Commentary on Sections Schedule 3: Relationships between NCA and other agencies Part 6: General
158.Paragraph 33 provides an order-making power (subject to the affirmative resolution procedure) by which the Secretary of State may amend the list of partners subject to directed tasking and assistance arrangements (at section 5 or paragraph 11 of Schedule 3). The Secretary of State may, in particular, add or remove persons (who were added). But none of the following may be added: the Commissioners for Her Majesty’s Revenue and Customs, the Chief Constable for the Police Service of Scotland, any person operating only in Scotland, the Chief Constable of the Police Service of Northern Ireland, and any person operating only in Northern Ireland. The Secretary of State may also amend the requirements for the Director General to seek prior consent from agencies or bodies before issuing directions. Before using this power, the Secretary of State must consult the affected person.
159.Paragraph 35 places a duty on a person given a direction to comply with it (sub-paragraph (1)) and limits the extent of a direction by ensuring that it must not relate to any prosecution function (sub-paragraph(2)).