Commentary on Sections Schedule 3: Relationships between NCA and other agencies Part 4: Use of police facilities etc by NCA
146.It is not expected that the NCA will maintain its own custody facilities. Accordingly Part 4 of Schedule 3 enables the NCA to use premises, equipment, facilities or services of police forces, and immigration and customs facilities in accordance with an agreement made between the NCA and such bodies.
147.Paragraph 19 provides for voluntary arrangements to be made between the Director General and police and crime commissioners, or the chief constable of police forces listed in Schedule 1 to the Police Act 1996 (police forces in England and Wales outside London), for the NCA to make use of their police facilities.
148.Paragraph 20 enables the Director General to make voluntary arrangements for the NCA to use the facilities made available by the Metropolitan Police Force.
149.Paragraph 21 enables the Director General to make voluntary arrangements for the NCA to use the facilities made available by the City of London Police Force.
150.Paragraph 22 enables the Director General to make voluntary arrangements for the NCA to use immigration or customs facilities.
151.Paragraph 23 provides that the Secretary of State may direct a police force in England & Wales to make arrangements for the use of facilities under paragraph 19, 20 or 21 of this Schedule, in the absence of satisfactory voluntary arrangement made under those paragraphs.
152.Paragraph 24 enables the Director General of the NCA to make voluntary arrangements for the NCA to use facilities made available to the Police Service of Northern Ireland. In the absence of a satisfactory voluntary arrangement, under paragraph 24, paragraph 25 enables the Department of Justice in Northern Ireland, with the consent of the Secretary of State, to direct the Director General and the Northern Ireland Policing Board to make arrangements for the NCA to use the facilities made available by the Police Service of Northern Ireland.
153.Paragraph 26 provides that facility-sharing arrangements must specify or describe the facilities that are the subject of such arrangements (sub-paragraph (1)), and may be varied or terminated by the parties (sub-paragraph (2)) unless it was made in compliance with a direction, in which case consent must be obtained from the person who gave the direction (sub-paragraph (3)).
154.Paragraph 27 provides that before a person (‘D’) gives a direction under this Part of the Schedule to a person (‘P’), D must notify P of the proposal, and consider representations from P.
155.Paragraph 28 provides that facilities means premises, equipment and other material, facilities and services.