Commentary on Sections Schedule 4: NCA: general
174.Paragraph 1 allows the Secretary of State to make regulations (subject to the negative resolution procedure) governing the equipment used by the NCA. Sub-paragraph (2) enables regulations to be made, for example, in relation to the use of specified equipment. The use of equipment may also be prohibited under the regulations. The NCA is required to comply with any conditions specified in the regulations on the use of equipment. Before making such regulations under paragraph 1, the Secretary of State must first consult the Director General of the NCA and any other persons considered appropriate (sub-paragraph (3)).
175.Equipment under paragraph 1 includes vehicles, headgear and protective and other clothing (sub-paragraph (4)).
176.Paragraph 2 establishes the NCA’s liability in respect of unlawful conduct of any persons acting under the auspices of the NCA in the same way that an employer is liable for the unlawful conduct of employees in the course of their employment.
177.Sub-paragraphs (2) to (4) set out the circumstances under which the NCA will be liable for the unlawful actions of persons carrying out functions in relation to the NCA. Sub-paragraph (2) sets out the NCA’s liability in relation to constables or other persons carrying out functions whilst seconded to the NCA or when providing assistance to the NCA under Part 3 of Schedule 3. Sub-paragraph (3) covers the NCA’s liability in relation to the conduct of a person other than an NCA officer who is a member of an NCA-led international joint investigation team, when that person is carrying out functions as a member of that team. Sub-paragraph (4) covers the unlawful conduct of a person carrying out surveillance under section 76A of the Regulation of Investigatory Powers Act 2000.
178.Sub-paragraph (5) provides that the NCA will be a joint tortfeasor when the unlawful conduct is a tort.
179.Sub-paragraph (6) provides that where the Secretary of State receives reimbursement through an international agreement for any sums of money paid by the NCA by virtue of paragraph 2, the Secretary of State must pay the sum to the NCA by way of reimbursement.
180.Paragraph 3 sets out various summary offences relating to obstructing or assaulting members of an international joint investigation team led by the NCA, in accordance with obligations under international agreements to which the United Kingdom is a party.
181.Sub-paragraph (1) makes it an offence to assault a member of an international joint investigation team led by the NCA and who is carrying out functions as a member of that team and sub-paragraph (3) makes it an offence to resist or wilfully obstruct a member of that team in similar circumstances. Sub-paragraphs (2) and (4) provide for the penalties for the two offences.
182.Paragraph 4 is concerned with certain provisions of sex, disability, race and employment discrimination legislation in Northern Ireland and the operation of those provisions in relation to persons seconded to the NCA. Sub-paragraph (1) provides that a person seconded to the NCA is to be treated as an employee of the NCA for the purposes of the provisions listed under sub-paragraph (2). Sub-paragraph (3) provides that for the purposes of subparagraph (4) the NCA is to be treated as the employer of persons seconded to the NCA.