Part 1The National Crime Agency

General

11E1Inspections and complaints

I31

Her Majesty's Inspectors of Constabulary (“HMIC”) must carry out inspections of the NCA.

I32

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.

F12A

The Secretary of State must consult the Department of Justice in Northern Ireland before requesting HMIC to carry out an inspection in respect of a particular matter which relates only to the exercise of NCA functions in Northern Ireland.

2B

The Department of Justice may request that HMIC carry out an inspection in respect of a particular matter that relates only to the exercise of NCA functions in Northern Ireland, but only with the consent of the Secretary of State.

I33

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.

I34

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.

I35

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.

I1I46

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.

I37

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 ”.

I3E28

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).

I2I59

Schedule 6 (inspections and complaints) has effect.