Statutory Instruments

2013 No. 2326

National Crime Agency, Northern Ireland

The National Crime Agency (Limitation of Extension to Northern Ireland) Order 2013

Made

11th September 2013

Laid before Parliament

16th September 2013

Coming into force

7th October 2013

The Secretary of State makes the following Order in exercise of the powers conferred by paragraphs 2 and 3 of Schedule 24 to the Crime and Courts Act 2013(1).

Citation and commencement_I1

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_I2

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 ( 2 );

“relevant property”, in relation to NCA civil recovery functions, means—

(a)

recoverable property, and

(b)

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_I3

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

^F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions

^F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jeremy Browne

Minister of State

Home Office

11th September 2013

(1)

2013 c. 22.

(2)

2002 c. 29.

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

in force

Provision is in force

in force*

In force only for specified purposes (for detail about the purposes see/hover footnote)

not in force

Not in force in England (may be in force in other geographies, see footnotes)

italics

Defined term

_dfn

Defined term (alternative style)

gry bckgrd

the in-force status of the provision is complex, check the footnotes

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj
F1	Art. 4 revoked (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), 5(2)
F2	Art. 5 revoked (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), 5(2)
I1	Art. 1 in force at 7.10.2013, see art. 1
I2	Art. 2 in force at 7.10.2013, see art. 1
I3	Art. 3 in force at 7.10.2013, see art. 1

Defined Term	Section/Article	ID
CCA 2013	art. 2.	def_74a59345b7
NCA civil recovery functions	art. 2.	def_1bbcb1c1ed
non-transferred offence	art. 2.	def_2d09974b2d
Part 8 order or warrant	art. 2.	def_1bc4d34134
POCA 2002	art. 2.	def_583b829be7
relevant property	art. 2.	def_abce1bc8f8
transferred offence	art. 2.	def_9e675e277a

Defined Term

Section/Article

Scope of Application

CCA 2013

art. 2.

def_74a59345b7

NCA civil recovery functions

art. 2.

def_1bbcb1c1ed

non-transferred offence

art. 2.

def_2d09974b2d