Legislation – Crime and Courts Act 2013

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Introduction

Part 1
The National Crime Agency

1 The National Crime Agency

2 Modification of NCA functions

3 Strategic priorities

4 Operations

5 Relationships between NCA and other agencies: tasking etc

6 Duty to publish information

7 Information gateways

8 Other functions

9 Director General: customs powers of Commissioners & operational powers

10 Operational powers of other NCA officers

11 Inspections and complaints

12 Information: restrictions on disclosure etc

13 NCA officers with operational powers: labour relations

14 NCA officers with operational powers: pay and allowances

15 Abolition of and

16 Interpretation of Part 1

Part 2
Courts and Justice

17 Civil and family proceedings in England and Wales

18 Youth courts to have jurisdiction to grant gang-related injunctions

19 Varying designations of authorities responsible for remanded young persons

20 Judicial appointments

21 Deployment of the judiciary

22 Transfer of immigration or nationality judicial review applications

23 Permission to appeal from Upper Tribunal to Court of Session

24 Appeals relating to regulation of the Bar

25 Enforcement by taking control of goods

26 Payment of fines and other sums

27 Disclosure of information to facilitate collection of fines and other sums

28 Disclosure of information for calculating fees of courts, tribunals etc

29 Supreme Court chief executive, officers and staff

30 Supreme Court security officers

31 Making, and use, of recordings of Supreme Court proceedings

32 Enabling the making, and use, of films and other recordings of proceedings

33 Abolition of scandalising the judiciary as form of contempt of court

34 Awards of exemplary damages

35 Relevant considerations

36 Amount of exemplary damages

37 Multiple claimants

38 Multiple defendants

39 Awards of aggravated damages

40 Awards of costs

41 Meaning of “relevant publisher”

42 Other interpretative provisions

43 Use of force in self-defence at place of residence

44 Dealing non-custodially with offenders

45 Deferred prosecution agreements

46 Restraint orders and legal aid

47 Restraint orders and legal aid: supplementary

48 Civil recovery of the proceeds etc of unlawful conduct

49 Investigations

50 Extradition

Part 3
Miscellaneous and general

51 Immigration cases: appeal rights; and facilitating combined appeals

52 Appeals against refusal of entry clearance to visit the

53 Restriction on right of appeal from within the United Kingdom

54 Deportation on national security grounds: appeals

55 Powers of immigration officers

56 Drugs and driving

57 Public order offences

58 Orders and regulations

59 Consequential amendments

60 Transitional, transitory or saving provision

61 Short title, commencement and extent

SCHEDULES

SCHEDULE 1 The NCA & NCA officers

SCHEDULE 2 The framework document & annual report

SCHEDULE 3 Relationships between NCA and other agencies

SCHEDULE 4 NCA: general

SCHEDULE 5 Police, customs and immigration powers

SCHEDULE 6 Inspections and complaints

SCHEDULE 7 Information: restrictions on disclosure

SCHEDULE 8 Abolition of SOCA and NPIA

SCHEDULE 9 Single county court in England and Wales

SCHEDULE 10 The family court

SCHEDULE 11 Transfer of jurisdiction to family court

SCHEDULE 12 Gang-related injunctions: further amendments

SCHEDULE 13 Judicial appointments

SCHEDULE 14 Deployment of the judiciary

SCHEDULE 15 Exclusions from definition of “relevant publisher”

SCHEDULE 16 Dealing non-custodially with offenders

SCHEDULE 17 Deferred prosecution agreements

SCHEDULE 18 Proceeds of crime: civil recovery of the proceeds etc of unlawful conduct

SCHEDULE 19 Proceeds of crime: investigations

SCHEDULE 20 Extradition

SCHEDULE 21 Powers of immigration officers: further provision

SCHEDULE 22 Drugs and driving: minor and consequential amendments

SCHEDULE 23 Super-affirmative procedure

SCHEDULE 24 The NCA: Northern Ireland

SCHEDULE 25 Proceeds of crime provisions: Northern Ireland

Changes to legislation:

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SCHEDULES

SCHEDULE 13Judicial appointments

Part 6Appointment of judge to exercise functions of a Head of Division in case of incapacity or a vacancy etc

86

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).