Statutory Instruments

2016 No. 1143

National Crime Agency

The Crime and Courts Act 2013 (Application and Modification of Enactments) Order 2016

Made

24th November 2016

Laid before Parliament

25th November 2016

Coming into force

25th December 2016

The Secretary of State has consulted the Commissioners for Her Majesty’s Revenue and Customs in accordance with paragraph 29(2)(a) of Schedule 5 to the Crime and Courts Act 2013( 1 ).

The Secretary of State makes the following Order in exercise of the powers conferred by paragraphs 27(1)(b), 27(2)(d)(i) and (ii), and 29(1)(b) of Schedule 5 to that Act:

Citation and commencement

1. This Order may be cited as the Crime and Courts Act 2013 (Application and Modification of Enactments) Order 2016 and comes into force on 25th December 2016.

Interpretation

2. In this Order “the 2013 Act” means the Crime and Courts Act 2013 .

Application of the 2006 Act to designated persons

3. —(1) The 2006 Act applies in relation to—

(a) designated persons, and

(b) the exercise of powers by such persons under Part 1 of the 2013 Act,

with the modifications set out in paragraph (2).

(2) For the references to “constable of the rank of superintendent or above” in sections 32(2) and 33(2) of the 2006 Act, substitute “designated person of at least grade 2”.

(3) In this article—

“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006 ( 2 );

“designated person” means—

(a)

the Director General of the NCA designated as a person having the powers and privileges of a constable under section 9(2)(a) of the 2013 Act, or

(b)

an NCA officer designated as a person having such powers under section 10(1)(a) of the 2013 Act.

Application of the 2015 Order to designated persons

4. —(1) The 2015 Order applies in relation to—

(a) designated persons, and

(b) the exercise of powers by such persons under Part 1 of the 2013 Act,

with the modifications set out in paragraph (2).

(2) For the references in column 2 in Part 2 of Schedule 2 to the 2015 Order to—

(a) “Officer”, substitute “Designated person of at least grade 4”;

(b) “Higher officer”, substitute “Designated person of at least grade 3”;

(3) In this article—

“the 2015 Order” means the Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 ( 3 );

“designated person” means—

(a)

the Director General of the NCA designated as a person having the powers of an officer of Revenue and Customs under section 9(2)(b) of the 2013 Act, or

(b)

an NCA officer designated as a person having such powers under section 10(1)(b) of the 2013 Act.

Ben Wallace

Minister of State

Home Office

24th November 2016

( 1 )

2013 c.22 .

( 2 )

2006 c.13 .

( 3 )

S.I. 2015/1783 .

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID
designated person	art. 3.	def_360a006b26
designated person	art. 4.	def_3d858d0684
the 2006 Act	art. 3.	def_16e4a7f414
the 2013 Act	art. 2.	def_74efe9b7d6
the 2015 Order	art. 4.	def_c82b4ad23f