the Crown Court, the family court, the county court and a magistrates'                           court,”, and                  

(b)in paragraph (b) omit “England and Wales or”.

Commencement Information

I729Sch. 11 para. 86 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Matrimonial and Family Proceedings Act 1984 (c. 42)U.K.

87U.K.The Matrimonial and Family Proceedings Act 1984 is amended as follows.

Commencement Information

I730Sch. 11 para. 87 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

88U.K.In section 27 (interpretation of Part 3: financial relief in England and Wales after overseas divorce etc) in the definition                        of “the court” for the words after “High Court or” substitute “ the family court ”.

Commencement Information

I731Sch. 11 para. 88 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

89U.K.In section 32 (meaning of “family business” etc) omit the definitions of “civil partnership cause” and “the 1973 Act”.

Commencement Information

I732Sch. 11 para. 89 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

90U.K.Sections 33 to 36D (jurisdiction of county court in matrimonial causes and civil partnership causes) are repealed.

Commencement Information

I733Sch. 11 para. 90 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

91U.K.In section 37 (directions as to distribution and transfer of family business and proceedings between the High Court and county                        court) for “county courts” substitute “ the family court ”.

Commencement Information

I734Sch. 11 para. 91 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

92(1)Section 38 (transfer of family proceedings from High Court to county court) is amended as follows.U.K.

(2)In subsection (1) (High Court's power to transfer proceedings) for “a county court” substitute “ the family court. ”

(3)In subsection (2) (proceedings which 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) (certain 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) (transferee 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”.

Commencement Information

I735Sch. 11 para. 92 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

93(1)Section 39 (transfer of family proceedings to High Court from county court) is amended as follows.U.K.

(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) (proceedings which are transferable under the section) for paragraphs (a) and (b) substitute—

“(a)all family proceedings commenced 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”.

Commencement Information

I736Sch. 11 para. 93 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

94U.K.Section 42 (county court proceedings in principal registry of Family Division) is repealed.

Commencement Information

I737Sch. 11 para. 94 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Family Law Act 1986 (c. 55)U.K.

95U.K.The Family Law Act 1986 is amended as follows.

Commencement Information

I738Sch. 11 para. 95 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

96U.K.In section 55(1) (application for declaration as to marital status may be made to High Court or county court) for “a county                        court” substitute “ the family court ”.

Commencement Information

I739Sch. 11 para. 96 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

97U.K.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 ”.

Commencement Information

I740Sch. 11 para. 97 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

98(1)Section 56 (declarations of legitimacy or legitimation) is amended as follows.U.K.

(2)In subsection (1) (application for declaration of legitimacy may be made to High Court or county court) for “a county court”                        substitute “ the family court ”.

(3)In subsection (2) (application for declaration of legitimation may be made to High Court or county court) for “a county court”                        substitute “ the family court ”.

Commencement Information

I741Sch. 11 para. 98 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

99U.K.In section 57(1) (application for declaration as to adoption effected overseas may be made to High Court or county court)                        for “a county court” substitute “ the family court ”.

Commencement Information

I742Sch. 11 para. 99 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

100U.K.Omit section 60(5) (appeals in relation to magistrates' courts declarations under section 55A).

Commencement Information

I743Sch. 11 para. 100 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Matrimonial Proceedings (Transfers) Act 1988 (c. 18)U.K.

101U.K.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 ”.

Commencement Information

I744Sch. 11 para. 101 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Children Act 1989 (c. 41)U.K.

102U.K.The Children Act 1989 is amended as follows.

Commencement Information

I745Sch. 11 para. 102 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

103U.K.Omit section 11J(13) (section 11J is without prejudice to section 63(3) of the Magistrates' Courts Act 1980 as it applies                        in relation to contact orders).

Commencement Information

I746Sch. 11 para. 103 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

104U.K.In section 14(1) (enforcement of residence orders in magistrates' courts) omit “under section 63(3) of the Magistrates' Courts                        Act 1980”.

Commencement Information

I747Sch. 11 para. 104 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

105U.K.Omit section 15(2) (disapplication of powers of magistrates' courts in relation to maintenance orders).

Commencement Information

I748Sch. 11 para. 105 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

106U.K.In section 38B(4) (court's power to accept undertaking relating to interim care order is without prejudice to other powers                        of High Court and county court) for “county court” substitute “ family court ”.

Commencement Information

I749Sch. 11 para. 106 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

107U.K.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 court” substitute “ family court ”.

Commencement Information

I750Sch. 11 para. 107 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

108U.K.In section 83(5) (direction 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 ”.

Commencement Information

I751Sch. 11 para. 108 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

109(1)Section 92 (jurisdiction of courts) is amended as follows.U.K.

(2)Omit subsections (1) to (5) (which relate to family proceedings in magistrates' courts).

(3)Omit subsection (6) (which introduces 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 subsection (7)) omit the words from “the provision” to “Schedule 11 and to”.

(6)Omit subsections (9) to (10A) (Lord Chancellor's power by order to provide for principal registry of Family Division of High                        Court to be treated as a county court for specified purposes).

Commencement Information

I752Sch. 11 para. 109 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

110U.K.In section 93(2) omit paragraphs (d), (f), (g), (i) and (j) (rules of court: magistrates' courts).

Commencement Information

I753Sch. 11 para. 110 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

111U.K.Section 94 (appeals) is repealed.

Commencement Information

I754Sch. 11 para. 111 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

112U.K.Schedule 1 (financial provision for children) is amended as follows.

Commencement Information

I755Sch. 11 para. 112 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

113U.K.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).

Commencement Information

I756Sch. 11 para. 113 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

114U.K.In paragraph 5 (provisions relating to lump sums), omit sub-paragraphs (2) and (4) (limits on amounts which may be ordered                        by magistrates' courts).

Commencement Information

I757Sch. 11 para. 114 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

115(1)Paragraph 6A (variation etc of orders for periodical payments) is amended as follows.U.K.

(2)In sub-paragraph (1)—

(a)for “a magistrates'” substitute “ the family ”, and

(b)for “sub-paragraphs (7) and (8)” substitute “ sub-paragraph (7) ”.

(3)In sub-paragraphs (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 ”.

(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 exercise powers in particular way).

(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. ”

Commencement Information

I758Sch. 11 para. 115 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

116U.K.Omit paragraph 10(6) (limits on powers of magistrates' courts to deal with applications for alteration of maintenance agreements).

Commencement Information

I759Sch. 11 para. 116 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

117U.K.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) for “a county court” substitute                        “ the family court ”, and

(c)omit sub-paragraph (5) (limits on jurisdiction of county court).

Commencement Information

I760Sch. 11 para. 117 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

118U.K.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 magistrates' court” substitute “ the family court ”, and

(b)omit sub-paragraph (3) (enforcement of orders made by magistrates' courts).

Commencement Information

I761Sch. 11 para. 118 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

119U.K.In paragraph 13 (High Court or county court may order settlement of instrument by conveyancing counsel) for “a county court”                        substitute “ the family court ”.

Commencement Information

I762Sch. 11 para. 119 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

120U.K.Omit paragraph 24(1) of Schedule 2 (enforcement of contribution orders made by magistrates' courts).

Commencement Information

I763Sch. 11 para. 120 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

121U.K.Omit Part 1 of Schedule 11 (jurisdiction).

Commencement Information

I764Sch. 11 para. 121 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Child Support Act 1991 (c. 48)U.K.

122U.K.The Child Support Act 1991 is amended as follows.

Commencement Information

I765Sch. 11 para. 122 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

123U.K.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) requiring” substitute “ of court may require ”, and

(b)for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I766Sch. 11 para. 123 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

124U.K.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 ”.

Commencement Information

I767Sch. 11 para. 124 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

125U.K.In section 45(2)(a) (power of Lord Chancellor to provide for certain appeals to be made to a court: meaning of “court”) for                        the words after “England and Wales” substitute “ , the High Court or the family court; and ”.

Commencement Information

I768Sch. 11 para. 125 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

126U.K.In section 48(1) (rights of audience for authorised officer of Commission) after “before” insert “ the family court or ”.

Commencement Information

I769Sch. 11 para. 126 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Criminal Justice Act 1991 (c. 53)U.K.

127U.K.In section 60(3) of the Criminal Justice 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 ”.

Commencement Information

I770Sch. 11 para. 127 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Social Security Administration Act 1992 (c. 5)U.K.

128(1)In section 106 of the Social Security Administration Act 1992 (recovery of expenditure on benefit from person liable for maintenance)—U.K.

(a)in subsections (1) and (2) for “a complaint” substitute “ an application ”,

(b)in subsection (1) (complaint by Secretary of State to magistrates' court) for “a magistrates' court” substitute “ the family court ”,

(c)in subsection (3) for “complaint” 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 references to the family court there shall be substituted references to the sheriff. ”

(2)The amendments made by sub-paragraph (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.

Commencement Information

I771Sch. 11 para. 128 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Family Law Act 1996 (c. 27)U.K.

129U.K.The Family Law Act 1996 is amended as follows.

Commencement Information

I772Sch. 11 para. 129 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

130U.K.In section 45(2)(c) (ex parte orders: prejudice resulting from delay in effecting service) for the words from “involved—”                        to “case,” substitute “ involved ”.

Commencement Information

I773Sch. 11 para. 130 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

131U.K.In section 46(5) (power to accept undertaking instead of making occupation or non-molestation order does not affect other                        powers of High Court and county court) for “the county court” substitute “ the family court ”.

Commencement Information

I774Sch. 11 para. 131 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

132U.K.In section 47 (arrest for breach of order)—

(a)in subsection (11) (which 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 interfering 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)”.

Commencement Information

I775Sch. 11 para. 132 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

133U.K.Section 50 (power of magistrates' court to suspend execution of a committal order) is repealed.

Commencement Information

I776Sch. 11 para. 133 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

134U.K.Section 51 (power of magistrates' court to order hospital admission or guardianship) is repealed.

Commencement Information

I777Sch. 11 para. 134 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

135(1)Section 57 (jurisdiction of courts under Part 4) is amended as follows.U.K.

(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 ”.

(3)Omit subsections (2) to (12) (jurisdiction: Lord Chancellor's powers).

Commencement Information

I778Sch. 11 para. 135 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

136U.K.Section 59 (jurisdiction of magistrates' courts under Part 4) is repealed.

Commencement Information

I779Sch. 11 para. 136 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

137U.K.Section 61 (appeals) is repealed.

Commencement Information

I780Sch. 11 para. 137 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

138U.K.In section 63(1) (interpretation of Part 4), in the definition of “the relevant judicial authority”, for paragraphs (b) and                        (c) substitute—

“(aa)where the order was made by the family court, a judge of that court.”                  

Commencement Information

I781Sch. 11 para. 138 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

139(1)Section 63M (jurisdiction of courts under Part 4A) is amended as follows.U.K.

(2)In subsection (1) (default meaning of “the court”) for “a county court” substitute “ the family court ”.

(3)Omit subsections (2) to (4) (application of section 57(3) to (12) with modification).

Commencement Information

I782Sch. 11 para. 139 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

140U.K.Section 63N (power to extend jurisdiction to magistrates' courts) is repealed.

Commencement Information

I783Sch. 11 para. 140 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

141U.K.Section 63P (appeals: Part 4A) is repealed.

Commencement Information

I784Sch. 11 para. 141 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

142U.K.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. ”

Commencement Information

I785Sch. 11 para. 142 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

143U.K.In section 65 (rules, regulations and orders)—

(a)in subsection (3) omit “, 63N”, and

(b)in subsection (4) omit “or 63N”.

Commencement Information

I786Sch. 11 para. 143 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

144(1)Paragraph 1 of Schedule 5 (powers to remand: meaning of “the court”) is amended as follows.U.K.

(2)In the words before paragraph (a) for “a county court” substitute “ the family court ”.

(3)In paragraph (b) for the words after “in relation to” substitute “ the family court, a judge of that court. ”

Commencement Information

I787Sch. 11 para. 144 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

145U.K.In paragraph 1 of Schedule 7 (transfer of certain tenancies on divorce etc or on separation of cohabitants: interpretation)                        for the definition of “the court” substitute—

““the court” means the High Court or the family court,”.                  

Commencement Information

I788Sch. 11 para. 145 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Crime and Disorder Act 1998 (c. 37)U.K.

146U.K.The Crime and Disorder Act 1998 is amended as follows.

Commencement Information

I789Sch. 11 para. 146 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

147(1)Section 11 (child safety orders) is amended as follows.U.K.

(2)In subsection (1) (application to magistrates' court for child safety order) for “a magistrates' court” substitute “ the family court ”.

(3)In subsection (6) (proceedings for child safety order to be family proceedings for the purposes of certain enactments) omit                        “or section 65 of the Magistrates' Courts Act 1980 (“the 1980 Act”)”.

Commencement Information

I790Sch. 11 para. 147 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

148(1)Section 12 (child safety orders: supplemental) is amended as follows.U.K.

(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) (powers 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”.

Commencement Information

I791Sch. 11 para. 148 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

149U.K.Omit section 13 (appeals to county court against child safety orders).

Commencement Information

I792Sch. 11 para. 149 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

150U.K.In section 13B(7) (parental compensation orders: offence) for “the 1980 Act” substitute “the Magistrates' Courts Act 1980                        (“the 1980 Act”)”.

Commencement Information

I793Sch. 11 para. 150 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Adoption and Children Act 2002U.K.

151U.K.The Adoption and Children Act 2002 is amended as follows.

Commencement Information

I794Sch. 11 para. 151 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

152U.K.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) (meaning of “relevant officer” in relation to county court and High Court) for “a county” substitute “ the family ”.

Commencement Information

I795Sch. 11 para. 152 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

153U.K.Omit section 55(2) (revocation of adoptions on legitimation: interpretation in relation to magistrates' courts).

Commencement Information

I796Sch. 11 para. 153 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

154U.K.In section 60 (disclosure of information to adopted adult)—

(a)in subsection (2)(a) (High Court power by order to prohibit disclosure) after “High Court” insert “ or family court ”,

(b)in subsection (3) (supplementary provision about orders under subsection (2)(a)) after “High Court” insert “ or family court ”.

Commencement Information

I797Sch. 11 para. 154 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

155U.K.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 ”.

Commencement Information

I798Sch. 11 para. 155 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

156U.K.In section 95(1)(d) (offences relating to payment for steps taken in contravention of section 92(1)) after “High Court” insert                        “ or family court ”.

Commencement Information

I799Sch. 11 para. 156 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

157U.K.In section 101(1) (proceedings in High Court or county court may be heard in private) for “a County Court” substitute “ the family court ”.

Commencement Information

I800Sch. 11 para. 157 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

158U.K.Omit section 141(5) (rules of procedure: magistrates' courts).

Commencement Information

I801Sch. 11 para. 158 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

159U.K.In section 144(1) (interpretation), for the definition of “court” substitute—

““court” means the High Court or the family court,”                  

Commencement Information

I802Sch. 11 para. 159 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Gender Recognition Act 2004 (c. 7)U.K.

160U.K.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 ”.

Commencement Information

I803Sch. 11 para. 160 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Civil Partnership Act 2004 (c. 33)U.K.

161U.K.The Civil Partnership Act 2004 is amended as follows.

Commencement Information

I804Sch. 11 para. 161 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

162U.K.For section 37(4)(b) (in Chapter 2 of Part 2 “the court” includes certain county courts) substitute—

“(b)the family court.”                  

Commencement Information

I805Sch. 11 para. 162 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

163U.K.In section 46(5)(a) (periods which may be treated for the purposes of section 44(5)(d) as periods during which respondent                        has deserted applicant) for “or a county court” substitute “ , the family court or the county court ”.

Commencement Information

I806Sch. 11 para. 163 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

164U.K.In section 58 (application for declaration may be made to High Court or county court) for “a county court” substitute “ the family court ”.

Commencement Information

I807Sch. 11 para. 164 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

165(1)Section 66 (disputes between civil partners about property) is amended as follows.U.K.

(2)For subsection (1)(b) (application may be made to county court prescribed by rules of court) substitute—

“(b)the family court.”                  

(3)Omit subsection (3) (no limits on jurisdiction of county court under subsection (2)).

Commencement Information

I808Sch. 11 para. 165 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

166U.K.For section 220(b) (in sections 221 to 224 “the court” includes certain county courts) substitute—

“(b)the family court.”                  

Commencement Information

I809Sch. 11 para. 166 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

167(1)Part 2 of Schedule 1 (special provisions about civil partnerships which are prohibited unless paragraph 2(1) conditions are                        met) is amended as follows.U.K.

(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 ”.

Commencement Information

I810Sch. 11 para. 167 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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.U.K.

(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 magistrates' court” substitute “ the family court ”.

Commencement Information

I811Sch. 11 para. 168 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

169U.K.Schedule 5 (financial relief in the High Court or a county court etc) is amended as follows.

Commencement Information

I812Sch. 11 para. 169 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

170U.K.In paragraph 63(2) (payment of certain arrears under certain orders unenforceable without leave of the court) for “any county                        court” substitute “ the family court ”.

Commencement Information

I813Sch. 11 para. 170 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

171(1)Paragraph 64 (orders for repayment in certain cases of sums paid under certain orders) is amended as follows.U.K.

(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) (no limits on jurisdiction of county court under sub-paragraph (7)).

Commencement Information

I814Sch. 11 para. 171 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

172(1)Paragraph 65 (orders for repayment in certain cases of sums paid after cessation of order by reason of formation of subsequent                        civil partnership or marriage) is amended as follows.U.K.

(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) (no limits on jurisdiction of county court under sub-paragraph (6)).

(4)In sub-paragraph (8)(a) (liability of court officers in respect of orders for periodical payments)—

(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)for “in pursuance of the payments order” substitute “ , in pursuance of a payments order requiring payments 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,”.                  

Commencement Information

I815Sch. 11 para. 172 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

173U.K.In paragraph 69 (alteration of maintenance agreements where both parties are living)—

(a)in sub-paragraph (1) (courts to which application for alteration may be made) omit “or, subject to sub-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 ”.

Commencement Information

I816Sch. 11 para. 173 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

174U.K.Omit paragraph 70 (limits on powers of magistrates' court to deal with applications for alterations).

Commencement Information

I817Sch. 11 para. 174 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

175U.K.In paragraph 73 (alterations of maintenance agreements after death of one party)—

(a)in sub-paragraph (2) (application for alteration may be made to High Court or county court) omit the words 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”.

Commencement Information

I818Sch. 11 para. 175 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

176U.K.For paragraph 80(3)(b) (in Schedule 5 “the court” includes certain county courts) substitute—

“(b)the family court.”                  

Commencement Information

I819Sch. 11 para. 176 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

177U.K.For the Schedule title substitute “ Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973 ”.

Commencement Information

I820Sch. 11 para. 177 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

178U.K.Schedule 6 (financial relief in magistrates' courts etc) is amended as follows.

Commencement Information

I821Sch. 11 para. 178 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

179U.K.In paragraph 1(1) (grounds of application to magistrates' court for order for financial provision) for “a magistrates' court”                        substitute “ the family court ”.

Commencement Information

I822Sch. 11 para. 179 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

180U.K.Omit paragraph 8 (refusal of order in case more suitable for High Court).

Commencement Information

I823Sch. 11 para. 180 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

181U.K.In paragraph 9(1) (application for order for payments agreed between parties to a civil partnership) for “a magistrates' court”                        substitute “ the family court ”.

Commencement Information

I824Sch. 11 para. 181 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

182U.K.In paragraph 15(1) (powers of court where parties living apart by agreement) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I825Sch. 11 para. 182 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

183(1)Paragraph 20 (circumstances in which interim orders may be made) is amended as follows.U.K.

(2)In sub-paragraph (2) (circumstances in which magistrates' court may make order)—

(a)for “A magistrates' court” substitute “ 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).

Commencement Information

I826Sch. 11 para. 183 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

184U.K.Omit paragraph 23 (interim orders: payments which can be treated as having been paid on account).

Commencement Information

I827Sch. 11 para. 184 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

185(1)Paragraph 24 (when interim order ceases to have effect) is amended as follows.U.K.

(2)In sub-paragraph (1)(c) (interim order ceases to have effect on final order of magistrates' court or dismissal of application)                        for “a magistrates' court” substitute “ the family court ”.

(3)In sub-paragraph (2) (interim order may be continued in force by order of court)—

(a)in paragraph (a) for “the magistrates' court which made the order, or” substitute “ the family court, ”, and

(b)omit paragraph (b).

Commencement Information

I828Sch. 11 para. 185 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

186U.K.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).

Commencement Information

I829Sch. 11 para. 186 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

187U.K.In paragraph 29(6) (magistrates' court's power to determine date on which order ceased to have effect because the parties                        were living together) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I830Sch. 11 para. 187 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

188U.K.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” substitute “ the family court ”.

Commencement Information

I831Sch. 11 para. 188 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

189U.K.In paragraph 31 (power to order lump sum on variation) in each of sub-paragraphs (1) and (2) for “a magistrates' court” substitute                        “ the family court ”.

Commencement Information

I832Sch. 11 para. 189 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

190U.K.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”.

Commencement Information

I833Sch. 11 para. 190 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

191U.K.Omit paragraph 36 (variation by justices' clerk).

Commencement Information

I834Sch. 11 para. 191 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

192U.K.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).

Commencement Information

I835Sch. 11 para. 192 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

193U.K.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 ordinarily resident in England                           and Wales. ”

Commencement Information

I836Sch. 11 para. 193 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

194U.K.In paragraph 39 (who may make application) for “, 31 or 36” substitute “ or 31 ”.

Commencement Information

I837Sch. 11 para. 194 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

195U.K.In paragraph 40(1) (application by child for revival of periodical payments order) in the words before paragraph (a), for                        “a magistrates' court” substitute “ the family court ”.

Commencement Information

I838Sch. 11 para. 195 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

196U.K.Omit paragraphs 41 and 42 (variation by, and other powers of, a magistrates' court).

Commencement Information

I839Sch. 11 para. 196 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

197(1)Paragraph 44 (orders for repayment in certain cases of sums paid after cessation of order by reason of formation of subsequent                        civil partnership or marriage) is amended as follows.U.K.

(2)In sub-paragraph (4) (court's power to order repayment or partial repayment, or to dismiss application) for “the court” substitute                        “ 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) (no limits on jurisdiction of county court under sub-paragraph (6)).

(5)In sub-paragraph (8) (liability of court officers)—

(a)in paragraph (a)—

(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 order” 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” substitute “ 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 partnership or                           marriage by the person entitled to payments under it, ”.

Commencement Information

I840Sch. 11 para. 197 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

198U.K.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 orders) for “a county court” substitute                        “ the family court ”, and

(b)omit paragraphs (b) and (c) (appeals and constitution of courts).

Commencement Information

I841Sch. 11 para. 198 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

199(1)Paragraph 47 (jurisdiction and procedure) is amended as follows.U.K.

(2)Omit sub-paragraph (1) (limits 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” substitute “ the family court ”.

(4)In sub-paragraph (2) (jurisdiction of magistrates' court exercisable notwithstanding that a party is not domiciled in England                        and Wales) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I842Sch. 11 para. 199 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

200U.K.For the Schedule title substitute “Financial relief: provision corresponding to provision made by the Domestic Proceedings                        and Magistrates' Courts Act 1978”.

Commencement Information

I843Sch. 11 para. 200 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

201U.K.In Schedule 7, in the definition of “the court” in paragraph 19 (in Schedule 7 “the court” includes certain county courts) for the words after “High Court” substitute “ or the family court ”.

Commencement Information

I844Sch. 11 para. 201 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Childcare Act 2006 (c. 21)U.K.

202U.K.The Childcare Act 2006 is amended as follows.

Commencement Information

I845Sch. 11 para. 202 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

203U.K.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 ”.

Commencement Information

I846Sch. 11 para. 203 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

204U.K.In section 79 (power of constable to assist in exercise of powers of entry)—

(a)omit subsection (4) (which applies Schedule 11 to the Children Act 1989 to proceedings under section 79), and

(b)in subsection (5) (meaning of “the court”) for the words after “High Court” substitute “ or the family court ”.

Commencement Information

I847Sch. 11 para. 204 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

205U.K.In section 98F (power of constable to assist in exercise of powers of entry)—

(a)omit subsection (5) (which applies 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.”                  

Commencement Information

I848Sch. 11 para. 205 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Human Fertilisation and Embryology Act 2008 (c. 22)U.K.

206U.K.In section 54(9)(a) of the Human Fertilisation and Embryology Act 2008 (parental orders: application of the Children 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 purposes of the Children Act 1989,”.                  

Commencement Information

I849Sch. 11 para. 206 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

#### Children and Families (Wales) Measure 2010 (nawm 1)U.K.

207U.K.The Children and Families (Wales) Measure 2010 is amended as follows.

Commencement Information

I850Sch. 11 para. 207 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

208U.K.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 ”.

Commencement Information

I851Sch. 11 para. 208 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

209U.K.In section 43 (power of constable to assist in exercise of powers of entry)—

(a)omit subsection (4) (which applies Schedule 11 to the Children Act 1989 to proceedings under section 43), and

(b)in subsection (5) (meaning of “the court”) for the words after “High Court” substitute “ or the family court ”.

Commencement Information

I852Sch. 11 para. 209 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

### **Part 2**U.K.Repeals and revocations in consequence of Part 1 of this Schedule

210U.K.The provisions specified in the table are repealed or revoked to the extent shown.

Commencement Information

I853Sch. 11 para. 210 in force at 22.4.2014 by S.I. 2014/954, **art. 2(e)** (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

 Section 18

## SCHEDULE 12U.K.Gang-related injunctions: further amendments

1U.K.Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence) is amended as follows.

2U.K.After section 46A insert—

### “AppealsU.K.

#### 46BAppeals 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 purposes of section 42 as an order of a youth court.”                  

3U.K.In section 48 (rules of court in relation to injunctions under Part 4)—

(a)in subsection (2) (rules of court 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, and                  

(b)to a decision”.                  

4U.K.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;”.                  

5U.K.In paragraph 1(2) of Schedule 5 (courts' 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” following paragraph (a), and

(d)at the end of paragraph (b) insert “, and 

(c)in relation to a youth court, a judge of that court.”                  

6U.K.Schedule 5A (breach of injunction: powers of court in respect of under-18s) is amended as follows.

7(1)Paragraph 1 (power to make supervision order or detention order) is amended as follows.U.K.

(2)In sub-paragraph (1) (pre-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 any other power of the court                        in relation to breach of injunction).

(4)In sub-paragraph (9) (interpretation of Schedule 5A) omit the definition of “appropriate court”.

8U.K.In paragraph 4(11) (appropriate court may amend activity requirement in supervision order) for “the appropriate” substitute                        “ a youth ”.

9U.K.In paragraph 5(5) (appropriate court may amend curfew requirement in supervision order) for “the appropriate” substitute “ a youth ”.

10U.K.In paragraph 6(7) (appropriate court may amend electronic monitoring requirement in supervision order) for “the appropriate”                        substitute “ a youth ”.

11U.K.In paragraph 8 (amendment of operative period of supervision order)—

(a)in sub-paragraph (1) (appropriate 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, ”.

12U.K.In paragraph 9(1) (change of area of residence of person subject to supervision order) for “the appropriate” substitute “ a youth ”.

13U.K.In paragraph 10(1) and (4) (application for revocation of supervision order to be made to appropriate court, and any further                        such application requires that court's consent) for “the appropriate” substitute “ a youth ”.

14U.K.In paragraph 12 (non-compliance 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 in addition to any other powers of court in relation to                        breach of supervision order).

15U.K.In paragraph 15(1) and (4) (application for revocation of detention order to be made to appropriate court, and any further                        such application requires that court's consent) for “the appropriate” substitute “ a youth ”.

 Section 20

## SCHEDULE 13U.K.Judicial appointments

### **Part 1**U.K.Judges of the Supreme Court: number and selection

#### IntroductoryU.K.

1U.K.The Constitutional Reform Act 2005 is amended as follows.

Commencement Information

I854Sch. 13 para. 1 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(d)** (with savings in S.I. 2013/2193, reg. 23)

#### Number of judges to become maximum full-time equivalent numberU.K.

2(1)Section 23 (establishment of the Supreme Court) is amended as follows.U.K.

(2)In subsection (2) (Supreme Court consists of 12 judges)—

(a)for “12 judges appointed” substitute “ the persons appointed as its judges ”, and

(b)after “by letters patent” insert “ , but no appointment may cause the full-time equivalent number of judges 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 constituted 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 calculated 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.”                  

Commencement Information

I855Sch. 13 para. 2 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(d)** (with savings in S.I. 2013/2193, reg. 23)

3(1)Section 26 (selection of members of the Supreme Court) is amended as follows.U.K.

(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 subsection (1),” substitute “ 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 equivalent number of judges of the Court is less than the maximum specified in section 23(2), or it appears                           to the Lord Chancellor that the full-time equivalent number of judges of the Court will soon be less than that maximum, and                  

(b)the Lord Chancellor, or the senior 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.”                  

Commencement Information

I856Sch. 13 para. 3 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(d)** (with savings in S.I. 2013/2193, reg. 23)

#### Selection of persons to be recommended for appointment to the CourtU.K.

4(1)In section 27 (selection process) after subsection (1) insert—U.K.

“(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 Judicial Appointments Board for Scotland, and                  

(e)at least one member of the 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 Deputy President of the Court.”                  

(2)At the end of that section insert—

“(11)For the purposes of this section 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 disqualifying for membership of the House of Commons), and                  

(b)is not practising or employed as a lawyer, and never has practised or been employed as a lawyer.”                  

Commencement Information

I857Sch. 13 para. 4 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(d)** (with savings in S.I. 2013/2193, reg. 23)

5U.K.After section 27 insert—

##### “27ARegulations about selection process

(1)The Lord Chancellor must by regulations made with the agreement of the senior judge of the Supreme Court—                  

(a)make further provision about 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 only to matters such as the selected person's willingness and availability, by or on behalf of the Lord Chancellor.                  

(2)The regulations may in particular—                  

(a)provide for process additional 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 nomination 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's 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 commission 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 provision 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).”                  

Commencement Information

I858Sch. 13 para. 5 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(d)** (with savings in S.I. 2013/2193, reg. 23)

#### Lord Chancellor's guidance about selection process: procedureU.K.

6U.K.After that section 27A insert—

##### “27BSelection guidance: supplementary

(1)Before issuing any selection guidance 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 resolution 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 each House of Parliament after                           consultation with the senior judge of the Court.                  

(5)Selection guidance comes into force on such date as the Lord Chancellor may appoint by order.                  

(6)Where selection guidance is in force, the Lord Chancellor may revoke the guidance only by—                  

(a)new selection guidance issued 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 beginning 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 prorogued 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 guidance mentioned in section 27(9).”                         

Commencement Information

I859Sch. 13 para. 6 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(d)** (with savings in S.I. 2013/2193, reg. 23)

#### Consequential amendments, repeals and revocationsU.K.

7(1)Omit—U.K.

(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 recommended for appointment as President or Deputy President must also be recommended 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) (cases where duty to convene a selection commission is suspended) substitute—

“(7)Subsections (5) and (5A) are subject 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.”                  

(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) (section 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 disclosed                        without lawful authority) for “to 31” substitute “ and 27 and regulations 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 are not subject to parliamentary procedure)) after “an order under section” 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 ”.

Commencement Information

I860Sch. 13 para. 7 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(d)** (with savings in S.I. 2013/2193, reg. 23)

8U.K.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).

Commencement Information

I861Sch. 13 para. 8 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(d)** (with savings in S.I. 2013/2193, reg. 23)

### **Part 2**U.K.Diversity

#### Diversity considerations where candidates for judicial office are of equal meritU.K.

9U.K.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 persons 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 preferring one of them over the other for                           the purpose of increasing diversity within the group of persons who are the judges of the Court.”                  

Commencement Information

I862Sch. 13 para. 9 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

10(1)Section 63 of the Constitutional Reform Act 2005 (judicial appointments to be solely on merit) is amended as follows.U.K.

(2)In subsection (1) (selections 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 increasing diversity                           within—                  

(a)the group of persons who hold offices for which there is selection under this Part, or                  

(b)a sub-group of that group.”                  

Commencement Information

I863Sch. 13 para. 10 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

#### Encouraging diversityU.K.

11U.K.In Part 6 of the Constitutional Reform Act 2005 (other provisions relating to the judiciary) after section 137 insert—

##### “137AEncouragement 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.”                  

Commencement Information

I864Sch. 13 para. 11 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

#### Maximum numbers of judges to be by reference to full-time equivalent numbersU.K.

12U.K.The Senior Courts Act 1981 is amended as follows.

Commencement Information

I865Sch. 13 para. 12 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

13(1)Section 2 (the Court of Appeal) is amended as follows.U.K.

(2)In subsection (1) (composition of the Court of Appeal) for “of ex-officio judges and not more than 38 ordinary 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 increase 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 section 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.”                  

Commencement Information

I866Sch. 13 para. 13 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

14(1)Section 4 (the High Court) is amended as follows.U.K.

(2)In subsection (1) (High Court to consist 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 ”.

(4)After subsection (6) insert—

“(7)For the purposes of this section 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 fraction as is reasonable.”                  

Commencement Information

I867Sch. 13 para. 14 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

15U.K.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 ”.

Commencement Information

I868Sch. 13 para. 15 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

### **Part 3**U.K.Judicial Appointments Commission

#### IntroductoryU.K.

16U.K.Part 1 of Schedule 12 to the Constitutional Reform Act 2005 (the members of the Judicial Appointments Commission) is amended                        as follows.

Commencement Information

I869Sch. 13 para. 16 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

#### Composition of the Judicial Appointments CommissionU.K.

17U.K.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,”.                  

Commencement Information

I870Sch. 13 para. 17 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

18U.K.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).

Commencement Information

I871Sch. 13 para. 18 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

19U.K.After paragraph 3 (civil servants may not be appointed as Commissioners) insert—

“3AThe number of Commissioners who 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 Justice, 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 paragraph 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 appointment as a Commissioner of a particular description.”                  

3CThe Lord Chancellor may by regulations made with the agreement of the Lord Chief Justice—

(a)define “lay member”, in relation 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).”                  

Commencement Information

I872Sch. 13 para. 19 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

#### Selection of CommissionersU.K.

20U.K.For paragraphs 7 to 10 (selection of Commissioners) substitute—

“6A(1)The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, 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 paragraph may (in particular)—                  

(a)provide for selection or nomination to be by a person, or body, specified in or appointed 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.                  

6BThe 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 Commissioners who are lay members include at any time at least one person who appears to have special                           knowledge of Wales.”

Commencement Information

I873Sch. 13 para. 20 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

21(1)Paragraph 11 (vice-chairman) is amended as follows.U.K.

(2)In sub-paragraph (1) (most senior judicial member is vice-chairman) for “Commissioner who is the most senior of the persons                        appointed as judicial members” substitute “ most senior of the 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-paragraph (1)”                        substitute “ seniority is to be determined in accordance with regulations made by the Lord Chancellor with the agreement of the Lord                           Chief Justice. ”

(4)In sub-paragraph (3) (exercise by vice-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 under 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.”                  

Commencement Information

I874Sch. 13 para. 21 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

#### Commissioners' terms of officeU.K.

22U.K.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 Justice, 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.”                  

Commencement Information

I875Sch. 13 para. 22 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

23U.K.For sub-paragraphs (1) and (2) of paragraph 14 (person ceases to be a Commissioner on ceasing, for certain 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 eligible 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.”                  

Commencement Information

I876Sch. 13 para. 23 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

#### Supplementary amendmentsU.K.

24U.K.After paragraph 17 insert—

##### “RegulationsU.K.

17ARegulations under this Part of this Schedule may—

(a)make different provision for different purposes;                  

(b)include transitional or transitory provision or savings.”                  

Commencement Information

I877Sch. 13 para. 24 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

25U.K.In Part 2 of Schedule 12 to the Constitutional Reform Act 2005 (Judicial Appointments Commission) in paragraph 20(5) (committee                        to which Commission delegates a selection function must include at least one judicial member and one lay member) for “judicial                        member and” substitute “ who is a holder of judicial office and at least ”.

Commencement Information

I878Sch. 13 para. 25 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

26U.K.In section 122 of that Act (interpretation 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;”.                  

Commencement Information

I879Sch. 13 para. 26 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

27U.K.In section 144(5)(e) of that Act (orders under paragraph 5 of Schedule 12 are subject to affirmative parliamentary procedure)                        for “an order under paragraph 5” substitute “ regulations under Part 1 ”.

Commencement Information

I880Sch. 13 para. 27 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

#### Consequential repeal of other legislationU.K.

28U.K.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).

Commencement Information

I881Sch. 13 para. 28 in force at 4.9.2013 by S.I. 2013/2200, **art. 2(c)**

### **Part 4**U.K.Judicial appointments: selection, and transfer of powers of Lord Chancellor

#### Appointments by Her Majesty on Lord Chancellor's recommendation but where selection is to be reported to Lord Chief Justice                        or Senior President of TribunalsU.K.

29(1)Schedule 14 to the Constitutional Reform Act 2005 (Judicial Appointments Commission: relevant offices and enactments) is amended                        as follows.U.K.

(2)The table in Part 1 (appointments by Her Majesty on the Lord Chancellor's recommendation) becomes Table 1 of that Part called                        “ Appointments where the Commission reports to the Lord Chancellor ”.

(3)Move the entries for the following offices 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 Bankruptcy 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 Master 
          -  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 Magistrate) designated under section 23 of that Act 
          -  Deputy Senior District Judge (Chief Magistrate) designated under that section 

(4)In Table 1 of Part 1 omit the entries for the following former offices—
          -  Senior District Judge (Chief Magistrate) designated under subsection (2) of section 10A of the Justices 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 Tribunals” (and with the same column headings)—

Judge of the Upper Tribunal by appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act                        2007                     

Commencement Information

I882Sch. 13 para. 29 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

30(1)Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 (judges and other members of the Upper Tribunal) is amended as                        follows.U.K.

(2)In paragraph 1(2)(d) (eligibility for appointment as judge based on experience gained in law) for “Lord Chancellor's opinion”                        substitute “ opinion of the Senior President of Tribunals ”.

(3)In paragraph 1(3) (meaning of “gain experience in law”) for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

Commencement Information

I883Sch. 13 para. 30 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

#### Recommended appointments: further provisionsU.K.

31U.K.In section 16 of the Courts Act 1971 (appointment of Circuit judges) omit subsection (4) (health).

Commencement Information

I884Sch. 13 para. 31 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

32(1)Section 21 of the Courts Act 1971 (appointment of Recorders) is amended as follows.U.K.

(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 provisions 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 Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to                           exercise functions of the Lord Chief Justice under subsection (4) or (4C).”                  

(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) and (7)” substitute “ Section 21 ”.

Commencement Information

I885Sch. 13 para. 32 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

33U.K.In section 89(4) of the Senior Courts Act 1981 (additional offices and duties of Senior Master appointed under subsection                        (3)(a)) for “under subsection (3)(a)” substitute “ of the Queen's Bench Division ”.

Commencement Information

I886Sch. 13 para. 33 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

#### Deputy Circuit judges to be appointed by Lord Chief JusticeU.K.

34(1)Section 24 of the Courts Act 1971 (deputy Circuit judges and assistant Recorders) is amended as follows.U.K.

(2)In subsection (1) (appointment to facilitate disposal of certain business) for “a county court” substitute “ county court or any other court or tribunal to which a person appointed under this subsection 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 “ Lord 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 deputy 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 purpose 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 provisions of this section, a person appointed under this section is to hold and vacate office as                           a deputy Circuit judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor                           may determine.”                  

(6)In subsection (6) (Lord Chief Justice'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).

Commencement Information

I887Sch. 13 para. 34 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

#### Deputy and temporary Masters etc to be appointed by Lord Chief JusticeU.K.

35(1)Section 91 of the Senior Courts Act 1981 (deputy and temporary Masters, Registrars etc of the High Court) is amended as follows.U.K.

(2)In subsection (1) (Lord Chancellor's power of appointment)—

(a)for “the Lord Chancellor”, in the 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 Chief Justice                        must concur) 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 subsection (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) (including a period already extended                           under this subsection) must be extended by the Lord Chancellor before its expiry; and for this purpose a person appointed                           under subsection (1) to act under this section on certain 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, 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.                  

(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 to hold and vacate office in 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 “ subsection (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)” substitute “ Section 91 ”.

(7)In consequence of the previous provisions of this paragraph, in the Tribunals, Courts and Enforcement Act 2007 omit sections                        57(2)(a) and (5) and 144(5).

Commencement Information

I888Sch. 13 para. 35 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

#### Deputy district judges to be appointed by Lord Chief JusticeU.K.

36(1)Section 102 of the Senior Courts Act 1981 (deputy district judges for the High Court) is amended as follows.U.K.

(2)In subsection (1) (Lord Chancellor's power of appointment)—

(a)for “Lord Chancellor” substitute “ 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) (Lord 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 Justice” 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 subsection (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.                  

(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 Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to                           exercise the Lord Chief Justice's functions under 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 ”.

Commencement Information

I889Sch. 13 para. 36 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

37(1)Section 8 of the County Courts Act 1984 (deputy district judges for the county court) is amended as follows.U.K.

(2)In subsection (1) (Lord Chancellor's power of appointment) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(3)In subsection (1ZB) (Lord 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 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.                  

(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 provisions 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 nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to                           exercise the Lord Chief Justice's functions under 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 ”.

Commencement Information

I890Sch. 13 para. 37 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

#### Deputy District Judges (Magistrates' Courts) to be appointed by Lord Chief JusticeU.K.

38(1)Section 24 of the Courts Act 2003 (Deputy District Judges (Magistrates' Courts)) is amended as follows.U.K.

(2)In subsection (1) (Lord Chancellor's power of appointment) for “Lord Chancellor”, in the first place, substitute “ Lord Chief Justice ”.

(3)For subsection (4) (removal from office to be by Lord Chancellor with concurrence of Lord Chief Justice but only on ground                        of incapacity or misbehaviour) substitute—

“(4)A person may be removed from office as a Deputy District Judge (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 period already extended under                           this subsection) must be extended by the Lord Chancellor before its expiry.                  

(4B)Extension under subsection (4A)—                  

(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 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 (Magistrates' Courts)                           in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.                  

(4D)The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to                           exercise the Lord Chief Justice's functions under 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 ”.

Commencement Information

I891Sch. 13 para. 38 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

#### Lay justices to be appointed by Lord Chief JusticeU.K.

39(1)Section 10 of the Courts Act 2003 (justices of the peace who are not District Judges (Magistrates' Courts)) is amended as                        follows.U.K.

(2)In subsection (1) (Lord 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 arrangements for consulting persons appearing to the Lord Chief Justice to have special                           knowledge of matters relevant to the exercise of that function in relation to that area.”                  

(5)In subsection (2A) (Lord Chancellor to ensure local consultation takes place in relation to the exercise of functions under                        subsections (1) and (2)) for “subsections (1) and” substitute “ subsection ”.

(6)After subsection (6) insert—

“(6A)The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to                           exercise functions of the Lord Chief Justice under subsection (1).”                  

(7)In subsection (7) (delegation of Lord Chief Justice's functions) after “subsection (2)” insert “ , (2ZA) ”.

Commencement Information

I892Sch. 13 para. 39 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

#### Transfer of appointment powers to Lord Chief Justice: further provisionsU.K.

40(1)Section 94A of the Constitutional Reform Act 2005 (certain appointments by Lord Chancellor not subject to section 85 but require                        concurrence of Lord Chief Justice) is amended as follows.U.K.

(2)For subsection (1)(b) (concurrence requirement) substitute—

“(b)the person who has the power 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 ”.

Commencement Information

I893Sch. 13 para. 40 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

41(1)Schedule 14 to that Act (Judicial Appointments Commission: relevant offices and enactments) is amended as follows.U.K.

(2)For the title of Part 2 substitute “Court-related appointments”.

(3)The table in Part 2 (appointments by the Lord Chancellor) becomes Table 1 of that Part called “ Appointments by the Lord Chancellor ”.

(4)Move the entries for the following offices 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 under 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 under 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 entry for the following former office—

Justice of the Peace appointed under section 5 of the Justices of the Peace Act 1997

Commencement Information

I894Sch. 13 para. 41 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with art. 4) (with savings in S.I. 2013/2192, regs. 48, 49)

#### Senior President of Tribunals to make certain appointments to First-tier and Upper TribunalsU.K.

42U.K.The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

Commencement Information

I895Sch. 13 para. 42 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

43U.K.In section 7(7) (Lord Chancellor's power to appoint Chamber Presidents for the First-tier Tribunal or the Upper Tribunal)                        for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

Commencement Information

I896Sch. 13 para. 43 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

44(1)In section 8 (power of Senior President of Tribunals to delegate) after subsection (1) insert—U.K.

“(1A)A function under paragraph 1(1) or 2(1) of Schedule 2 may be delegated under subsection (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)” substitute “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 functions 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.”                  

Commencement Information

I897Sch. 13 para. 44 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

45(1)Schedule 2 (judges and other members of the First-tier Tribunal) is amended as follows.U.K.

(2)In paragraphs 1(1) and 2(1) (Lord Chancellor's power to appoint) for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

(3)In paragraph 1(2)(d) (eligibility for appointment as judge based on experience gained in law) for “Lord Chancellor's opinion”                        substitute “ opinion of the Senior President of Tribunals ”.

(4)In paragraph 1(3) (meaning of “gain experience in law”) for “Lord Chancellor” substitute “ Senior 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—                  

(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 person 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 for 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 sub-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” substitute “ the preceding provisions of this paragraph (but subject in the first place ”, and

(b)after “appointment” insert “ , which are to be such as the Lord Chancellor may determine ”.

Commencement Information

I898Sch. 13 para. 45 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

46(1)Schedule 3 (judges and other members of the Upper Tribunal) is amended as follows.U.K.

(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 office) 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 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—                  

(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 person 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 for 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 sub-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” substitute “ the preceding provisions of this paragraph (but subject in the first place ”, and

(b)after “appointment” insert “ , which are to be such as the Lord Chancellor may 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 place, 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—                  

(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 person 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 for 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 sub-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 Pensions and Retirement                           Act 1993), a person is to hold and vacate office as a deputy judge of the Upper Tribunal in accordance with the person's terms                           of appointment, which are to be such as the Lord Chancellor may determine.”                  

Commencement Information

I899Sch. 13 para. 46 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

47(1)Schedule 4 (chambers, and chamber presidents, for the First-tier Tribunal or the Upper Tribunal) is amended as follows.U.K.

(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 Chancellor” substitute “ Senior President of Tribunals must consult the Lord Chancellor before the Senior President of Tribunals ”.

(4)In paragraph 2(2) to (4) (which relate to the power under section 7(7)) for “Lord Chancellor”, in each place, substitute “ Senior President of Tribunals ”.

(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.”                  

(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” substitute “ 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) (which 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 consult Senior President of Tribunals) for “Senior President of Tribunals” substitute “ Lord 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” substitute “ 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 appointmentU.K.

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 appointment 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 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 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 person 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 for 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 sub-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.”                  

Commencement Information

I900Sch. 13 para. 47 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

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.U.K.

(2)For subsection (1)(b) (concurrence requirement) substitute—

“(b)the person who has the power to make the appointment, whether the Lord Chancellor or the Senior President of Tribunals, may                           not make the 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 Tribunals 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).”                  

Commencement Information

I901Sch. 13 para. 48 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

49(1)Schedule 14 to that Act (Judicial Appointments Commission: relevant offices and enactments) is amended as follows.U.K.

(2)For the title of Part 3 substitute “Tribunal-related and other appointments”.

(3)The table in Part 3 (appointments by the Lord Chancellor) becomes Table 1 of that Part called “ Appointments by the Lord Chancellor ”.

(4)Move the entries for the following offices from Table 1 of Part 3 to form Table 2 of that Part called “Appointments by the                        Senior President of Tribunals” (and with the same column headings)—
          -  Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under section                           7(7) of the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 2(2) to (5) of                           Schedule 4 to that Act                         
          -  Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to that Act 
          -  Other member of the First-tier Tribunal by appointment under paragraph 2(1) of that Schedule 
          -  Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to that Act 
          -  Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of that Schedule 
          -  Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, but not where appointed                           in accordance with paragraph 5(5) to (8) of Schedule 4 to that Act                         

(5)In the entry in Part 3 for Deputy Chief Coroner appointed under paragraph 2(5) of Schedule 8 to the Coroners and Justice Act                        2009, for “2(5)” substitute “ 2(6) ”.

(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.)

Commencement Information

I902Sch. 13 para. 49(1)-(5) (6)(b) in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

I903Sch. 13 para. 49(6)(a) in force at 1.10.2013 for specified purposes by S.I. 2013/2200, **art. 3(f)**

#### Appointments by Lord Chief Justice or Senior President of Tribunals: equalities provisionsU.K.

50(1)Section 50 of the Equality Act 2010 (public offices: appointments, etc) is amended as follows.U.K.

(2)In subsection (2) (meaning of “public office”) after paragraph (c) insert—

“(d)an office or post, appointment 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) (offices within subsection (2)(a) or (b)) for “or (b)” substitute “ , (b) or (d) ”.

Commencement Information

I904Sch. 13 para. 50 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

51(1)Section 51 of the Equality Act 2010 (public offices: recommendations for appointments, etc) is amended as follows.U.K.

(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) ”.

Commencement Information

I905Sch. 13 para. 51 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

#### Certain deployments to the High Court to be made from pool of selected judgesU.K.

52U.K.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 within that entry.”                  

Commencement Information

I906Sch. 13 para. 52 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

#### Main change in selection processU.K.

53(1)The Constitutional Reform Act 2005 is amended as follows.U.K.

(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 that section) insert—

##### “94CSelection process

(1)The Lord Chancellor must by regulations made with the agreement of the Lord Chief Justice—                  

(a)make further provision about the process to be applied in a case where the Commission receives a request under section 87;                  

(b)make further provision about—                  

(i)membership of selection 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 included 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 subject only to matters such as the selected person's willingness and availability, by or on behalf of                           the appropriate authority.                  

(2)The regulations may in particular—                  

(a)provide for process additional 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 request 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) not 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,                  

(iii)power to reject a selection under section 75B(2) or 79(2) or any subsequent selection,                  

(iv)power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and                  

(v)power to require the reconsideration of a decision mentioned in paragraph (d);                  

(f)give functions to the Lord Chief 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 selections made on a request under section 87, and                  

(ii)power to require the reconsideration of a decision mentioned in paragraph (d);                  

(g)give functions to the Senior 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 selections made on a request under section 87, and                  

(ii)power to require the reconsideration of a decision mentioned in paragraph (d);                  

(h)make provision for or in connection with duties mentioned in section 51 of the Equality Act 2010 being duties of the Lord                           Chief Justice, or Senior President of Tribunals, in relation to an office within Table 2 or 3 of Part 1 of Schedule 14;                  

(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 nomination 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 membership 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 Justice to nominate a judicial office holder (as defined in section 109(4)) to exercise functions                           given to the Lord Chief Justice 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 meaning of “non-legally-qualified” and “judicial member” in sections 70, 75B and 79.                  

(3)Regulations under this section—                  

(a)may make different provision 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 Senior 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 the selection relates to an office listed in Table 2 of Part 1 or 2 of that Schedule;                  

(c)the Senior President of Tribunals 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.”                  

Commencement Information

I907Sch. 13 para. 53 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

#### Other changes in relation to selection process and complaintsU.K.

54U.K.The Constitutional Reform Act 2005 is amended as follows.

Commencement Information

I908Sch. 13 para. 54 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

55U.K.In section 66(1)(a) (Lord Chancellor to consult Lord Chief Justice before issuing guidance about selection procedures) for                        “consult” substitute “ obtain the agreement of ”.

Commencement Information

I909Sch. 13 para. 55 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

56U.K.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” substitute “ 94C and regulations made under it ”.

Commencement Information

I910Sch. 13 para. 56 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

57U.K.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 “Those sections are” substitute “ That section is ”.

Commencement Information

I911Sch. 13 para. 57 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

58(1)Section 70 (process for selecting person to be recommended for appointment as Lord Chief Justice or Head of Division) is amended                        as follows.U.K.

(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 are non-legally-qualified,                  

(b)at least two judicial members, and                  

(c)at least two members of the Commission,                  

and contributions to meeting 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 Lord 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) (steps that are to be part of selection process).

(5)In subsection (4) (subsection (3) applies to selection under section 70 or 75) for “section 75” substitute “ regulations under section 94C ”.

(6)Omit subsection (5) (if practicable, panel to consult current holder of office).

Commencement Information

I912Sch. 13 para. 58 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

59U.K.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 75B to 75G apply” substitute “ Section 75B applies ”, and

(b)in subsection (2) for “Those sections are” substitute “ That section is ”.

Commencement Information

I913Sch. 13 para. 59 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

60(1)Section 75B (process for selecting person to be recommended for appointment as Senior President of Tribunals) is amended as                        follows.U.K.

(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 are non-legally-qualified,                  

(b)at least two judicial members, and                  

(c)at least two members of the Commission,                  

and contributions to meeting 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) applies to selection under section 75B or 75G) for “section 75G” substitute “ regulations under section 94C ”.

Commencement Information

I914Sch. 13 para. 60 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

61U.K.In section 76 (sections 77 to 84 apply 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” substitute “ 94C and regulations made under it ”.

Commencement Information

I915Sch. 13 para. 61 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

62U.K.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 “Those sections are” substitute “ That section is ”.

Commencement Information

I916Sch. 13 para. 62 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

63(1)Section 79 (process for selecting person to be recommended for appointment as ordinary judge of Court of Appeal) is amended                        as follows.U.K.

(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 are non-legally-qualified,                  

(b)at least two judicial members, and                  

(c)at least two members of the Commission,                  

and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.”                  

(3)In subsection (2)(a) (panel to determine selection process to be applied) after “applied” insert “ by it ”.

(4)In subsection (4) (subsection (3) applies to selection under section 79 or 84) for “section 84” substitute “ regulations under section 94C ”.

Commencement Information

I917Sch. 13 para. 63 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

64(1)Section 85 (sections 86 to 93 apply in relation to appointment of puisne judges of the High Court or to offices listed in                        Schedule 14) is amended as follows.U.K.

(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 enactment listed opposite that office;                  

(e)an appointment to an office listed in Table 2 of Part 3 of that Schedule in exercise 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 regulations 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 office 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 appointment to the office provide that a person is eligible for 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 appointment to the office provide that a person is eligible for appointment only where the person                           satisfies one or some other 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 the 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 advocate in Scotland of at least a particular number of years' standing;                  

(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 subsection (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 under subsection (5)—                  

(a)may make different provision for different purposes;                  

(b)may make consequential, transitory, transitional or saving provision.”                  

Commencement Information

I918Sch. 13 para. 64 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

65(1)Section 86 (duty to fill vacancies) is amended as follows.U.K.

(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 President 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 Chancellor 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 not apply to a vacancy while the Lord Chancellor agrees that it may remain unfilled.”                  

Commencement Information

I919Sch. 13 para. 65 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

66(1)Section 87 (request for selection of person to fill vacancy for High Court judge or in an office listed in Schedule 14) is                        amended as follows.U.K.

(2)After subsection (1) insert—

“(1A)The Lord Chancellor may request the Commission to select a person for membership of a pool for requests under section 9(1)                           of the Senior 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 “ Section 88 applies ”.

(4)In subsection (5) for “Those sections are” substitute “ That section is ”.

Commencement Information

I920Sch. 13 para. 66 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

67U.K.In section 88 (selection process: puisne judges of High Court and other office holders)—

(a)omit subsection (2) (insufficient candidates of merit),

(b)omit subsection (3) (required elements of selection process),

(c)in subsection (4) (duty to arrange selection of one person for each recommendation or appointment to which a request relates)                        for “or appointment” substitute “ , appointment or pool membership ”, and

(d)in subsection (5) (subsection (4) applies to selection under section 88, 92 or 93) for “section 92 or 93” substitute “ regulations under section 94C ”.

Commencement Information

I921Sch. 13 para. 67 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

68U.K.For section 94 (Commission's duty to identify persons suitable for selection on a future request) substitute—

##### “94Power to require persons to be identified for future requests

(1)If the Lord Chancellor gives the 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 selection on the request.                  

(2)The Lord Chancellor may, by regulations 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 provision for different purposes;                  

(b)may make consequential, supplementary, transitory, transitional or saving provision.”                  

Commencement Information

I922Sch. 13 para. 68 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

69(1)Section 95 (Lord Chancellor's power to withdraw or modify a request) is amended as follows.U.K.

(2)In subsection (2) before 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;”.                  

(3)In that subsection after 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, substitute “ the Lord Chancellor ”, and

(b)for “or appointments” substitute “ , appointments or pool memberships ”.

(5)In subsection (3) (selection already accepted may not be changed in consequence of modification or part-withdrawal 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 may 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 unconditionally or subject only to matters such as the selected person's willingness and availability, or                  

(b)in exercise of power conferred by regulations under section 94C, has been rejected or required to be reconsidered.”                  

Commencement Information

I923Sch. 13 para. 69 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

70(1)Section 97 (consultation under certain provisions to be with head of the judiciary in Scotland or Northern Ireland instead                        of with Lord Chief Justice of England and Wales) is amended as follows.U.K.

(2)In subsection (1) (list of provisions 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) ”.

Commencement Information

I924Sch. 13 para. 70 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

71(1)In section 99 (judicial appointments: complaints) after subsection (3) insert—U.K.

“(3A)An LCJ complaint is a complaint by a qualifying complainant of maladministration by the Lord Chief 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)selection under this Part for membership of a pool for 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 complaint by a qualifying complainant of maladministration by the Senior President of Tribunals or a                           person to whom the Senior President has 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.”                  

Commencement Information

I925Sch. 13 para. 71 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

72U.K.In section 100 (duty to make arrangements to investigate complaints) after subsection (2) insert—

“(2A)The Lord Chief Justice must make arrangements for investigating any LCJ complaint made to the Lord Chief Justice.                  

(2B)The Senior President of Tribunals must make arrangements for investigating any SPT complaint made to the Senior President                           of Tribunals.”                  

Commencement Information

I926Sch. 13 para. 72 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

73(1)Section 101 (complaints to the Judicial Conduct and Appointments Ombudsman) is amended as follows.U.K.

(2)In subsections (1)(a) and (4)(a) (investigation of complaints previously made to Judicial Appointments Commission or Lord                        Chancellor) for “or the Lord Chancellor” substitute “ , the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals ”.

(3)In subsection (1)(b) for “Commission's or Lord Chancellor's decision” substitute “ decision of the Commission, the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals ”.

Commencement Information

I927Sch. 13 para. 73 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

74U.K.In section 102 (Ombudsman's reports and recommendations)—

(a)in subsection (2)(c) (recommended 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 not to be recommended for failure to be appointed to an office) after “office” insert “ , or selected for membership of a pool, ”.

Commencement Information

I928Sch. 13 para. 74 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

75(1)Section 103 (Ombudsman's reports) is amended as follows.U.K.

(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 the complaint was an LCJ complaint;                  

(c)the Senior President of Tribunals 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 Commission, the Lord Chief Justice or the Senior President of Tribunals ”.

(4)After subsection (5) insert—

“(5A)If the complaint was an LCJ complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Lord                           Chief Justice.                  

(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.”                  

Commencement Information

I929Sch. 13 para. 75 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

76(1)Section 104 (referrals to Judicial Conduct and Appointments Ombudsman of matters relating to Judicial Appointments Commission)                        is amended as follows.U.K.

(2)In subsection (1) (duty to investigate matter referred by Lord Chancellor) after “Lord Chancellor” insert “ , the Lord Chief Justice or the Senior President of Tribunals ”.

(3)In subsection (3) (report on referred matter) after “Lord Chancellor” insert “ , the Lord Chief Justice and the Senior President of Tribunals ”.

Commencement Information

I930Sch. 13 para. 76 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

77U.K.In section 105 (provision of information to Ombudsman) after “The Commission” insert “ , the Lord Chief Justice, the Senior President of Tribunals ”.

Commencement Information

I931Sch. 13 para. 77 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

78U.K.In section 144(5) (orders and regulations subject to affirmative procedure) after paragraph (a) insert—

“(aa)an order under section 85(5);                  

(ab)regulations under section 94 or 94C;”.                  

Commencement Information

I932Sch. 13 para. 78 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

79U.K.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 provision inserted into this Act by— 

(a)the Crime and Courts Act 2013, or                  

(b)any earlier or later enactment”.                  

Commencement Information

I933Sch. 13 para. 79 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

80U.K.In Schedule 12 (the Judicial Appointments Commission) in paragraphs 20(6) and 27(3) (selection panels under section 70 or                        79) after “70” insert “ , 75B ”.

Commencement Information

I934Sch. 13 para. 80 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

#### Changes in relation to selection process: consequential repealsU.K.

81U.K.Omit Part 5 of this Schedule (amendments which come into force on the passing of this Act, but which are superseded on amendments                        made by this Part of this Schedule being brought into force).

Commencement Information

I935Sch. 13 para. 81 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(e)** (with savings in S.I. 2013/2192, regs. 48, 49)

### **Part 5**U.K.

F14F14...U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 13 Pt. 5 omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), **Sch. 13 para. 81**; S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

### **Part 6**U.K.Appointment of judge to exercise functions of a Head of Division in case of incapacity or a vacancy etc

83U.K.Where a Head of Division is incapable 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                        functions of the Head of Division.

Commencement Information

I936Sch. 13 para. 83 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

84U.K.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.

Commencement Information

I937Sch. 13 para. 84 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

85U.K.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 Senior Courts of England and Wales.                         

Commencement Information

I938Sch. 13 para. 85 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

86U.K.In this Part of this Schedule “relevant 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 Courts Act 1981 (concurrence of Heads of Division with transfer of judges between Divisions                           of High Court etc);                         
          -  section 7(1) of the Senior Courts Act 1981 (power of Lord Chancellor, Lord Chief Justice and Heads of Division, acting collectively,                           to recommend alteration of Divisions 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 vacancy in the office of a judge of the Senior Courts who is 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 courts of civil division                           of Court of Appeal);                         
          -  section 57 of the Senior Courts Act 1981 (determination by Master of the Rolls with concurrence of Lord Chancellor 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 nominated 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 Court 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 Principal Registry or a district 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 Act 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 deposit 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 Proceedings Act 1984 (President of the Family Division may, with concurrence of Lord                           Chancellor, give directions 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 Legal 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 58B(7)(a) of the Courts and Legal Services Act 1990 (Heads of Division etc to be consulted                           in relation to certain matters relating to agreements 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);                         
          -  section 57 of the Access to Justice Act 1999 (Master of the Rolls or President of the Family Division etc 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 authorisation 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 2003 (President of the Family Division may nominate Circuit judges etc 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 certain changes to Family                           Procedure Rule Committee);                         
          -  section 92(5) of the Courts Act 2003 (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 administration                           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 Family Division etc with meaning                           of “reserved family proceedings” prescribed for the purposes of that paragraph).                         

Commencement Information

I939Sch. 13 para. 86 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

87U.K.The Lord Chancellor may by order amend the list in paragraph 86 so as to—

(a)add an entry,

(b)remove an entry, or

(c)vary an entry.

Commencement Information

I940Sch. 13 para. 87 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

88U.K.After section 10(6) of the Senior Courts Act 1981 (where there is a vacancy in one or more of the offices of the Heads 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 purposes of subsection (6).”                  

Commencement Information

I941Sch. 13 para. 88 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

### **Part 7**U.K.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 paragraph (b)                        (power to appoint assistant Recorders).U.K.

(2)In consequence of that repeal—

(a)in subsection (1A) of that section (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 section 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 Pensions 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).

Commencement Information

I942Sch. 13 para. 89 in force at 15.7.2013 by S.I. 2013/1725, **art. 2(g)**

 Section 21

## SCHEDULE 14U.K.Deployment of the judiciary

### **Part 1**U.K.Deployment under section 9 of the Senior Courts Act 1981

#### Requests for assistance under section 9(1) of the Senior Courts Act 1981U.K.

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.U.K.

(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, High Court or Crown Court) before “and the Crown Court” insert “ , the family court, the county court ”.

(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 subsection (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 the 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 Tribunal 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 Upper 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) (requests under certain entries in table in subsection (1) to be made only after consulting Lord Chancellor)                        after “3,” insert “ 4A, ”.

(7)In subsection (2D) (requests 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) (certain 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 who 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 Appeal, in Northern Ireland.”                  

(9)In subsection (6A) (Circuit judge or Recorder not to act by virtue of subsection (5) as single judge in Court of Appeal for                        certain purposes) for “or Recorder” substitute “ , Recorder or person within subsection (1ZB) ”.

Commencement Information

I943Sch. 14 para. 1 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)** (with savings in S.I. 2013/2192, reg. 49)

#### Deputy judges of the High CourtU.K.

2(1)Section 9 of the Senior Courts Act 1981 (which includes provision about the appointment of deputy judges of the High Court)                        is amended as follows.U.K.

(2)In subsection (4) (power of Lord Chief Justice to appoint deputy judges to facilitate disposal of business in the High Court                        or Crown Court) after “Crown Court” insert “ or any other court or tribunal to which persons appointed under this subsection may be deployed ”.

(3)After subsection (8) (remuneration) insert—

“(8A)A person may be removed from office 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 provisions 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 Justice'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”.

Commencement Information

I944Sch. 14 para. 2 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

3(1)In Table 2 of Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (Judicial Appointments Commission: offices to which                        appointment made by Lord Chief Justice) before the first entry insert—U.K.

(2)If the provisions in Schedule 13 to this Act that split the table in Part 2 of Schedule 14 to the 2005 Act into two tables                        do not come into force before or at the time when sub-paragraph (1) comes into force—

(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 office 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 substituted for “first” in sub-paragraph (5) of that paragraph.

(3)After section 94A of the 2005 Act (appointments not subject to section 85: courts) insert—

##### “94AAAppointments not subject to section 85: High Court deputy judge

(1)Where this section applies to an appointment, section 85 does not apply.                  

(2)This section applies to the appointment 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 temporary measure to make the appointment in order to facilitate the disposal of the business, and                  

(c)there are no other reasonable steps that it is practicable to take within the time available 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 the 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 ”.

Commencement Information

I945Sch. 14 para. 3 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

### **Part 2**U.K.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 (Magistrates' Courts))                        is amended as follows.U.K.

(2)In subsection (2) after paragraph (a) insert—

“(aa)Master of the Rolls;                  

(ab)ordinary judge of the Court of Appeal;                  

(ac)Senior President 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 Upper Tribunal (see section 31(2) of that Act);                  

(i)deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);                  

(j)office listed—                  

(i)in the first column of the table 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);                  

(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 appointed under section 102 of the Senior Courts Act 1981;                  

(m)judge of the First-tier Tribunal 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 First-tier Tribunal (see section 31(2) of that Act);                  

(o)member of a panel of Employment 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.”                  

Commencement Information

I946Sch. 14 para. 4 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

### **Part 3**U.K.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.U.K.

(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 Tribunal, 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 section 31(2) of that Act),                  

(i)a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),                  

(j)the Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal 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 appointed under section 102 of that Act or under section 8 of the County Courts Act 1984,                  

(p)a member of a panel of Employment Judges established for England and Wales or for Scotland,                  

(q)a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (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 “Vice-Chancellor”                        substitute “ Chancellor of the High Court ”.

Commencement Information

I947Sch. 14 para. 5 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

### **Part 4**U.K.Deployment of judges to the First-tier Tribunal and the Upper Tribunal

6U.K.The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

Commencement Information

I948Sch. 14 para. 6 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

7U.K.In section 4(1) (judges of the First-tier Tribunal) after paragraph (c) insert—

“(ca)is within section 6A,”.                  

Commencement Information

I949Sch. 14 para. 7 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

8(1)Section 6(1) (certain judges who are also judges of the First-tier Tribunal and the Upper Tribunal) is amended as follows.U.K.

(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 the 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 High Court in England and Wales,                  

(db)is the Judge Advocate General,”.                  

Commencement Information

I950Sch. 14 para. 8 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

9U.K.After section 6 insert—

#### “6ACertain 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,                  

(c)is a person who holds an office listed—                  

(i)in the first column of the table 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),                  

(d)is a deputy district judge appointed 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 1951 (assistants to the Judge Advocate                           General).”                  

Commencement Information

I951Sch. 14 para. 9 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

10(1)In paragraph 6(3)(a) of each of Schedules 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 “, U.K.

(vi)the Master of the Rolls,                  

(vii)the President of the Queen's Bench Division of the High Court of England and Wales,                  

(viii)the President of the Family 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 made only with the concurrence of the Lord Chief Justice of England and Wales.”                  

Commencement Information

I952Sch. 14 para. 10 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

### **Part 5**U.K.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.U.K.

(2)In subsection (1)(a) (judges drawn from the judges of the High Court, or Court of Appeal, in England 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 President 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,                  

(f)is a judge of the Upper Tribunal 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 Upper 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 Judge (Magistrates' Courts).”                  

(4)In subsection (4) (judge's consent required to nomination to Appeal Tribunal) after “Appeal Tribunal” insert “ under subsection (1)(b) ”.

Commencement Information

I953Sch. 14 para. 11 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

### **Part 6**U.K.Deployment of judges to the employment tribunals

12(1)Section 5D of the Employment Tribunals Act 1996 (judicial assistance) is amended as follows.U.K.

(2)In subsection (2)(d)(ii) (appropriate consent required) after “(see subsection (3))” insert “ except where the relevant judge is the Lord Chief Justice of England and Wales ”.

(3)In subsection (3)(a) (consent required for deployment 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 subsection (4)(b)(ia),”, and                  

(c)omit the “or” after sub-paragraph (iv), and after sub-paragraph (v) insert “, or 

(vi)within subsection (4)(b)(x) to (xvi);”.                  

(4)In subsection (4)(a) (relevant tribunal judges) omit the “or” at the end of sub-paragraph (v), and after paragraph (vi) insert                        “, or 

(vii)is the Senior President of Tribunals;”.                  

(5)In subsection (4)(b) (relevant judges) in sub-paragraph (i) after “is” insert “ the Lord Chief Justice of England and Wales, the Master of the Rolls or ”.

(6)In subsection (4)(b) after sub-paragraph (i) insert—

“(ia)is the President of the Queen's Bench Division or Family Division, or the Chancellor, of the High Court in England and Wales,”.                  

(7)In subsection (4)(b) omit the “or” at the end of sub-paragraph (viii), and after sub-paragraph (ix) insert—

“(x)is a deputy judge of the High Court in England and Wales,                  

(xi)is a Recorder,                  

(xii)is a Deputy District Judge (Magistrates' Courts),                  

(xiii)is a deputy district judge appointed under section 8 of the County Courts Act 1984 or section 102 of the 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 column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc), or                  

(xvi)is the Judge Advocate General or a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951                           (assistants to the Judge Advocate General).”                  

Commencement Information

I954Sch. 14 para. 12 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

### **Part 7**U.K.Amendments following renaming of chairmen of employment tribunals

13(1)In the following provisions for “chairmen”, or for “chairmen of employment tribunals”, substitute “ Employment Judges ”U.K.
          -  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 Act 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 Act 2005: Part 3 of Schedule 14, in both places, 
          -  Tribunals, Courts and Enforcement Act 2007: paragraph 6(1)(e) and (4)(b) of Schedule 7, and 
          -  Judicial Pensions and Retirement 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 employment tribunals that is not a panel of Employment Judges ”.

(5)In paragraph 5(2)(g) and (5)(vii) of Schedule 7 to the Judicial Pensions and Retirement Act 1993 before “chairman” insert                        “ Employment Judge, before 3 November 2008 called ”.

Commencement Information

I955Sch. 14 para. 13 in force at 1.10.2013 by S.I. 2013/2200, **art. 3(g)**

 Section 41

## SCHEDULE 15U.K.Exclusions from definition of “relevant publisher”

### BroadcastersU.K.

1U.K.The British Broadcasting Corporation.

2U.K.Sianel Pedwar Cymru.

3U.K.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 titlesU.K.

4U.K.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 academic journalsU.K.

5U.K.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 charitiesU.K.

6(1)A public body or charity that publishes news-related material in connection with the carrying out of its functions.U.K.

(2)“Public body” means a person or body whose functions are of a public nature.

### Company news publications etcU.K.

7U.K.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-businessesU.K.

8(1)A person who, in carrying on a micro-business, publishes news-related material where either condition A or condition B is                        met.U.K.

(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, and

(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 publishersU.K.

9(1)A person who is the publisher of a book.U.K.

(2)“Book” does not include any title published on a periodic basis with substantially different content.

 Section 44

## SCHEDULE 16U.K.Dealing non-custodially with offenders

### **Part 1**U.K.Community orders: punitive elements

1U.K.The Criminal Justice Act 2003 is amended as follows.

Commencement Information

I956Sch. 16 para. 1 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

2U.K.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 offence in respect of which the community order is made, or                  

(c)comply with both of paragraphs (a) and (b).                  

(2B)Subsection (2A) does not apply 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 subsection (2A)(a) in the particular case, and                  

(c)would make it unjust in all the circumstances for the court to impose a fine for the offence concerned.”                  

Commencement Information

I957Sch. 16 para. 2 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

3U.K.In section 148(2A) (restrictions in subsection (2) on making community orders etc are subject to certain enactments) after                        “subject to” insert “ section 177(2A) (community orders: punitive elements) and to ”.

Commencement Information

I958Sch. 16 para. 3 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

4U.K.An amendment made by this Part of this Schedule does not affect orders in respect of offences committed before the amendment                        comes into force.

Commencement Information

I959Sch. 16 para. 4 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

### **Part 2**U.K.Deferring the passing of sentence to allow for restorative justice

5U.K.After section 1 of the Powers of Criminal Courts (Sentencing) Act 2000 (court's power to defer passing of sentence) insert—

#### “1ZAUndertakings to participate in restorative justice activities

(1)Without prejudice to the generality of paragraph (b) of section 1(3), the requirements that may be imposed under that paragraph                           include restorative justice requirements.                  

(2)Any reference in this section to a restorative justice requirement is to a requirement to participate 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 express experience of, the offending and                           its impact.                  

(3)Imposition under section 1(3)(b) of a restorative justice requirement requires, in addition to the offender'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 issued, with a view to encouraging good practice in connection with such an activity,                           by the Secretary of State.                  

(7)In this section “victim” means a victim of, or other person affected by, the offending concerned.”                  

Commencement Information

I960Sch. 16 para. 5 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

6U.K.In section 1(8) of that Act (effect of sections 1 and 1A to 1D) for “1A” substitute “ 1ZA ”.

Commencement Information

I961Sch. 16 para. 6 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

7U.K.The amendment made by paragraph 5 does not apply in respect of offences committed before the amendment comes into force.

Commencement Information

I962Sch. 16 para. 7 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

### **Part 3**U.K.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 magistrates' court compensation                        order) is amended as follows.U.K.

(2)Before subsection (1) insert—

“(A1)This section applies if (but only if) a magistrates' court has convicted a person aged under 18 (“the offender”) 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 insert “ in case of young offender ”.

Commencement Information

I963Sch. 16 para. 8 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

9U.K.In section 33B(5) of the Environmental Protection Act 1990 (limit on compensation in relation to conviction for certain environmental                        offences) after “payable” insert “ in case of young offender ”.

Commencement Information

I964Sch. 16 para. 9 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

10U.K.Nothing in this Part of this Schedule affects orders in respect of offences committed before this Part of this Schedule comes                        into force.

Commencement Information

I965Sch. 16 para. 10 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

### **Part 4**U.K.Electronic monitoring of offenders

11U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

14U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

17U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

19U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

21U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### **Part 5**U.K.Community orders: further provision

#### Breaches of community ordersU.K.

22(1)Omit paragraph (a) in each of subsections (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).U.K.

(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 ”.

Commencement Information

I966Sch. 16 para. 22 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

#### Community order not to be made in case of knife etc offence attracting minimum sentenceU.K.

23(1)In section 150 of the Criminal Justice Act 2003 (no power to make community order or youth rehabilitation order where sentence                        fixed by law)—U.K.

(a)the existing provision becomes subsection (1) of that section, and

(b)after that subsection insert—

“(2)The power to make a community order is not exercisable in respect of an offence for which the sentence—                  

(a)falls to be imposed under section 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for offence of threatening with                           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).

Commencement Information

I967Sch. 16 para. 23 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

### **Part 6**U.K.Statements of assets and other financial circumstances of offenders etc

#### Financial circumstances ordersU.K.

24U.K.In section 162(3) of the Criminal Justice Act 2003 (a “financial circumstances order” is a pre-sentencing order requiring                        a statement of an offender's financial circumstances) after “statement of his” insert “ assets and other ”.

Commencement Information

I968Sch. 16 para. 24 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

#### Further amendmentsU.K.

25U.K.In section 84 of the Magistrates' Courts Act 1980 (court's power to require statement of means)—

(a)in subsection (1) (court may require statement of means before or on inquiring into means under section 82) for “means”, in                        the second place, substitute “ assets and other financial circumstances ”, and

(b)in the title for “means” substitute “ assets and other financial circumstances ”.

Commencement Information

I969Sch. 16 para. 25 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

26U.K.In section 20A of the Criminal Justice Act 1991 (false statements as to financial circumstances)—

(a)in subsection (1) (person charged with offence commits further offence if person responds to official request by making false                        statement etc as to financial circumstances) for “his financial circumstances” substitute “ financial circumstances (whether a statement of assets, of other financial circumstances or of both) ”, and

(b)in subsection (1A) (person charged with offence 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 “ financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by ”.

Commencement Information

I970Sch. 16 para. 26 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

27U.K.In section 13B of the Crime and Disorder 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 false statement) omit “of his financial circumstances”.

Commencement Information

I971Sch. 16 para. 27 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

28(1)The Courts Act 2003 is amended as follows.U.K.

(2)In paragraph 48 of Schedule 5 (offences relating to provision of information as to financial circumstances)—

(a)in sub-paragraph (1) (person commits offence if person responds to relevant request by making false statement etc as to financial                        circumstances) for “his financial circumstances” substitute “ financial circumstances (whether a statement of assets, of other financial circumstances or of both) ”,

(b)in sub-paragraph (3) (person commits offence if person fails to provide statement of financial circumstances in response to                        relevant request) for “statement of his financial 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) (magistrates' 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 ”.

Commencement Information

I972Sch. 16 para. 28 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

### **Part 7**U.K.Information to enable a court to deal with an offender

#### Power to disclose informationU.K.

29(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.U.K.

(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-paragraph (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 authorise disclosure in a particular case at a time when the defendant is under 18.

(5)Information disclosed to a relevant person under sub-paragraph (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 information in order that it can be put before                        a court that, in connection with dealing with the defendant for the offence, is inquiring into or determining the defendant's                        financial circumstances, and

(b)must not be used by the relevant person otherwise than for the purpose of disclosing it as mentioned 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 authorise 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 framed 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 established 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 Civilian 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—
(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 connection with the provision                                             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 represent the Service Prosecuting Authority                                    in proceedings before a court;                                 
 
          -  “Service Prosecuting Authority” means—                          (a)
the Director of Service 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 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 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).

Commencement Information

I973Sch. 16 para. 29 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

#### Offence where information wrongly used or disclosedE+W

30(1)It is an offence for a person to disclose or use information in contravention of paragraph 29(5).E+W

(2)It is a defence for a person charged with an offence under sub-paragraph (1) to prove that the person reasonably believed                        that the disclosure or use concerned was lawful.

(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—

(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 power of magistrates' courts to impose imprisonment), and

(b)in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

(5)A prosecution for an offence 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 Prosecutions for Northern Ireland.

Commencement Information

I974Sch. 16 para. 30 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(d)**

### **Part 8**U.K.Related amendments in Armed Forces Act 2006

#### Community orders: punitive elementsU.K.

31U.K.The Armed Forces Act 2006 is amended as follows.

Commencement Information

I975Sch. 16 para. 31 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(e)**

32U.K.In section 178 (service community orders), in subsection (3) (provisions of the 2003 Act in which “community order” includes a service community order) for “177(3)” substitute “ 177(2A) ”.

Commencement Information

I976Sch. 16 para. 32 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(e)**

33(1)Section 182 (overseas community orders) is amended as follows.U.K.

(2)After subsection (3) insert—

“(3A)In section 177(2A) and (2B) of the 2003 Act (community orders: punitive elements) “community 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 provisions” substitute “ the provisions of the 2003 Act mentioned in subsections (3A) and (4) ”.

Commencement Information

I977Sch. 16 para. 33 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(e)**

34U.K.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).”                  

Commencement Information

I978Sch. 16 para. 34 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(e)**

35U.K.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.

Commencement Information

I979Sch. 16 para. 35 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(e)**

#### Removal of limits on compensation orders made against adultsU.K.

36(1)Section 284 of the Armed Forces Act 2006 (Service Civilian Court compensation orders etc: maximum amounts) is amended as follows.U.K.

(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) (compensation 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 paragraph affects orders in respect of offences committed before the day on which this paragraph comes into                        force.

Commencement Information

I980Sch. 16 para. 36 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(e)**

Prospective

#### Electronic monitoring of offendersU.K.

37(1)The Armed Forces Act 2006 is amended as follows.U.K.

(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 Criminal Justice Act 2003 which do not apply to overseas community orders) for “section 215”                           substitute “ sections 215 and 215A ”.

#### Statements of assets and other financial circumstances of offenders etcU.K.

38U.K.In section 266(2) of the Armed Forces Act 2006 (meaning of “financial statement order”) after “statement of his” insert “ assets and other ”.

Commencement Information

I981Sch. 16 para. 38 in force at 11.12.2013 by S.I. 2013/2981, **art. 2(e)**

 Section 45

## SCHEDULE 17U.K.Deferred prosecution agreements

### **Part 1**E+WGeneral

#### Characteristics of a deferred prosecution agreementE+W

1(1)A deferred prosecution agreement (a “DPA”) is an agreement between a designated prosecutor and a person (“P”) whom the prosecutor                        is considering prosecuting for an offence specified in Part 2 (the “alleged offence”).E+W

(2)Under a DPA—

(a)P agrees to comply with the requirements imposed on P by the 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.

Commencement Information

I982Sch. 17 para. 1 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Effect of DPA on court proceedingsE+W

2(1)Proceedings in respect of the alleged offence are to be instituted by the prosecutor in the Crown Court by preferring 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)).E+W

(2)As soon as proceedings are instituted 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 suspended under sub-paragraph (2), no other person may prosecute P for the alleged offence.

Commencement Information

I983Sch. 17 para. 2 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Designated prosecutorsE+W

3(1)The following are designated prosecutors—E+W

(a)the Director of Public Prosecutions;

(b)the Director of the Serious Fraud Office;

(c)any prosecutor designated under 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.

Commencement Information

I984Sch. 17 para. 3 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Persons who may enter into a DPA with a prosecutorE+W

4(1)P may be a body corporate, a partnership or an unincorporated association, but may not be an individual.E+W

(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.

Commencement Information

I985Sch. 17 para. 4 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Content of a DPAE+W

5(1)A DPA must contain a statement of facts relating to the alleged offence, which may include admissions made by P.E+W

(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 prosecutor a financial penalty;

(b)to compensate victims of the alleged offence;

(c)to donate money to a charity 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 relating 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 the 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.

Commencement Information

I986Sch. 17 para. 5 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Code on DPAsE+W

6(1)The Director of Public Prosecutions and the Director of the Serious Fraud Office must jointly issue a Code for prosecutors                        giving guidance on—E+W

(a)the general principles to be applied 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)The 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 issued.

(4)The Code may from time to time be altered or replaced by agreement between—

(a)the Director of Public Prosecutions,

(b)the Director of the Serious Fraud Office, and

(c)any prosecutor who is for the time being designated by an order made under paragraph 3.

(5)If the Code is altered or replaced, the 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 exercising functions under this Schedule.

Commencement Information

I987Sch. 17 para. 6 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Court approval of DPA: preliminary hearingE+W

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—E+W

(a)entering into a DPA with P is likely 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 application 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 under sub-paragraph                        (1) must be made in private, and reasons under sub-paragraph (2) must be given in private.

Commencement Information

I988Sch. 17 para. 7 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Court approval of DPA: final hearingE+W

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—E+W

(a)the DPA is in the interests 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 approve the DPA and make a declaration under sub-paragraph (1) it must do so, and give its reasons,                        in open court.

(7)Upon approval of the DPA by the court, the prosecutor must publish—

(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).                  

Commencement Information

I989Sch. 17 para. 8 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Breach of DPAE+W

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.E+W

(2)On an application under sub-paragraph (1) the court must decide whether, on the balance of probabilities, 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 agree 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 court 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 for those decisions, 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).

(7)Where the court terminates a DPA 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 decisions 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 failed to comply with the terms of the DPA but decides not to make an application to                        the Crown Court under this paragraph, the prosecutor must publish details relating to that decision, including—

(a)the reasons for the prosecutor's belief that P has failed to comply, and

(b)the reasons for the prosecutor's decision 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).                  

Commencement Information

I990Sch. 17 para. 9 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Variation of DPAE+W

10(1)At any time when a DPA is in force, the prosecutor and P may agree to vary its terms if—E+W

(a)the court has invited the parties to vary the DPA under paragraph 9(3)(a), or

(b)variation of the DPA is necessary to avoid a failure by P to comply with its terms in circumstances that 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 the 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 effect 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 approve the variation, the prosecutor must publish the court's decision and the reasons for                        it, unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement                        of publication to avoid prejudicing proceedings).

(8)Where the court decides to approve 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).                  

Commencement Information

I991Sch. 17 para. 10 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Discontinuance of proceedings on expiry of DPAE+W

11(1)If a DPA remains in force until its expiry date, then after the expiry of the DPA the proceedings instituted under paragraph                        2(1) are to be discontinued by the prosecutor giving notice to the Crown Court that the prosecutor does not want the proceedings                        to continue.E+W

(2)Where proceedings are discontinued under sub-paragraph (1), fresh criminal proceedings may not be instituted against P for                        the alleged offence.

(3)But sub-paragraph (2) does not prevent 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 having 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 paragraph 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 force 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-paragraph (4)(b), the DPA is to be treated as expiring when the parties have reached an agreement                        and P has complied with it.

(7)In the case mentioned in sub-paragraph (4)(c), the DPA is to be treated as expiring when P complies with the agreement.

(8)Where proceedings are discontinued under sub-paragraph (1), the prosecutor must publish—

(a)the fact that the proceedings 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).                  

Commencement Information

I992Sch. 17 para. 11 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Court order postponing publication of information by prosecutorE+W

12E+WThe court may order that the publication of information by the prosecutor under paragraph 8(7), 9(5), (6), (7) or (8), 10(7)                        or (8) or 11(8) be postponed 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.

Commencement Information

I993Sch. 17 para. 12 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Use of material in criminal proceedingsE+W

13(1)Sub-paragraph (2) applies where a DPA between a prosecutor and P has been approved by the Crown Court under paragraph 8.E+W

(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) applies where a prosecutor and P have entered into negotiations for a DPA but the DPA has not been approved                        by the Crown Court under paragraph 8.

(4)Material described in sub-paragraph (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 offence where in giving evidence P makes a statement inconsistent 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 proceedings 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.

Commencement Information

I994Sch. 17 para. 13 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Money received by prosecutor under a DPAE+W

14E+WAny 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.

Commencement Information

I995Sch. 17 para. 14 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

### **Part 2**E+WOffences in relation to which a DPA may be entered into

#### Common law offencesE+W

15E+WConspiracy to defraud.

Commencement Information

I996Sch. 17 para. 15 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

16E+WCheating the public revenue.

Commencement Information

I997Sch. 17 para. 16 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Statutory offencesE+W

17E+WAn offence under any of the following sections of the Theft Act 1968—

(a)section 1 (theft);

(b)section 17 (false accounting);

(c)section 20 (suppression etc of documents);

(d)section 24A (dishonestly retaining a wrongful credit).

Commencement Information

I998Sch. 17 para. 17 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

18E+WAn offence under any of the following sections of the Customs and Excise Management Act 1979—

(a)section 68 (offences in relation to exportation of prohibited or restricted goods);

(b)section 167 (untrue declarations etc);

(c)section 170 (fraudulent evasion of duty etc).

Commencement Information

I999Sch. 17 para. 18 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

19E+WAn 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).

Commencement Information

I1000Sch. 17 para. 19 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

20E+WAn offence under section 450 of the Companies Act 1985 (destroying, mutilating etc company documents).

Commencement Information

I1001Sch. 17 para. 20 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

21E+WAn offence under section 72 of the Value Added Tax Act 1994 (fraudulent evasion of VAT).

Commencement Information

I1002Sch. 17 para. 21 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

22E+WAn offence under any of the following sections of the Financial Services and Markets Act 2000—

(a)section 23 (contravention of prohibition of carrying on regulated activity unless authorised or exempt);

(b)section 25 (contravention of restrictions on financial promotion);

(c)section 85 (prohibition of dealing 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).

Commencement Information

I1003Sch. 17 para. 22 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

23E+WAn 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 facilitating 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).

Commencement Information

I1004Sch. 17 para. 23 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

24E+WAn offence under any of the following sections of the Companies Act 2006—

(a)section 658 (general rule against limited company acquiring its own shares);

(b)section 680 (prohibited financial assistance);

(c)section 993 (fraudulent trading).

Commencement Information

I1005Sch. 17 para. 24 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

25E+WAn 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).

Commencement Information

I1006Sch. 17 para. 25 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

26E+WAn offence under any of the following sections of the Bribery Act 2010—

(a)section 1 (bribing 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).

Commencement Information

I1007Sch. 17 para. 26 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

27E+WAn offence under regulation 45 of the Money Laundering Regulations 2007 (S.I. 2007/2157).

Commencement Information

I1008Sch. 17 para. 27 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Ancillary offencesE+W

28E+WAny ancillary offence relating to an offence specified in this Part.

Commencement Information

I1009Sch. 17 para. 28 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Interpretation of this PartE+W

29E+W“Ancillary offence”, in relation 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.

Commencement Information

I1010Sch. 17 para. 29 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

30E+WThis 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 offence is to be treated as an offence corresponding                        to an offence under Part 2 of the Serious Crime Act 2007).

Commencement Information

I1011Sch. 17 para. 30 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Power to amend this PartE+W

31E+WThe Secretary of State may by order amend this Part by—

(a)adding an offence of financial or economic crime;

(b)removing an offence.

Commencement Information

I1012Sch. 17 para. 31 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

### **Part 3**U.K.Consequential and transitional provision

#### Consequential amendmentsU.K.

32U.K.In section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders),                        in subsection (2) after 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”.                  

Commencement Information

I1013Sch. 17 para. 32 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

33U.K.In section 2 of the Criminal Procedure (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 paragraph 2(3) of that Schedule.”                  

Commencement Information

I1014Sch. 17 para. 33 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

34U.K.In Schedule 1 to the Contempt of Court Act 1981 (times when proceedings are active for purposes of strict liability 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);”.                  

Commencement Information

I1015Sch. 17 para. 34 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

35U.K.In section 15 of the Prosecution of Offences Act 1985 (interpretation), in subsection (2)(d) after “(b)” insert “ or (ba) ”.

Commencement Information

I1016Sch. 17 para. 35 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

36U.K.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) ”.

Commencement Information

I1017Sch. 17 para. 36 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

37(1)The Criminal Procedure and Investigations Act 1996 is amended as follows.U.K.

(2)In section 1 (application of Part 1: disclosure), in subsection (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 prosecution 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-trial 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) ”.

Commencement Information

I1018Sch. 17 para. 37 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

38U.K.In section 85 of the Proceeds of Crime Act 2002 (proceedings), in subsection (1)(c) at the end insert “ or subsection (2)(ba) of that section (preferment by Crown Court judge following approval of deferred prosecution agreement)                           ”.

Commencement Information

I1019Sch. 17 para. 38 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

#### Transitional provisionE+W

39(1)Conduct constituting an alleged offence that occurred before the relevant commencement day may be taken into account for the                        purposes of this Schedule.E+W

(2)In this paragraph, the “relevant 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 enactment adding that offence to Part 2 comes into force.

Commencement Information

I1020Sch. 17 para. 39 in force at 24.2.2014 by S.I. 2014/258, **art. 2(b)**

 Section 48

## SCHEDULE 18E+W+SProceeds of crime: civil recovery of the proceeds etc of unlawful conduct

Modifications etc. (not altering text)

C8Sch. 18 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(a)**

### **Part 1**E+W+SEnforcement of interim orders in the United Kingdom

1E+W+SSection 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of UK judgments in other parts of UK) is amended                        as follows.

2E+W+SIn subsection (5)(d) (provisional measures), at the end insert “ or an interim order made in connection with the civil recovery of proceeds of unlawful conduct ”.

3E+W+SAfter subsection (6) insert—

“(6A)In subsection (5)(d), “an interim order made in connection with the civil recovery of proceeds of unlawful 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 connection with property freezing order);                  

(c)an interim receiving order or interim administration order.”                  

### **Part 2**E+W+SProperty or evidence outside the United Kingdom

4E+W+SPart 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct) is amended as follows.

Extent Information

E32Sch. 18 para. 4: "the relevant civil recovery provisions" as specified in Sch. 25 para. 1, and to the extent there specified, do not extend                              to Northern Ireland, see Sch. 25 para. 2

5E+W+SIn section 280 (applying realised proceeds), in subsection (1), for “This section applies to” substitute “ Subsection (2) applies to sums which are in the hands of the trustee for civil recovery if they are ”.

Extent Information

E33Sch. 18 para. 5: "the relevant civil recovery provisions" as specified in Sch. 25 para. 1, and to the extent there specified, do not extend                              to Northern Ireland, see Sch. 25 para. 2

6E+W+SAfter section 282A insert—

#### “Enforcement outside the United KingdomE+W+S

##### 282BEnforcement abroad before recovery 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 relation to England and Wales or Scotland believes that the property 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 subsection, the references in those provisions to property to which the 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 Secretary of State with a view                           to it being forwarded under 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 connection with the management of the property, including with securing its detention, custody or preservation.                  

##### 282CEnforcement 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 order 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 interim administrator believes that the property is in a country outside the United Kingdom (the receiving                           country).                  

(3)The receiver or administrator may send a request for assistance in relation to the property to the Secretary of State with                           a view to it being forwarded under this section.                  

(4)The Secretary of State must 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 connection with the management of the property, including with securing its detention, custody or preservation.                  

##### 282DEvidence overseas: interim receiver or interim administrator

(1)This section applies if—                  

(a)an interim receiving order 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 interim 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 evidence in a country outside the United Kingdom.                  

(3)A judge of the High Court in England and Wales 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 the interim administrator or by a person subject to investigation 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 Kingdom 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 section 247(2)(a) or (b);                  

(b)in relation to an application or request made for the purposes of an investigation by an interim administrator, evidence as                           to a matter described in section 257(2)(a) or (b).                  

(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 jurisdiction 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 forward 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 Criminal 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 provision 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.                  

##### 282EEvidence 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 proceedings under this Chapter of this Part in respect of property described in subsection (3) or any                           proceedings arising out of such proceedings.                  

(3)That property is—                  

(a)the property that is the subject of the interim receiving order or interim administration order, or                  

(b)other property that is recoverable 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 assistance was sent                           consents to the use.                  

(5)In Scotland, 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.                  

##### 282FEnforcement 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 Session 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 trustee for civil recovery may send a request for assistance in relation to the property to the                           Secretary of State with a view to it being 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 government 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 property and includes a request—                  

(a)to secure the detention, custody 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 certificate purporting to be issued by or on behalf of the government of the receiving country is admissible as evidence                           of the facts it states if it states—                  

(a)that property has been realised in pursuance of a request under this section,                  

(b)the date of realisation, and                  

(c)the proceeds of realisation.”                  

Extent Information

E34Sch. 18 para. 6: "the relevant civil recovery provisions" as specified in Sch. 25 para. 1, and to the extent there specified, do not extend                              to Northern Ireland, see Sch. 25 para. 2

 Section 49

## SCHEDULE 19U.K.Proceeds of crime: investigations

### **Part 1**U.K.Civil recovery investigations

1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Meaning of “civil recovery investigation”U.K.

2U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Production orders: England and Wales [F15and Northern Ireland]U.K.

4U.K.In section 345 (production orders), in subsection (2)(a), after “confiscation investigation” insert “ , a civil recovery investigation ”.

Extent Information

E35Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I1021Sch. 19 para. 4 in force at 1.6.2015 for E.W.S.(except for the words “and Northern Ireland” in the preceding heading) by S.I. 2015/964, **art. 2(d)** (with art. 3)

5U.K.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 investigation holds recoverable property or associated                           property,                  

(ii)that person has, at any time, held property that was recoverable property or associated property at the time, or                  

(iii)the property the application for the order specifies as being subject to the investigation is recoverable property or associated                           property;”.                  

Extent Information

E35Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I1022Sch. 19 para. 5 in force at 1.6.2015 for E.W.S. (except for the words “and Northern Ireland” in the preceding heading) by                              S.I. 2015/964, **art. 2(d)** (with art. 3)

#### Search and seizure warrants: England and Wales [F16and Northern Ireland]U.K.

6U.K.In section 352 (search and seizure warrants), in subsection (2)(a), after “confiscation investigation” insert “ , a civil recovery investigation ”.

Extent Information

E35Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I1023Sch. 19 para. 6 in force at 1.6.2015 for E.W.S. (except for the words “and Northern Ireland” in the preceding heading) by                              S.I. 2015/964, **art. 2(d)** (with art. 3)

7(1)Section 353 (requirements where production order not available) is amended as follows.U.K.

(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 associated 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 property 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 person 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 whereabouts of the specified property or the other property.”                  

Extent Information

E35Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I1024Sch. 19 para. 7 in force at 1.6.2015 for E.W.S. (except for the words “and Northern Ireland” in the preceding heading) by                              S.I. 2015/964, **art. 2(d)** (with art. 3)

#### Disclosure orders: England and Wales [F17and Northern Ireland]U.K.

8U.K.In section 357 (disclosure orders), in subsection (3)(b), at the beginning insert “ a person specified in the application or ”.

Extent Information

E35Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I1025Sch. 19 para. 8 in force at 1.6.2015 for E.W.S. (except for the words “and Northern Ireland” in the preceding heading) by                              S.I. 2015/964, **art. 2(d)** (with art. 3)

9U.K.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—                  

(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 associated property at the time, or                  

(iii)the property specified in the application for the order is recoverable property or associated property;”.                  

Extent Information

E35Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I1026Sch. 19 para. 9 in force at 1.6.2015 for E.W.S. (except for the words “and Northern Ireland” in the preceding heading) by                              S.I. 2015/964, **art. 2(d)** (with art. 3)

#### Customer information orders: England and Wales [F18and Northern Ireland]U.K.

10U.K.In section 363 (customer information orders), in subsection (2)—

(a)after “confiscation investigation” insert “ , a civil recovery investigation ”, and

(b)omit paragraph (b) (and the “or” before it).

Extent Information

E35Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I1027Sch. 19 para. 10 in force at 1.6.2015 for E.W.S. (except for the words “and Northern Ireland” in the preceding heading) by                              S.I. 2015/964, **art. 2(d)** (with art. 3)

11U.K.In section 365 (requirements for making of customer information order), for subsection (3) substitute—

“(3A)In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that the person 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.”                  

Extent Information

E35Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I1028Sch. 19 para. 11 in force at 1.6.2015 for E.W.S. (except for the words “and Northern Ireland” in the preceding heading) by                              S.I. 2015/964, **art. 2(d)** (with art. 3)

#### Account monitoring orders: England and Wales [F19and Northern Ireland]U.K.

12U.K.In section 370 (account monitoring orders), in subsection (2)—

(a)after “confiscation investigation” insert “ , a civil recovery investigation ”, and

(b)omit paragraph (b) (and the “or” before it).

Extent Information

E35Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I1029Sch. 19 para. 12 in force at 1.6.2015 for E.W.S. (except for the words “and Northern Ireland” in the preceding heading) by                              S.I. 2015/964, **art. 2(d)** (with art. 3)

13U.K.In section 371 (requirements for making of account monitoring order), for subsection (3) substitute—

“(3A)In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that the person specified in                           the application holds recoverable property or associated property.”                  

Extent Information

E35Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I1030Sch. 19 para. 13 in force at 1.6.2015 for E.W.S. (except for the words “and Northern Ireland” in the preceding heading) by                              S.I. 2015/964, **art. 2(d)** (with art. 3)

#### Production orders: ScotlandU.K.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Search warrants: ScotlandU.K.

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Disclosure orders: ScotlandU.K.

18U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Customer information orders: ScotlandU.K.

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

21U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Account monitoring orders: ScotlandU.K.

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### **Part 2**U.K.Evidence overseas

24U.K.Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as follows.

Commencement Information

I1031Sch. 19 para. 24 in force at 22.11.2014 for specified purposes by S.I. 2014/3098, **art. 3**

25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26U.K.In Chapter 2 (England and Wales and Northern Ireland), after section 375 and the heading “Evidence overseas” insert—

#### “375AEvidence overseas

(1)This section applies if a person or property is subject to a civil recovery investigation, a detained cash investigation or                           an exploitation proceeds 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 senior appropriate officer may request assistance under this section if the Director or officer                           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 Kingdom 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 investigation, evidence relevant for the                           purpose of identifying recoverable 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 investigation, evidence as to a matter 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 section 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 jurisdiction in the place where the evidence                           is to be obtained,                  

(b)to the government of the country or territory concerned, or                  

(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 forward 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 Criminal 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 provision 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.                  

#### 375BEvidence 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 investigation for which it was obtained, or                  

(b)for the purposes of proceedings described in subsection (3) or any proceedings arising out of such proceedings.                  

(3)Those proceedings are—                  

(a)if the request was made for the 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 the 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 the purposes of an exploitation proceeds investigation, proceedings 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 assistance was sent                           consents to the use.”                  

Extent Information

E36Sch. 19 paras. 25-27 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), **7(b)**

Commencement Information

I1032Sch. 19 para. 26 in force at 22.11.2014 for specified purposes by S.I. 2014/3098, **art. 3**

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

28U.K.In Chapter 3 (Scotland), after section 408 insert—

#### “Evidence overseasU.K.

##### 408AEvidence 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 Kingdom 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 investigation, evidence relevant for the                           purpose of identifying recoverable 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 investigation, evidence as to a matter 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 jurisdiction in the place where the evidence                           is to be obtained,                  

(b)to the government of the country or territory concerned, or                  

(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 forward 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 Criminal 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 provision 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.                  

##### 408BEvidence 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 investigation for which it was obtained, or                  

(b)for the purposes of proceedings described in subsection (3) or any proceedings arising out of such proceedings.                  

(3)Those proceedings are—                  

(a)if the request was made for the 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 the 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 assistance 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.”                  

Commencement Information

I1033Sch. 19 para. 28 in force at 22.11.2014 for specified purposes by S.I. 2014/3098, **art. 3**

### **Part 3**U.K.Consequential amendments: immigration officers and National Crime Agency

#### Immigration officersU.K.

29U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### National Crime AgencyU.K.

30U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 Section 50

## SCHEDULE 20U.K.Extradition

### **Part 1**U.K.Forum

#### Extradition to category 1 territoriesU.K.

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

Commencement Information

I1034Sch. 20 para. 1 in force at 14.10.2013 for E.W.N.I. by S.I. 2013/2349, **art. 2(3)**

2U.K.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 from “12” to “apply” substitute “ 12 to 19F apply ”.

Commencement Information

I1035Sch. 20 para. 2 in force at 14.10.2013 for E.W.N.I. by S.I. 2013/2349, **art. 2(3)**

3U.K.After section 19A insert—

##### “19BForum

(1)The extradition of a person (“D”) to a category 1 territory is barred by reason of forum if the extradition 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 measure of D's relevant activity was performed in the United Kingdom; and                  

(b)decides, having regard to the specified matters relating to the interests of justice (and only those matters), that the extradition                           should not take place.                  

(3)These are the specified matters relating 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 United 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 result from proceeding in one jurisdiction rather than another;                  

(f)the desirability and practicability of all prosecutions relating to the extradition offence taking 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 Kingdom 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 have regard to the desirability                           of not requiring the disclosure of material which is subject to restrictions on disclosure in the category 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 constituting the extradition                           offence, the judge must make that prosecutor a party to the proceedings on the question of whether D's extradition 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 which is alleged to have been performed                           by D.                  

##### 19CEffect 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 prosecutor's certificate                           relating to the extradition.                  

(2)That duty to decide the forum proceedings in that way is subject to the determination of any question relating to the prosecutor's                           certificate raised in accordance with section 19E.                  

(3)A designated prosecutor may apply 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.                  

##### 19DProsecutor's certificates

(1)A “prosecutor's certificate” is a certificate given by a designated prosecutor which—                  

(a)certifies both matter A and matter B, and                  

(b)certifies either matter C or matter D.                  

(2)Matter A is that a responsible 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 constituting the extradition offence.                  

(3)Matter B is that the responsible prosecutor has decided that there are one or more such offences that correspond 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)that decision is that D should not be prosecuted for the corresponding offences, and                  

(c)the reason for that decision is a belief that—                  

(i)there would be insufficient 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—                  

(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 material” 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 detection 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).                  

##### 19EQuestioning of prosecutor's certificate

(1)No decision of a designated prosecutor relating to a prosecutor's certificate in respect of D's extradition (a “relevant certification                           decision”) may be questioned except on an appeal under section 26 against an order for that extradition.                  

(2)In England and Wales, and Northern 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 permission is given),                  

the High Court must apply the procedures 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 principles that would be applied by it on an 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.                  

##### 19FInterpretation 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—                  
          -  “D” has the meaning given in section 19B(1);                         
          -  “designated prosecutor” means—                          (a)
a member of the Crown Prosecution Service, or                                 
(b)
any other person who—                                 
(i)
is a prosecutor designated 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 requirement concerning a code of practice) that D should, or should not, be prosecuted                           for the offence.”                  

Commencement Information

I1036Sch. 20 para. 3 in force at 18.9.2013 for specified purposes by S.I. 2013/2349, **art. 2(2)**

I1037Sch. 20 para. 3 in force at 14.10.2013 for E.W.N.I. in so far as not already in force by S.I. 2013/2349, **art. 2(3)**

#### Extradition to category 2 territoriesU.K.

4U.K.Part 2 of the Extradition Act 2003 (extradition to category 2 territories) is amended as follows.

Commencement Information

I1038Sch. 20 para. 4 in force at 14.10.2013 for E.W.N.I. by S.I. 2013/2349, **art. 2(3)**

5U.K.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 ”.

Commencement Information

I1039Sch. 20 para. 5 in force at 14.10.2013 for E.W.N.I. by S.I. 2013/2349, **art. 2(3)**

6U.K.After section 83 insert—

##### “83AForum

(1)The extradition of a person (“D”) to a category 2 territory is barred by reason of forum if the extradition 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 measure of D's relevant activity was performed in the United Kingdom; and                  

(b)decides, having regard to the specified matters relating to the interests of justice (and only those matters), that the extradition                           should not take place.                  

(3)These are the specified matters relating 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 United 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 result from proceeding in one jurisdiction rather than another;                  

(f)the desirability and practicability of all prosecutions relating to the extradition offence taking 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 Kingdom 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 have regard to the desirability                           of not requiring the disclosure of material which is subject to restrictions on disclosure in the category 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 constituting the extradition                           offence, the judge must make that prosecutor a party to the proceedings on the question of whether D's extradition 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.                  

##### 83BEffect of prosecutor's certificates on forum proceedings

(1)The judge hearing proceedings 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 prosecutor's certificate                           relating to the extradition.                  

(2)That duty to decide the forum proceedings in that way is subject to the determination of any question relating to the prosecutor's                           certificate raised in accordance with section 83D.                  

(3)A designated prosecutor may apply 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.                  

##### 83CProsecutor's certificates

(1)A “prosecutor's certificate” is a certificate given by a designated prosecutor which—                  

(a)certifies both matter A and matter B, and                  

(b)certifies either matter C or matter D.                  

(2)Matter A is that a responsible 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 constituting the extradition offence.                  

(3)Matter B is that the responsible prosecutor has decided that there are one or more such offences that correspond 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)that decision is that D should not be prosecuted for the corresponding offences, and                  

(c)the reason for that decision is a belief that—                  

(i)there would be insufficient 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 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 material” 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 detection 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).                  

##### 83DQuestioning of prosecutor's certificate

(1)No decision of a designated prosecutor relating to a prosecutor's certificate in respect of D's extradition (a “relevant certification                           decision”) may be questioned except on an appeal under section 103 or 108 against an order for that extradition.                  

(2)In England and Wales, and Northern 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 permission is given),                  

the High Court must apply the procedures 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 principles that would be applied by it on an 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;                  

(ii)a reference in this section to the High Court has effect as a reference to the Supreme Court.                  

##### 83EInterpretation 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 Crown Prosecution Service, or                                 
(b)
any other person who—                                 
(i)
is a prosecutor designated 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 requirement concerning a code of practice) that D should, or should not, be prosecuted                           for the offence.”                  

Commencement Information

I1040Sch. 20 para. 6 in force at 18.9.2013 for specified purposes by S.I. 2013/2349, **art. 2(2)**

I1041Sch. 20 para. 6 in force at 14.10.2013 for E.W.N.I. in so far as not already in force by S.I. 2013/2349, **art. 2(3)**

#### Transitional provision, saving and repealsU.K.

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, those amendments apply to the extradition concerned only if,                        at that time, the judge has not yet decided all of the existing extradition bar questions.U.K.

(2)For that purpose—
          -  “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 their 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.                         

Commencement Information

I1042Sch. 20 para. 7 in force at 14.10.2013 for E.W.N.I. by S.I. 2013/2349, **art. 2(3)**

8U.K.The powers conferred by section 177, 178 and 222 of the Extradition Act 2003 are exercisable in relation to any amendment                        of that Act made by this Part of this Schedule.

Commencement Information

I1043Sch. 20 para. 8 in force at 14.10.2013 for E.W.N.I. by S.I. 2013/2349, **art. 2(3)**

9U.K.In the Police and Justice Act 2006, in Schedule 13 (extradition), in Part 1 (amendments to the Extradition Act 2003), omit                        paragraphs 4 to 6 (and the italic heading preceding paragraph 4).

Commencement Information

I1044Sch. 20 para. 9 in force at 14.10.2013 for E.W.N.I. by S.I. 2013/2349, **art. 2(3)**

### **Part 2**U.K.Human rights issues

#### Extradition to category 2 territoriesU.K.

10U.K.Part 2 of the Extradition Act 2003 (extradition to category 2 territories) is amended as follows.

Commencement Information

I1045Sch. 20 para. 10 in force at 29.7.2013 for E.W. by S.I. 2013/1682, **art. 2(2)(b)**

I1046Sch. 20 para. 10 in force at 14.10.2013 for N.I. by S.I. 2013/2349, **art. 2(4)**

11U.K.In section 70 (extradition request and certificate), 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 Convention rights within the                           meaning of the Human Rights Act 1998.”.                  

Commencement Information

I1047Sch. 20 para. 11 in force at 29.7.2013 for E.W. by S.I. 2013/1682, **art. 2(2)(b)**

I1048Sch. 20 para. 11 in force at 14.10.2013 for N.I. by S.I. 2013/2349, **art. 2(4)**

12U.K.In section 108 (appeal against extradition order) after subsection (4) insert—

“(5)But notice of an appeal under this 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 accordance with section 117.                  

(7)Where notice of an appeal is given in accordance with subsections (5) and (6), the High Court is to consider 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 extradition                           would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998.”                  

Commencement Information

I1049Sch. 20 para. 12 in force at 29.7.2013 for E.W. by S.I. 2013/1682, **art. 2(2)(b)**

I1050Sch. 20 para. 12 in force at 14.10.2013 for N.I. by S.I. 2013/2349, **art. 2(4)**

13U.K.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).”                  

Commencement Information

I1051Sch. 20 para. 13 in force at 29.7.2013 for E.W. by S.I. 2013/1682, **art. 2(2)(b)**

I1052Sch. 20 para. 13 in force at 14.10.2013 for N.I. by S.I. 2013/2349, **art. 2(4)**

#### Transitional provision and savingU.K.

14(1)In a case where a request for a person's extradition has been issued before the time when the amendments made by this Part                        of this Schedule come into force, those amendments apply to the extradition concerned only if—U.K.

(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 the                           Human Rights Act 1998;                         
          -  “relevant period” means 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.                         

Commencement Information

I1053Sch. 20 para. 14 in force at 29.7.2013 for E.W. by S.I. 2013/1682, **art. 2(2)(b)**

I1054Sch. 20 para. 14 in force at 14.10.2013 for N.I. by S.I. 2013/2349, **art. 2(4)**

15U.K.The powers conferred by section 177, 178 and 222 of the Extradition Act 2003 are exercisable in relation to any amendment                        of that Act made by this Part of this Schedule.

Commencement Information

I1055Sch. 20 para. 15 in force at 29.7.2013 for E.W. by S.I. 2013/1682, **art. 2(2)(b)**

I1056Sch. 20 para. 15 in force at 14.10.2013 for N.I. by S.I. 2013/2349, **art. 2(4)**

### **Part 3**U.K.Devolution issues in Scotland

#### Extradition to category 1 territoriesU.K.

16U.K.Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is amended as follows.

Commencement Information

I1057Sch. 20 para. 16 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)**

17(1)In section 30 (detention pending conclusion of appeal under section 28), for subsection (5) substitute—U.K.

“(5)The preceding provisions of this section do not apply to Scotland.”.                  

(2)After section 30 insert—

##### “30ADetention 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 issuing authority”) that it intends to appeal under section 28 (“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, 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 person 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 dismissed (unless, within that period,                           an application is made to the High Court for permission to make the Supreme Court appeal);                  

(b)the end of the period of 28 days starting with the day when the High Court refuses permission 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 brought 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 devolution issue” means a devolution issue relating to the person's extradition.                  

(8)This section applies only to Scotland.”                  

Commencement Information

I1058Sch. 20 para. 17 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)** (with art. 4(1))

18U.K.After section 33 insert—

##### “33ZAScottish 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 devolution 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 it may later grant bail.”                  

Commencement Information

I1059Sch. 20 para. 18 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)** (with art. 4(2))

19U.K.After section 33A insert—

##### “33BDetention 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 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”).                  

(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 person's discharge (unless, within that                           period, an application is made to the High Court for permission to make the Supreme Court appeal);                  

(b)the end of the period of 28 days starting with the day when the High Court refuses permission 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 brought 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 devolution issue” means a devolution issue relating to the person's extradition.                  

(6)This section applies only to Scotland.”                  

Commencement Information

I1060Sch. 20 para. 19 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)** (with art. 4(3))

20U.K.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.”                  

Commencement Information

I1061Sch. 20 para. 20 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)**

21(1)In section 36 (extradition following appeal), for subsection (9) substitute—U.K.

“(9)The preceding provisions of this section do not apply to Scotland.”                  

(2)After that section insert—

##### “36AExtradition 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 extradition 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 devolution appeal is made, or                  

(ii)a Supreme Court devolution appeal is made and the Supreme Court remits the case to the High Court, or                  

(b)the proceedings on a Supreme Court devolution appeal if such an appeal is made and 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, which is 28 days starting                           with—                  

(a)the day on which the decision 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 where 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 period, 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 period, which is 28 days starting with the day on which permission to make a Supreme Court devolution                           appeal is granted, if no such appeal is brought before the end of that period.                  

(5)These must be ignored for the 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 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 remit 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 discharged, the judge must order                           the person's discharge, unless reasonable cause is shown for the delay.                  

(9)In this section “Supreme Court devolution appeal” means an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition.                  

(10)This section applies only to Scotland.”                  

Commencement Information

I1062Sch. 20 para. 21 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)** (with art. 4(4))

#### Extradition to category 2 territoriesU.K.

22U.K.Part 2 of the Extradition Act 2003 (extradition to category 2 territories) is amended as follows.

Commencement Information

I1063Sch. 20 para. 22 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)**

23(1)In section 107 (detention pending conclusion of appeal under section 105), for subsection (5) substitute—U.K.

“(5)The preceding provisions of this section do not apply to Scotland.”                  

(2)After section 107 insert—

##### “107ADetention 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 informed 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 under 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 Court against                           a determination of a relevant devolution issue (“the Supreme Court appeal”),                  

the High Court must remand the person 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 dismissed (unless, within that period,                           an application is made to the High Court for permission to make the Supreme Court appeal);                  

(b)the end of the period of 28 days starting with the day when the High Court refuses permission 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 brought 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 devolution issue” means a devolution issue relating to the person's extradition.                  

(8)This section applies only to Scotland.”                  

Commencement Information

I1064Sch. 20 para. 23 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)** (with art. 4(5))

24(1)In section 112 (detention pending conclusion of appeal under section 110), for subsection (5) substitute—U.K.

“(5)The preceding provisions of this section do not apply to Scotland.”                  

(2)After section 112 insert—

##### “112ADetention 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 beginning with the day on which the person's discharge is ordered;                  

(b)if within that period the Scottish 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.                  

(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 relevant devolution issue (“the Supreme Court appeal”), and                  

(c)the remand order has remained in force until that time,                  

then, subject to subsection (6), the 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 dismissed (unless, within that period,                           an application is made to the High Court for permission to make the Supreme Court appeal);                  

(b)the end of the period of 28 days starting with the day when the High Court refuses permission 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 brought 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 devolution issue” means a devolution issue relating to the person's extradition.                  

(8)This section applies only to Scotland.”                  

Commencement Information

I1065Sch. 20 para. 24 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)** (with art. 4(6))

25U.K.After section 115A insert—

##### “115BDetention 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;                  

(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 person's discharge (unless, within that                           period, an application is made to the High Court for permission to make the Supreme Court appeal);                  

(b)the end of the period of 28 days starting with the day when the High Court refuses permission 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 brought 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 devolution issue” means a devolution issue relating to the person's extradition.                  

(6)This section applies only to Scotland.”                  

Commencement Information

I1066Sch. 20 para. 25 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)** (with art. 4(7))

26U.K.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.”                  

Commencement Information

I1067Sch. 20 para. 26 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)**

27(1)In section 118 (extradition following appeal), for subsection (8) substitute—U.K.

“(8)The preceding provisions of this section do not apply to Scotland.”                  

(2)After that section insert—

##### “118AExtradition 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.                  

(2)The “relevant proceedings” are—                  

(a)the proceedings on the appeal under section 103, 108 or 110 if—                  

(i)no Supreme Court devolution appeal is made, or                  

(ii)a Supreme Court devolution appeal is made and the Supreme Court remits the case to the High Court, or                  

(b)the proceedings on a Supreme Court devolution appeal if such an appeal is made and 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, which is 28 days starting                           with—                  

(a)the day on which the decision 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 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 the appeal);                  

(c)when the Supreme Court refuses permission to make a Supreme Court devolution appeal;                  

(d)at the end of the permitted period, which is 28 days starting with the day on which permission to make a Supreme Court devolution                           appeal is granted, if no such appeal is brought before the end of that period.                  

(5)These must be ignored for the 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 remit 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 discharged, the judge must order                           the person's discharge, unless reasonable cause is shown for the delay.                  

(9)In this section “Supreme Court devolution appeal” means an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition.                  

(10)This section applies only to Scotland.”                  

Commencement Information

I1068Sch. 20 para. 27 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)** (with art. 4(8))

28U.K.After section 118A (inserted by paragraph 27) insert—

##### “118BScottish 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 devolution 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.”                  

Commencement Information

I1069Sch. 20 para. 28 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)** (with art. 4(9))

#### SavingU.K.

29U.K.The powers conferred by section 177, 178 and 222 of the Extradition Act 2003 are exercisable in relation to any amendment                        of that Act made by this Part of this Schedule.

Commencement Information

I1070Sch. 20 para. 29 in force at 29.7.2013 by S.I. 2013/1682, **art. 2(1)(b)**

 Section 55

## SCHEDULE 21U.K.Powers of immigration officers: further provision

### **Part 1**U.K.General

#### Police Act 1997U.K.

1U.K.The Police Act 1997 is amended as follows.

Commencement Information

I1071Sch. 21 para. 1 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

2(1)Section 93 (authorisations to interfere with property etc) is amended in accordance with this paragraph.U.K.

(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 authorising officer is within subsection (5)(ha), by an immigration officer;”.                  

(4)In subsection (4)—

(a)in the words after paragraph (b), for “it” substitute “ the conduct ”;

(b)after “1979” insert “ or, where the authorising 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 subsection (6B), insert—

“(6C)For the purposes of this section, an offence is an immigration or nationality offence if conduct 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 Nationality (Hong Kong) Act 1997;                  

(v)the British Overseas Territories Act 2002;                  

(vi)an instrument made under any of those Acts.”.                  

Commencement Information

I1072Sch. 21 para. 2 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

3U.K.In section 94 (authorisations given in absence of authorising officer), in subsection (2), after paragraph (f) insert—

“(fa)where the authorising officer is within paragraph (ha) of that subsection, by a senior official (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 exercisable who is designated by the Secretary of State for the purposes of this section;”.                  

Commencement Information

I1073Sch. 21 para. 3 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

4U.K.In section 107 (supplementary provisions relating to Commissioners), in subsection (4), after paragraph (c) insert—

“(d)the functions of the Secretary of State relating to immigration.”.                  

Commencement Information

I1074Sch. 21 para. 4 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

#### Regulation of Investigatory Powers Act 2000U.K.

5U.K.The Regulation of Investigatory Powers Act 2000 is amended as follows.

Commencement Information

I1075Sch. 21 para. 5 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

6U.K.In section 32(6) (authorisation of intrusive surveillance: senior authorising officers), in paragraph (m), omit the final                        “and”.

Commencement Information

I1076Sch. 21 para. 6 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

7(1)Section 33 (rules for grant of authorisations) is amended in accordance with this paragraph.U.K.

(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 ”.

Commencement Information

I1077Sch. 21 para. 7 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

8(1)Section 34 (grant of authorisations in the senior officer's absence) is amended in accordance with this paragraph.U.K.

(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), after 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 senior 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;”.                  

Commencement Information

I1078Sch. 21 para. 8 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

9(1)Section 35 (notification of authorisations for intrusive surveillance) is amended in accordance with this paragraph.U.K.

(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) ”.

Commencement Information

I1079Sch. 21 para. 9 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

10(1)Section 36 (approval required for authorisations to take effect) is amended in accordance with this paragraph.U.K.

(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) omit the final “and”;

(b)after paragraph (g) insert—

“(ga)where the authorisation was granted by a senior official designated under section 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”.                  

Commencement Information

I1080Sch. 21 para. 10 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

11U.K.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”.                  

Commencement Information

I1081Sch. 21 para. 11 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

12U.K.In section 40 (information to be provided to Surveillance Commissioners), in subsection (1)—

(a)in paragraph (d) omit 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 whom functions relating                           to immigration are exercisable, and”.                  

Commencement Information

I1082Sch. 21 para. 12 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

13U.K.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”.                  

Commencement Information

I1083Sch. 21 para. 13 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(i)**

#### Proceeds of Crime Act 2002U.K.

14U.K.The Proceeds of Crime Act 2002 is amended as follows.

Commencement Information

I1084Sch. 21 para. 14 in force at 25.6.2013 for specified purposes by S.I. 2013/1042, **art. 4(j)**

I1085Sch. 21 para. 14 in force at 22.11.2014 for specified purposes by S.I. 2014/3098, **art. 2(d)**

15U.K.In section 41A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (c) insert—

“(ca)an immigration officer;”.                  

Commencement Information

I1086Sch. 21 para. 15 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

16(1)Section 47C (power to seize property) is amended in accordance with this paragraph.U.K.

(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 subsection (6A) insert—

“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer 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 Nationality (Hong Kong) Act 1997,                  

(e)the British Overseas Territories Act 2002, or                  

(f)an instrument made under any of those Acts.”.                  

Commencement Information

I1087Sch. 21 para. 16 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

17U.K.In section 47G (“appropriate approval”), in subsection (3), after paragraph (a) insert—

“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary                           of State as equivalent to that of a senior police officer,”.                  

Commencement Information

I1088Sch. 21 para. 17 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

18U.K.In section 47M (further detention in other cases), in subsection (3), after paragraph (a) insert—

“(aa)an immigration officer;”.                  

Commencement Information

I1089Sch. 21 para. 18 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

19U.K.In section 72 (serious default), in subsection (9), after paragraph (e) insert—

“(ea)if the person in default was an immigration officer, the compensation is payable by the Secretary of State;”.                  

Commencement Information

I1090Sch. 21 para. 19 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(k)**

20U.K.In section 120A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (b) insert—

“(ba)an immigration officer;”.                  

Commencement Information

I1091Sch. 21 para. 20 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

21(1)Section 127C (power to seize property) is amended in accordance with this paragraph.U.K.

(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 subsection (6A) insert—

“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer 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 Nationality (Hong Kong) Act 1997,                  

(e)the British Overseas Territories Act 2002, or                  

(f)an instrument made under any of those Acts.”.                  

Commencement Information

I1092Sch. 21 para. 21 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

22U.K.In section 127G (“appropriate approval”), in subsection (3), after paragraph (a) insert—

“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary                           of State as equivalent to that of a senior police officer,”.                  

Commencement Information

I1093Sch. 21 para. 22 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

23U.K.In section 127M (further detention in other cases: Scotland), in subsection (3), after paragraph (a) insert—

“(aa)an immigration officer;”.                  

Commencement Information

I1094Sch. 21 para. 23 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

24U.K.In section 190A (restraint orders: power to retain seized property), in subsection (3), after paragraph (c) insert—

“(ca)an immigration officer;”.                  

Commencement Information

I1095Sch. 21 para. 24 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

25(1)Section 195C (power to seize property) is amended in accordance with this paragraph.U.K.

(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 subsection (6A) insert—

“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer 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 Nationality (Hong Kong) Act 1997,                  

(e)the British Overseas Territories Act 2002, or                  

(f)an instrument made under any of those Acts.”.                  

Commencement Information

I1096Sch. 21 para. 25 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

26U.K.In section 195G (“appropriate approval”), in subsection (3), after paragraph (a) insert—

“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary                           of State as equivalent to that of a senior police officer,”.                  

Commencement Information

I1097Sch. 21 para. 26 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

27U.K.In section 195M (further detention in other cases: Northern Ireland), in subsection (3), after paragraph (a) insert—

“(aa)an immigration officer;”.                  

Commencement Information

I1098Sch. 21 para. 27 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

28U.K.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,”.                  

Commencement Information

I1099Sch. 21 para. 28 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

29U.K.In section 297F (release of cash subject to forfeiture notice), in subsection (4), after “Customs,” insert “ immigration officer, ”.

Commencement Information

I1100Sch. 21 para. 29 in force at 22.11.2014 by S.I. 2014/3098, **art. 2(e)**

30U.K.In section 351 (supplementary provision about production orders), in subsection (5)—

(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;

(b)after “customs officer” (in the second place) insert “ or immigration officer ”.

Commencement Information

I1101Sch. 21 para. 30 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(k)**

31U.K.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 ”.

Commencement Information

I1102Sch. 21 para. 31 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(k)**

32U.K.In section 353 (requirements where production order not available), in subsection (10)—

(a)in paragraph (a)—

(i)for “investigator or” substitute “ investigator, ”;

(ii)after “customs officer” insert “ or an immigration officer ”;

(b)in paragraph (c)—

(i)for “investigator or” substitute “ investigator, ”;

(ii)after “Customs” insert “ or an immigration officer ”.

Commencement Information

I1103Sch. 21 para. 32 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(k)**

33U.K.In section 356 (further provisions: civil recovery and detained cash), in subsection (11)(b), after “Customs” insert “ or an immigration officer ”.

Commencement Information

I1104Sch. 21 para. 33 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(k)**

34U.K.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.”.                  

Commencement Information

I1105Sch. 21 para. 34 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(k)**

35(1)Section 369 (supplementary provision about customer information orders) is amended in accordance with this paragraph.U.K.

(2)In subsection (5)—

(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;

(b)after “customs officer” (in the second place) insert “ or immigration officer ”.

(3)In subsection (7), after “customs officer” insert “ or an immigration officer ”.

Commencement Information

I1106Sch. 21 para. 35 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(k)**

36U.K.In section 375 (supplementary provision about account monitoring orders), in subsection (4)—

(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;

(b)after “customs officer” (in the second place) insert “ or immigration officer ”.

Commencement Information

I1107Sch. 21 para. 36 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(k)**

37(1)Section 377 (code of practice of Secretary of State etc) is amended in accordance with this paragraph.U.K.

(2)In subsection (1), after paragraph (e) insert—

“(f)immigration officers.”.                  

(3)In subsection (5), for “(e)” substitute “ (f) ”.

Commencement Information

I1108Sch. 21 para. 37 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(k)**

38U.K.In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the provision which relates to references to a “constable”,                        after “customs and excise officer” insert “ and to an immigration officer ”.

Commencement Information

I1109Sch. 21 para. 38 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(k)**

#### UK Borders Act 2007U.K.

39U.K.In section 24 of the UK Borders Act 2007 (seizure of cash by immigration officers under Proceeds of Crime Act 2002), in subsection                        (2)(c), for “of the rank of at least Assistant Director” substitute “ at or above the grade which is designated by the Secretary of State as being equivalent to the rank of police inspector                           ”.

Commencement Information

I1110Sch. 21 para. 39 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

#### Saving of provisions of Borders, Citizenship and Immigration Act 2009U.K.

40U.K.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).

Commencement Information

I1111Sch. 21 para. 40 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

### **Part 2**U.K.Modification of applied enactments

#### Criminal Justice and Public Order Act 1994U.K.

41U.K.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).

Commencement Information

I1112Sch. 21 para. 41 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

42U.K.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.

Commencement Information

I1113Sch. 21 para. 42 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

43(1)This paragraph has effect in relation to the application of section 138 of the 1994 Act to immigration officers.U.K.

(2)Subsection (1B) is to be treated 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 Criminal Law (Consolidation) (Scotland) Act 1995 (right of suspects to have access to a solicitor)                           apply with the following modifications—                  

(a)omit the references to “other 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.”.                  

(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 treated as if provided as follows—

“(2A)Those provisions are—                  

(a)section 24(2) to (8A) (detention 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) (right of access to solicitor).”.                  

(5)In subsection (6) the reference 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 paragraph (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 subsection (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;

(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).

Commencement Information

I1114Sch. 21 para. 43 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

### **Part 3**U.K.Scotland

#### Criminal Law (Consolidation) (Scotland) Act 1995U.K.

44U.K.The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

Commencement Information

I1115Sch. 21 para. 44 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

45(1)Section 24 (detention and questioning at office of Revenue and Customs) is amended in accordance with this paragraph.U.K.

(2)In the title of the section, for “**at office of Revenue and Customs**” substitute “ **: Revenue and Customs, immigration and nationality offences** ”.

(3)In subsection (5)—

(a)in paragraph (a)—

(i)after “Customs” insert “ (in a case falling within 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 within subsection (A1)(a)) or police station (in a case falling within subsection (A1)(b)) ”;

(iii)after “premises” insert “ (in either of those cases) ”.

Commencement Information

I1116Sch. 21 para. 45 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

46U.K.In section 25 (right to have someone informed when detained), in subsection (1)—

(a)in the words before paragraph (a)—

(i)after “Customs” (in the first place) insert “ (in a case falling within subsection (A1)(a)) or police station (in a case falling within subsection (A1)(b)) ”;

(ii)after “place” (in the first place) 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 ”.

Commencement Information

I1117Sch. 21 para. 46 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

47(1)Section 25A (right of suspects to have access to a solicitor) is amended in accordance with this paragraph.U.K.

(2)In subsection (1)—

(a)in paragraph (b)—

(i)for “an officer” substitute “ an officer of Revenue and Customs ”;

(ii)omit the final “or”;

(b)in paragraph (c), for “an officer” (in each place) substitute “ 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 “Customs” insert “ , police station ”.

(4)In subsection (6)(a), after “Customs” insert “ , police station ”.

Commencement Information

I1118Sch. 21 para. 47 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

48U.K.In section 26B (interpretation of Part 3 etc)—

(a)in subsection (1), for the definition of “officer” substitute—

““officer” means—                  

(a)for the purposes of sections 24 to 25A—                  

(i)an officer of Revenue 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 the other provisions of this Part of this Act, an officer of Revenue and 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”.                  

Commencement Information

I1119Sch. 21 para. 48 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

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).U.K.

(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).

Commencement Information

I1120Sch. 21 para. 49 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

#### Consequential amendments relating to legal aid in ScotlandU.K.

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), after “offences” insert “ or immigration or nationality offences ”.U.K.

(2)In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations                        2011 (criminal advice and assistance: automatic availability 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 made by that amendment from being                        amended or revoked by exercise of the power conferred 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 solicitors: 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 this Schedule; and, accordingly, in regulation 3(1)(b), after “customs” insert “ , immigration and nationality ”.

(5)But regulation 3(1)(b) does not have effect in relation to such a person in a case where—

(a)the person is detained under section 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 prevent 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” means the Criminal Law (Consolidation) (Scotland) Act 1995.

Commencement Information

I1121Sch. 21 para. 50 in force at 25.6.2013 by S.I. 2013/1042, **art. 4(l)**

 Section 56

## SCHEDULE 22U.K.Drugs and driving: minor and consequential amendments

### Road Traffic Act 1988 (c. 52)U.K.

1U.K.The Road Traffic Act 1988 is amended as follows.

Commencement Information

I1122Sch. 22 para. 1 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

2(1)Section 3A (causing death by careless driving when under influence of drink or drugs) is amended as follows.U.K.

(2)In subsection (1), after 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) ”.

Commencement Information

I1123Sch. 22 para. 2 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

3(1)Section 6C (preliminary drug test) is amended as follows.U.K.

(2)In subsection (1)(b), for “in his body.” 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.”                  

Commencement Information

I1124Sch. 22 para. 3 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

4U.K.In section 6D (arrest), in subsection (1), for the words after “preliminary breath test” substitute “or preliminary 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.”                  

Commencement Information

I1125Sch. 22 para. 4 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

5(1)Section 7 (provision of specimens for analysis) is amended as follows.U.K.

(2)After subsection (1) insert—

“(1A)In the course of an investigation 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 “or 4” substitute “ , 4 or 5A ”.

Commencement Information

I1126Sch. 22 para. 5 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

6(1)Section 10 (detention of persons affected by alcohol or a drug) is amended as follows.U.K.

(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.”                  

Commencement Information

I1127Sch. 22 para. 6 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

7U.K.In section 192 (general interpretation of Act), in the definition of “prescribed” in subsection (1), before “means” insert                        “ (except in section 5A) ”.

Commencement Information

I1128Sch. 22 para. 7 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

8U.K.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.

Commencement Information

I1129Sch. 22 para. 8 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

### Road Traffic Offenders Act 1988 (c. 53)U.K.

9U.K.The Road Traffic Offenders Act 1988 is amended as follows.

Commencement Information

I1130Sch. 22 para. 9 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

10(1)Section 15 (use of specimens in proceedings for an offence under section 3A, 4 or 5 of the Road Traffic Act) is amended as                        follows.U.K.

(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 accused'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 accused'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 drugs, would not have been such as to impair his ability to drive properly.”                  

Commencement Information

I1131Sch. 22 para. 10 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

11(1)Section 24 (alternative verdicts: general) is amended as follows.U.K.

(2)In the table in subsection (1), after the entry relating to section 5(1)(a) of the Road Traffic Act 1988 insert—

(3)In subsection (3), for “or 5(1)(a)” substitute “ , 5(1)(a) or 5A(1)(a) and (2) ”.

Commencement Information

I1132Sch. 22 para. 11 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

12U.K.In section 34 (disqualification for certain offences), in subsection (3), after paragraph (b) insert—

“(ba)section 5A(1)(a) and (2) (driving or attempting to drive with concentration of specified controlled drug above specified limit),”.                  

Commencement Information

I1133Sch. 22 para. 12 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

13U.K.In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply), in the table, after the entry beginning “RTA section                        5” insert—

Commencement Information

I1134Sch. 22 para. 13 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

14U.K.The amendments in paragraph 10 do not affect the application of sections 83 and 96 of the Railways and Transport Safety Act                        2003.

Commencement Information

I1135Sch. 22 para. 14 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

### Football Spectators Act 1989 (c. 37)U.K.

15U.K.In Schedule 1 to the Football Spectators 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 concentration of a specified controlled drug above the specified limit ”.

Commencement Information

I1136Sch. 22 para. 15 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

### Crime (International Co-operation) Act 2003 (c. 32)U.K.

16U.K.In Schedule 3 to the Crime (International 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 being in charge, of a motor vehicle with concentration of specified controlled drug above specified                           limit),”.                  

Commencement Information

I1137Sch. 22 para. 16 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

### Armed Forces Act 2006 (c. 52)U.K.

17U.K.In Schedule 1 to the Armed Forces Act 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—

“9AAn offence under section 5A of that Act (driving a vehicle with concentration of specified controlled drug above specified                           limit).”

Commencement Information

I1138Sch. 22 para. 17 in force at 2.3.2015 for E.W. by S.I. 2014/3268, **art. 2**

Prospective

 Section 58

## SCHEDULE 23U.K.Super-affirmative procedure

### Prior consultationU.K.

1U.K.If the Secretary of State is proposing to make an order under section 2, the Secretary of State must consult those persons                           whom the Secretary of State considers would be affected by the proposed order.

### Draft orderU.K.

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—U.K.

(a)a draft order, and

(b)a document which explains the order.

(2)The Secretary of State may not act under this paragraph before the end of the period of twelve weeks beginning with the day                           on which the consultation began.

### Draft order approvedU.K.

3(1)The Secretary of State may make an order 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.U.K.

(2)But the procedure in paragraph 4 is to apply to the draft order instead of the procedure in this paragraph if—

(a)either House of Parliament so resolves within the 30-day period, or

(b)a committee of either House charged 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 extendedU.K.

4(1)The Secretary of State must have regard to—U.K.

(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 reporting 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 period the draft order is approved by a resolution of each House of Parliament, 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 order 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.

(4)If the revised draft order 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.

### InterpretationU.K.

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 contains no                           material changes to its provisions.U.K.

(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 draft order was laid before Parliament.

(3)For that purpose no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either                           House is adjourned for more than four days.

 Section 61(18)

## SCHEDULE 24U.K.The NCA: Northern Ireland

### Provisions that do not extend to Northern IrelandU.K.

1(1)The relevant NCA provisions do not extend to Northern Ireland.U.K.

(2)The Secretary of State may, by order, provide that any 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 IrelandU.K.

2U.K.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 which an order has been made under paragraph 1(2).

### Provisions extended to Northern Ireland: consequential provisionU.K.

3U.K.The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of,                        or in connection with, a provision of this Act extending to Northern Ireland by virtue of an order under paragraph 2.

### Provisions not extending to Northern Ireland: consequential provisionU.K.

4U.K.The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of,                        or in connection with, a provision of this Act not extending to Northern Ireland by virtue of—

(a)paragraph 1(1), or

(b)an order under paragraph 1(2).

### NCA functions in Northern IrelandU.K.

5U.K.The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate for modifying the                        ways in which—

(a)NCA functions are exercised in Northern Ireland, or

(b)the exercise of NCA functions in Northern Ireland is planned or supervised.

### Consent of Northern Ireland Assembly to transferred provisionU.K.

6(1)The Secretary of State may not make an order under this Schedule which makes transferred provision unless the Northern Ireland                        Assembly consents to the making of that provision.U.K.

(2)In this paragraph “transferred provision” means provision which, if it were contained in an Act of the Northern Ireland Assembly—

(a)would be within the legislative competence of the Assembly, and

(b)would deal with a transferred matter 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 Schedule: particular provisionU.K.

7(1)The provision that may be made by an order under paragraph 2, 3, 4 or 5 (whether by virtue of that paragraph or section 58(12))                        includes—U.K.

(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 under 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 limit 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.

### InterpretationU.K.

8U.K.Expressions used in this Schedule and in Part 1 of this Act have the same meanings in this Schedule as in that Part.

9U.K.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”.

#### The relevant NCA provisions

Textual Amendments

F20Sch. 24 para. 9 entry repealed (7.10.2013) by The National Crime Agency (Limitation of Extension to Northern Ireland) Order 2013 (S.I. 2013/2326), arts. 1, **3(2)**

10U.K.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.                         

 Section 61(19)

## SCHEDULE 25U.K.Proceeds of crime provisions: Northern Ireland

### **Part 1**U.K.Civil recovery provisions

#### Meaning of “relevant civil recovery provision”U.K.

1U.K.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 madeU.K.

2(1)The relevant civil recovery provisions do not extend to Northern Ireland.U.K.

(2)But that is subject to paragraph 3.

#### Power to provide for relevant civil recovery provisions to extend to Northern IrelandU.K.

3U.K.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 provision extending to Northern IrelandU.K.

4(1)The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of,                        or in connection with, a relevant civil recovery provision extending to Northern Ireland.U.K.

(2)An order under this paragraph may, in particular—

(a)provide for section 282A of the Proceeds of Crime Act 2002 to have effect in relation to orders made by the High Court in                        Northern Ireland;

(b)provide for an enforcement authority in relation to Northern Ireland to make requests for assistance under section 282B of                        that Act;

(c)provide for a receiver appointed 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 that court to make requests for                        assistance under section 282D of that Act;

(e)provide for an enforcement authority 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 Act to have effect in relation to an enforcement authority in relation to Northern Ireland.

#### Relevant civil recovery provision not extending to Northern IrelandU.K.

5U.K.The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of,                        or in connection with, a relevant civil recovery provision not extending to Northern Ireland.

#### Consent of Northern Ireland Assembly to transferred provisionU.K.

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.U.K.

(2)In this paragraph “transferred provision” means provision which, if it were contained in an Act of the Northern Ireland Assembly—

(a)would be within the legislative competence of the Assembly, and

(b)would deal with a transferred matter 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 provisionU.K.

7(1)The provision that may be made by an order under paragraph 3, 4 or 5 (whether by virtue of that paragraph or section 58(12))                        includes—U.K.

(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 provision 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 any 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 limit 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;
(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**U.K.Investigation provisions

#### Meaning of “relevant investigation provision”U.K.

8U.K.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 relates to each of those provisions.

#### Relevant investigation provisions not to extend to Northern Ireland unless order madeU.K.

9(1)The relevant investigation provisions do not extend to Northern Ireland.U.K.

(2)But that is subject to paragraph 10.

#### Power to provide for relevant investigation provisions to extend to Northern IrelandU.K.

10U.K.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 IrelandU.K.

11U.K.The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of,                        or in connection with, a relevant investigation provision extending to Northern Ireland.

#### Relevant investigation provision not extending to Northern IrelandU.K.

12U.K.The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of,                        or in connection with, a relevant investigation provision not extending to Northern Ireland.

#### Consent of Northern Ireland Assembly to transferred provisionU.K.

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.U.K.

(2)In this paragraph “transferred provision” means provision which, if it were contained in an Act of the Northern Ireland Assembly—

(a)would be within the legislative competence of the Assembly, and

(b)would deal with a transferred matter 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 provisionU.K.

14(1)The provision that may be made by an order under paragraph 10, 11 or 12 (whether by virtue of that paragraph or section 58(12))                        includes—U.K.

(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 any other provision of this Part of this Schedule.

(3)An order under paragraph 10 or 11 may modify or reverse the effects of an order made under paragraph 12.

(4)Sub-paragraphs (1) to (3) do not limit 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).