The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013

• Citation: S.I. 2013/2318
• Sections: 130

Section 1 Citation and commencement

(1) This Order may be cited as the Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013.

(2) This Order comes into force on 7th October 2013.

Section 2 Consequential amendments

The Schedule (which makes consequential amendments) has effect.

Section 3 Saving provision

(1) The amendments made by this Order to the instruments listed in paragraph (2) do not affect the operation of those instruments in relation to service by any person, before the coming into force of this Order, of the kinds mentioned in section 11(1)(ba), (bb), (bc), (bd), (bf), (c) or (d) of the Police Pensions Act 1976 .

(2) The instruments are—

(a) The Police Pensions Regulations 1987 ;

(b) the Royal Ulster Constabulary Pensions Regulations 1988 ;

(c) the Police Regulations 2003 ;

(d) the Police Pensions Regulations 2006 ;

(e) the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006 ;

(f) the Police (Injury Benefit) Regulations 2006

(g) the Police (Injury Benefit) (Scotland) Regulations 2007 ;

(h) the Police Pensions (Scotland) Regulations 2007 ;

(i) the Police Pension (Northern Ireland) Regulations 2009 .

Section 1 The Police Pensions Regulations 1987

The Police Pensions Regulations 1987 are amended as follows.

Section 2 The Police Pensions Regulations 1987

(1) Regulation A6 is amended in accordance with this paragraph.

(2) In paragraph (5A), for “specified employee of SOCA ” substitute “specified NCA officer”.

(3) For paragraph (5B) substitute—

(5B) In relation to a specified NCA officer, any reference in these Regulations—

(a) to a force shall be construed as a reference to the NCA;

(b) to a police pension authority shall be construed as a reference to the Director General of the NCA;

(c) to a pension supervising authority shall be construed as a reference to the Secretary of State.

(4) For paragraph (5C) substitute—

(5C) For the purposes of regulation A4(3) to (6)—

(a) a specified NCA officer shall be deemed to hold the rank of a member of a home police force (other than the metropolitan police force) equivalent to his grade as set out in the following table—

Grade

Equivalent rank

(b) a specified NCA officer with a grade which is higher than 1 shall be deemed to hold the rank of assistant chief constable.

(5) Omit paragraphs (5D), (5E) and (5F).

Section 3 The Police Pensions Regulations 1987

For regulation A12(2A) substitute—

(2A) In the application of paragraph (2) to a specified NCA officer, the reference to “the ordinary duties of a member of the force” shall be construed as a reference to the ordinary duties of a member of the home police force in which the person last served before becoming a specified NCA officer.

Section 4 The Police Pensions Regulations 1987

(1) Regulation A16 is amended in accordance with this paragraph.

(2) For sub-paragraph (f) substitute—

(f) being a specified NCA officer, leaving the NCA for the purpose of joining a home police force as a regular policeman and joining that force in that capacity, where he leaves the NCA after giving notice of such period as required by his terms and conditions of employment of his intention to do so to the police pension authority or after giving such shorter period of notice as may be agreed between the officer and the authority.

(3) Omit sub-paragraphs (g) and (h).

Section 5 The Police Pensions Regulations 1987

(1) Regulation A17(1) is amended in accordance with this paragraph.

(2) For sub-paragraph (aa) substitute—

(aa) to the contract under which a specified NCA officer is employed by the NCA being terminated;

(3) Omit sub-paragraph (ab).

(4) For sub-paragraph (f) substitute—

(f) on becoming a specified NCA officer;

(5) Omit sub-paragraph (g).

Section 6 The Police Pensions Regulations 1987

For regulation A18(4) substitute—

(4) This regulation shall not apply to a specified NCA officer.

Section 7 The Police Pensions Regulations 1987

In regulation A19(1), for “, specified employee of SOCA or employed constable of NPIA ” substitute “specified NCA officer”.

Section 8 The Police Pensions Regulations 1987

For regulation B1(3A) substitute—

(3A) This regulation shall not apply to a specified NCA officer who retires or retired without giving to the police pension authority notice of such period as required by his terms and conditions of employment of an intention to retire or such shorter period of notice as agreed between the officer and the authority, unless the authority has decided that this regulation should apply or the officer’s contract of employment is or was terminated.

Section 9 The Police Pensions Regulations 1987

(1) Regulation B2A is amended in accordance with this paragraph.

(2) For paragraph (5) substitute—

(5) A specified NCA officer who wishes to retire voluntarily must give to the police pension authority notice of such period as required by his terms and conditions of employment of his intention to retire or such shorter period of notice as may be agreed between the officer and the authority.

(3) Omit paragraph (6).

Section 10 The Police Pensions Regulations 1987

For regulation E8(2A)(b) substitute—

(b) so much as is attributable to the week of any allowances to which he was entitled under Schedule 3 to the Police Regulations 2003 or, in the case of a specified NCA officer, the equivalent allowances to which he was entitled under his terms and conditions of employment.

Section 11 The Police Pensions Regulations 1987

For regulation G1(1) substitute—

(1) Subject to paragraph (1A), the pensionable pay of a member of a police force at any time means his pay at the rate to which he is or was then entitled, account being taken of any retrospective increase in that rate, except that during a period of part-time service in a rank below that of superintendent it means so much of his pay at that rate as is attributable to his determined hours (within the meaning of the determination made by the Secretary of State under regulation 22 of the Police Regulations 2003), and during any period in which a member of a police force is a specified NCA officer, it means the pay at the rate to which he is or was then entitled under his terms and conditions of employment, account being taken of any retrospective increase in that rate.

Section 12 The Police Pensions Regulations 1987

For regulation K1(1)(d) substitute—

(d) he was not, immediately before he retired with the ill-health pension, a specified NCA officer,

Section 13 The Police Pensions Regulations 1987

Omit regulation K4(3).

Section 14 The Police Pensions Regulations 1987

(1) Schedule A is amended in accordance with this paragraph.

(2) Omit the definition of “an employed constable of NPIA”.

(3) For the definition of “maternity leave” substitute—

“maternity leave” has the same meaning as in regulation 3 of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of maternity leave taken by that officer whilst employed by the NCA;

(4) In the definition of “member of a police force”—

(a) for sub-paragraph (f) substitute—

(f) a specified NCA officer;

(b) omit sub-paragraphs (g) and (h).

(5) After the definition of “member of this scheme” insert—

“NCA” means the National Crime Agency;

(6) Omit the definition of “NPIA”.

(7) For the definition of “parental leave” substitute—

“parental leave” means leave granted in accordance with regulation 33(8) of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of parental leave taken by that officer whilst employed by the NCA;

(8) For the definition of “part-time service” substitute—

“part-time service” means service as a regular policeman performed pursuant to an appointment under regulation 5(1) of the Police Regulations 2003 or any other part-time service as a regular policeman or part-time employment as a specified NCA officer;

(9) In the definition of “regular policeman”—

(a) for sub-paragraph (e) substitute—

(e) a specified NCA officer;

(b) omit sub-paragraphs (f) and (g).

(10) Omit the definition of “senior NCA officer”.

(11) For the definition of “sick leave” substitute—

“sick leave” means leave taken in accordance with regulation 33(5) of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of sick leave taken by that officer whilst employed by the NCA;

(12) For the definition of “specified employee of SOCA” substitute—

“specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Act ;

Section 15 The Royal Ulster Constabulary Pensions Regulations 1988

The Royal Ulster Constabulary Pensions Regulations 1988 are amended as follows.

Section 16 The Royal Ulster Constabulary Pensions Regulations 1988

(1) Regulation A13B is amended in accordance with this paragraph.

(2) For the heading substitute—

National Crime Agency

(3) In paragraph (1), for “specified employee of SOCA” substitute “specified NCA officer”.

(4) In paragraph (2)—

(a) in the words before sub-paragraph (a), for “specified employee of SOCA” substitute “specified NCA officer”;

(b) in sub-paragraph (a), for “SOCA” substitute “NCA”;

(c) in sub-paragraph (b), for “SOCA” substitute “NCA”.

(5) In paragraph (3)—

(a) in sub-paragraph (a)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”;

(iii) in the table, in the heading of the first column, for “SOCA” substitute “NCA”;

(b) in sub-paragraph (b)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”.

Section 17 The Royal Ulster Constabulary Pensions Regulations 1988

Omit regulation A13C.

Section 18 The Royal Ulster Constabulary Pensions Regulations 1988

(1) Regulation A14 is amended in accordance with this paragraph.

(2) In paragraph (1)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit the words from “in the case of an employed” to “any other case”.

(3) In paragraph (1A)—

(a) in the words before sub-paragraph (a)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in each other place) substitute “NCA”;

(b) in sub-paragraph (a), for “SOCA” substitute “NCA”;

(c) in sub-paragraph (b)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”.

(4) Omit paragraph (1B).

(5) In paragraph 4—

(a) in the words before sub-paragraph (a)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) omit the words from “who” to “Britain”;

(iii) for “SOCA” (in each other place) substitute “NCA”;

(b) in sub-paragraph (a), for “SOCA” substitute “NCA”;

(c) in sub-paragraph (b)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”.

(6) Omit paragraph 5.

Section 19 The Royal Ulster Constabulary Pensions Regulations 1988

In regulation A15—

(a) in paragraph (1), for the words from “or on joining” to “NPIA” substitute “or on becoming a specified NCA officer”;

(b) in paragraph (1A)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in the second place) substitute “NCA”;

(c) omit paragraph (1B).

Section 20 The Royal Ulster Constabulary Pensions Regulations 1988

In regulation A16(3)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or to an employed constable of NPIA”.

Section 21 The Royal Ulster Constabulary Pensions Regulations 1988

In regulation A17(1)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or to an employed constable of NPIA”.

Section 22 The Royal Ulster Constabulary Pensions Regulations 1988

In regulation B1(3A)—

(a) in sub-paragraph (a)—

(i) for “specified employee of SOCA” (in both places) substitute “specified NCA officer”;

(ii) for “SOCA” (in both other places) substitute “NCA”;

(b) omit sub-paragraph (b);

(c) in the words after sub-paragraph (b)—

(i) for “SOCA” substitute “NCA”;

(ii) omit “or NPIA (as the case may be)”.

Section 23 The Royal Ulster Constabulary Pensions Regulations 1988

In regulation B2A—

(a) in paragraph (5)—

(i) for “specified employee of SOCA” substitute “specified NCA officer”;

(ii) for “SOCA” (in each other place) substitute “NCA”;

(b) omit paragraph (6).

Section 24 The Royal Ulster Constabulary Pensions Regulations 1988

In regulation E8(2A)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or to an employed constable of NPIA”.

Section 25 The Royal Ulster Constabulary Pensions Regulations 1988

In regulation G1(1)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or to an employed constable of NPIA”.

Section 26 The Royal Ulster Constabulary Pensions Regulations 1988

In regulation K1(1)(d)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “or an employed constable of NPIA”.

Section 27 The Royal Ulster Constabulary Pensions Regulations 1988

Omit regulation K4(3).

Section 28 The Royal Ulster Constabulary Pensions Regulations 1988

(1) Schedule A is amended in accordance with this paragraph.

(2) Omit the definition of “an employed constable of NPIA”.

(3) In the definition of “maternity leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(c) omit the words from “and in relation to an employed” to the end.

(4) In the definition of “member”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “and an employed constable of NPIA”.

(5) At the appropriate place insert—

“NCA” means the National Crime Agency;

(6) Omit the definition of “NPIA”.

(7) In the definition of “parental leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(c) omit the words from “and in relation to an employed” to the end.

(8) In the definition of “part-time service”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) omit “and an employed constable of NPIA”.

(9) In the definition of “sick leave”—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (at the second place) substitute “the NCA”;

(c) omit the words from “and in relation to an employed” to the end.

(10) Omit the definition of “SOCA”.

(11) For the definition of “specified employee of SOCA” substitute—

“specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Police Pensions Act 1976;

Section 29 The Prison and Young Offenders Centre Rules (Northern Ireland) 1995

(1) Rule 69 of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995 is amended in accordance with this paragraph.

(2) In paragraph (1A), for “A member of the Serious Organised Crime Agency’s staff designated under section 43 of the Serious Organised Crime and Police Act 2005” substitute “A National Crime Agency Officer designated under section 10 of the Crime and Courts Act 2013”.

(3) In paragraph (1B)(a), for “the Director General of the Serious Organised Crime Agency” substitute “the Director General of the National Crime Agency”.

Section 30 The Police (Property) Regulations 1997

The Police (Property) Regulations 1997 are amended as follows.

Section 31 The Police (Property) Regulations 1997

For regulation 3(ab) substitute—

(ab) in relation to the National Crime Agency, that agency;

Section 32 The Police (Property) Regulations 1997

In regulation 6(5) omit the words from “or in the” to “of that Agency”.

Section 33 The Police (Property) Regulations 1997

In regulation 8, for “Serious Organised Crime Agency” substitute “National Crime Agency”.

Section 34 The Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002

The Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002 are amended as follows.

Section 35 The Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002

For rule 6(3)(ab) substitute—

(ab) the Director General of the National Crime Agency if the cash which is the subject of the application was seized by a National Crime Agency officer who is designated under section 10 of the Crime and Courts Act 2013;

Section 36 The Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002

For rule 8(3)(ab) substitute—

(ab) the Director General of the National Crime Agency if the cash which is the subject of the application was seized by a National Crime Agency officer who is designated under section 10 of the Crime and Courts Act 2013;

Section 37 The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 are amended as follows.

Section 38 The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

In regulation 13(6)(a), for “section 23 or 24 of the Serious Organised Crime and Police Act 2005” substitute “paragraph 4, Schedule 4 to the Crime and Courts Act 2013”.

Section 39 The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

(1) Regulation 14A is amended in accordance with this paragraph.

(2) For the heading substitute—

The National Crime Agency

(3) In paragraph (1)—

(a) for “SOCA to serve as a member of its staff” substitute “the NCA to serve as an NCA officer”;

(b) for “SOCA” (in the second place) substitute “that Agency”.

(4) In paragraph (2)(a)—

(a) for “SOCA to serve as a member of its staff” substitute “the NCA to serve as an NCA officer”;

(b) for “SOCA” (in the second place) substitute “that Agency”.

(5) In paragraph (3), for the words from “SOCA” to the end, substitute ““NCA” means the National Crime Agency”.

Section 40 The Land Registration Rules 2003

The Land Registration Rules 2003 are amended as follows.

Section 41 The Land Registration Rules 2003

(1) Form CIT in Schedule 1 is amended in accordance with this paragraph.

(2) In certificate H—

(a) for “Serious Organised Crime Agency” (in the first place) substitute “National Crime Agency”;

(b) for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

(3) In certificate I—

(a) for “Serious Organised Crime Agency” (in the first place) substitute “National Crime Agency”;

(b) for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

(4) In certificate M—

(a) for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”;

(b) for “Serious Organised Crime Agency” (in each other place) substitute “National Crime Agency”.

(5) In certificate O—

(a) for “section 2 or 3 of the Serious Organised Crime and Police Act 2005” substitute “section 1 of the Crime and Courts Act 2013”;

(b) for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”;

(c) for “Serious Organised Crime Agency” (in each other place) substitute “National Crime Agency”.

Section 42 The Land Registration Rules 2003

In Schedule 5, in the entry in the first column relating to the Director General of the Serious Organised Crime Agency—

(a) for “Serious Organised Crime Agency” (in the first place) substitute “National Crime Agency”;

(b) for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.

Section 43 The Police Regulations 2003

The Police Regulations 2003 are amended as follows.

Section 44 The Police Regulations 2003

In regulation 3—

(a) at the appropriate place insert—

“NCA” means the National Crime Agency;

(b) omit the definition of “SOCA”;

(c) for the definition of “specified employee of SOCA” substitute—

“specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Police Pensions Act 1976;

Section 45 The Police Regulations 2003

(1) Regulation 44A is amended in accordance with this paragraph.

(2) In the heading, for “ SOCA ” substitute “ NCA ”.

(3) In paragraph (1)—

(a) for “specified employee of SOCA” substitute “specified NCA officer”;

(b) for “SOCA” (in each other place) substitute “NCA”.

(4) In paragraph (2), for “SOCA” (in each place) substitute “NCA”.

Section 46 The Police Regulations 2003

(1) Paragraph 1 of Schedule 3 is amended in accordance with this paragraph.

(2) In sub-paragraph (6)(e), for “specified employee of SOCA” substitute “specified NCA officer”.

(3) In sub-paragraph (10), for “specified employee of SOCA” substitute “specified NCA officer”.

(4) In sub-paragraph (11)—

(a) in the words before paragraph (a), for “specified employee of SOCA” substitute “specified NCA officer”;

(b) in paragraph (b), for “specified employee of SOCA” substitute “specified NCA officer”.

Section 47 The Lay Magistrates (Eligibility) (Northern Ireland) Order 2004

(1) Article 2 of the Lay Magistrates (Eligibility) (Northern Ireland) Order 2004 is amended in accordance with this paragraph.

(2) In paragraph (e)—

(a) omit sub-paragraph (xviii);

(b) for sub-paragraph (ixx) substitute—

(xix) the Director General of the National Crime Agency,

(c) for sub-paragraph (xx) substitute—

(xx) a National Crime Agency officer;

(3) In paragraph (f)—

(a) omit sub-paragraph (xvi);

(b) for sub-paragraph (xvii) substitute—

(xvii) the Director General of the National Crime Agency,

(c) for sub-paragraph (xviii) substitute—

(xviii) a National Crime Agency officer;

(4) In paragraph (g)—

(a) omit sub-paragraphs (iv) and (vi);

(b) for sub-paragraph (v) substitute—

(v) the Director General of the National Crime Agency;

(5) In paragraph (h), after sub-paragraph (xiii) insert—

(xiv) the Director General of the National Crime Agency;

(xv) a National Crime Agency officer;