Commentary on Sections Schedule 2: The framework document & annual report
119.Part 1 of Schedule 2 makes provision in respect of the NCA framework document. The framework document will in effect be a joint statement of how the Home Secretary and Director General propose to work together, and how they wish the NCA to operate.
120.Paragraph 1 provides that the framework document will set out the ways in which the NCA is to operate. In particular it will set out the ways in which NCA functions are to be exercised and the ways in which the NCA is to be administered, for example, the governance and accountability of the Agency including the respective roles of the Home Secretary and Director General; the arrangements in respect of financial and performance management; and the proactive disclosure of information.
121.Paragraph 2 places a duty on the Secretary of State to issue the framework document and keep it under review and revise it as and when appropriate.
122.Paragraph 3 provides that the Home Secretary must have regard to the framework document in exercising functions in relation to the NCA. Similarly section 3(2) provides that the Director General must have regard to the framework document when exercising his or her functions.
123.Paragraph 4 requires that the Home Secretary must consult and obtain the approval of the Director General before issuing any framework document. Paragraph 5 requires the Secretary of State to consult Scottish Ministers and the Department of Justice in Northern Ireland in preparing the first framework document or any subsequent revision which is, in the Home Secretary’s view significant..
124.Paragraph 6 requires the Secretary of State to lay the framework document (and any subsequent revisions) before Parliament and arrange for it to be published in the manner which the Home Secretary considers appropriate. The Scottish Ministers and the Department of Justice in Northern Ireland are required to lay a copy of the report before the Scottish Parliament and the Northern Ireland Assembly respectively.
125.Part 2 of Schedule 2 makes provision in respect of the NCA annual report.
126.Paragraph 7 places a duty on the Director General to issue an annual report on the exercise of the NCA functions during that year which must include an assessment of the extent to which the annual plan has been carried out.
127.Paragraph 8 requires the Director General to arrange publication of the annual report in a manner which he or she considers appropriate but the Director General must send a copy of it to the strategic partners and the Secretary of State. The Secretary of State, the Scottish Ministers and the Department of Justice in Northern Ireland are required to lay a copy of the report before Parliament, the Scottish Parliament and the Northern Ireland Assembly respectively.