Moved by
Lord Taylor of Holbeach
25: Schedule 3, page 43, line 22, at end insert—
“Duty to keep NCA informed: government bodies
4A (1) Each specified body must keep the Director General informed of any information held by that body which—
(a) is held in connection with the exercise of a relevant function of that body, and
(b) appears to that body to be relevant to the exercise by the NCA of—
(i) the crime-reduction function,
(ii) the criminal intelligence function, or
(iii) functions conferred by the Proceeds of Crime Act 2002.
(2) Where a specified body informs the Director General of such information, that body must disclose to the NCA any of that information which the Director General requests that body to disclose.
(3) This paragraph does not require a specified body to keep the Director General informed of information which appears to that body to be information obtained (whether directly or indirectly) from the NCA.
(4) This paragraph does not require the Director of the Serious Fraud Office to keep the Director General informed of, or to disclose to the NCA, any information obtained under section 2(2) or (3) of the Criminal Justice Act 1987 (information which the Director of the SFO may require a person to produce etc).
Duty to keep government bodies informed
4B (1) The Director General must keep each specified body informed of any information obtained by the NCA in the exercise of any NCA function which appears to the Director General to be relevant to the exercise by that specified body of any relevant function for the purposes of carrying out activities to combat crime.
(2) This paragraph does not require the Director General to keep a specified body informed of information which appears to the Director General to be information obtained (whether directly or indirectly) from that body.
Meaning of “specified body” & “relevant function”
4C In paragraphs 4A and 4B—
(a) “specified body” means a body specified in the first column of this table;
(b) “relevant function”, in relation to such a body, means a function that falls within the functions specified in relation to that body in the second column of this table.
Specified
bodies |
Relevant
functions |
The
Secretary of
State. |
Functions
relating to immigration, nationality or
customs. |
The
Director of Border
Revenue. |
All
functions. |
The
Director of the Serious Fraud
Office. |
Investigatory
functions (but not any prosecution
functions).” |
26: Schedule 3, page 45, line 8, leave out “a police force” and insert “an England and Wales police force or a direction to the Chief Constable of the British Transport Police”