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:

There are currently no known outstanding effects for the Crime and Courts Act 2013, Section 42. Help about Changes to Legislation

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Part 2Courts and Justice

42Other interpretative provisions

(1)

This section applies for the purposes of sections 34 to 41.

(2)

Approved regulator” means a body recognised as a regulator of relevant publishers.

(3)

For the purposes of subsection (2), a body is “recognised” as a regulator of relevant publishers if it is so recognised by any body established by Royal Charter (whether established before or after the coming into force of this section) with the purpose of carrying on activities relating to the recognition of independent regulators of relevant publishers.

(4)

Relevant claim” means a civil claim made in respect of any of the following—

(a)

libel;

(b)

slander;

(c)

breach of confidence;

(d)

misuse of private information;

(e)

malicious falsehood;

(f)

harassment.

(5)

For the purposes of subsection (4)—

(a)

the reference to a claim made in respect of the misuse of private information does not include a reference to a claim made by virtue of F1Article 82 of the F2UK GDPR or section 168 or 169 of the Data Protection Act 2018 (compensation for contravention of the data protection legislation)
;

(b)

the reference to a claim made in respect of harassment is a reference to a claim made under the Protection from Harassment Act 1997.

F3(5A)

In subsection (5)(a), “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).

(6)

The “material time”, in relation to a relevant claim, is the time of the events giving rise to the claim.

(7)

News-related material” means—

(a)

news or information about current affairs,

(b)

opinion about matters relating to the news or current affairs, or

(c)

gossip about celebrities, other public figures or other persons in the news.

(8)

A relevant claim is related to the publication of news-related material if the claim results from—

(a)

the publication of news-related material, or

(b)

activities carried on in connection with the publication of such material (whether or not the material is in fact published).

(9)

A reference to the “publication” of material is a reference to publication—

(a)

on a website,

(b)

in hard copy, or

(c)

by any other means;

and references to a person who “publishes” material are to be read accordingly.

(10)

A reference to “conduct” includes a reference to omissions; and a reference to a person’s conduct includes a reference to a person’s conduct after the events giving rise to the claim concerned.