National Crime Agency, Northern Ireland Citation and commencement 1 This Order may be cited as the National Crime Agency (Limitation of Extension to Northern Ireland) Order 2013 and comes into force on 7th October 2013. Interpretation 2 1 In this Order— “ CCA 2013 ” means the Crime and Courts Act 2013; “ NCA civil recovery functions” means NCA functions under Part 8 of POCA 2002 relating to civil recovery investigations; “Part 8 order or warrant” means an order made, or warrant issued, by a court or judge under any provision of Part 8 of POCA 2002; “POCA 2002” means the Proceeds of Crime Act 2002 ; “relevant property”, in relation to NCA civil recovery functions, means— recoverable property, and any other property in relation to which NCA civil recovery functions are exercisable. 2 Expressions used in this Order and in Part 8 of POCA 2002 have the same meanings in this Order as in that Part of that Act. 3 For the purposes of this Order unlawful conduct constitutes a “transferred offence” if— a the conduct occurs in Northern Ireland, b the conduct is unlawful under the criminal law of Northern Ireland, and c the criminal law of Northern Ireland under which the conduct is unlawful is a transferred matter. 4 For the purposes of this Order unlawful conduct constitutes a “non-transferred offence” if— a the conduct occurs in Northern Ireland, b the conduct is unlawful under the criminal law of Northern Ireland, and c the criminal law of Northern Ireland under which the conduct is unlawful is a reserved matter or excepted matter. 5 In determining for the purposes of paragraph (4)(c) whether or not the criminal law of Northern Ireland under which conduct is unlawful is a reserved matter or excepted matter, particular regard is to be had to all the circumstances relevant to the conduct. Relevant NCA provisions that are to extend to Northern Ireland 3 1 The relevant NCA provisions that are contained in Schedule 8 to CCA 2013 are to extend to Northern Ireland. 2 Accordingly, the last entry in the table in paragraph 9 of Schedule 24 to CCA 2013 (relating to Schedule 8 to CCA 2013) is repealed. Limitation on exercise of NCA civil recovery functions in Northern Ireland 4 1 NCA civil recovery functions may not be exercised in Northern Ireland in relation to relevant property obtained through, or otherwise relating to, unlawful conduct which constitutes a transferred offence. 2 This article is subject to article 5. 3 The exercise of NCA civil recovery functions otherwise than in accordance with this order does not affect the validity of the exercise of the functions. Exceptions 5 1 Article 4 does not affect the exercise of NCA civil recovery functions if the unlawful conduct constitutes a non-transferred offence (as well as a transferred offence). 2 Article 4 does not affect the exercise of NCA civil recovery functions if the unlawful conduct is, in the view of an NCA officer, closely connected with other conduct that constitutes— a a non-transferred offence, or b an offence under the law of any country or territory outside Northern Ireland. 3 Article 4 does not affect the exercise of NCA civil recovery functions if, and for as long as, a person exercising the functions could not reasonably be expected to assess whether or not that article applies to the exercise of the functions. 4 Article 4 does not affect the exercise of NCA civil recovery functions in relation to a Part 8 order or warrant if it was applied for before 7th October 2013. Jeremy Browne Minister of State Home Office 11th September 2013