Section 5 Relationships between NCA and other agencies: tasking etc

I1(1)

Any of the following persons may perform a task if the Director General requests the person to perform it—

(a)

the chief officer of a UK police force;

(b)

a UK law enforcement agency.

(2)

A request under subsection (1)—

(a)

may be made only if the Director General considers that performance of the task would assist the NCA to exercise functions;

(b)

must explain how performance of the requested task would so assist the exercise of functions.

(3)

The Director General may perform a task if any of the following persons requests the Director General to perform it—

(a)

the chief officer of a UK police force;

(b)

a UK law enforcement agency.

(4)

A request under subsection (3)—

(a)

may be made only if the person making it considers that performance of the task would assist that person — or, in a case where that person is the chief officer of a police force, would assist that person or police force — to exercise functions;

(b)

must explain how performance of the requested task would so assist the exercise of functions.

(5)

The Director General may direct any of the following persons to perform a task specified in the direction—

(a)

the chief officer of an England and Wales police force;

(b)

the Chief Constable of the British Transport Police.

F1(c)

the Director of the Serious Fraud Office.

(6)

The Director General may give a direction under subsection (5) only if the Director General considers that—

(a)

performance of the task would assist the NCA to exercise functions;

(b)

it is expedient for the directed person to perform that task; and

(c)

satisfactory arrangements cannot be made, or cannot be made in time, under subsection (1).

(7)

A person given a direction under this section must comply with it.

(8)

If a person is requested or directed under this section to perform a task, the person may comply with that request or direction by securing that the task is performed by another person.

(9)

The Director General may give a direction under this section to the Chief Constable of the British Transport Police only if the Secretary of State consents.

I2 I3(10)

Schedule 3 (relationships between NCA and other agencies) has effect.

(11)

This section has effect subject to Part 5 (payment for tasks etc) of Schedule 3.

(12)

Paragraph 33 of Schedule 3 gives the Secretary of State power to amend this section.

Annotations

Textual amendments

F1: S. 5(5)(c) inserted (10.5.2024) by The National Crime Agency (Directed Tasking) Order 2024 (S.I. 2024/629), arts. 1(1), 3

Commencement

I1: S. 5(1)-(9) (11) (12) in force at 7.10.2013 by S.I. 2013/1682, art. 3(f)
I2: S. 5(10) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, art. 2(a)
I3: S. 5(10) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, art. 3(g)