Explanatory Notes

Crime and Courts Act 2013

2013 CHAPTER 22

25 April 2013

Commentary on Sections

Part 1: The National Crime Agency

Section 13: NCA officers with operational powers: labour relations

252.Subsections (1) to (3) prohibit any person (for example, a trade union) from calling a strike by NCA officers designated with operational powers, including the Director General of the NCA, and provide that the Home Secretary may take civil action against any person who calls such a strike.

253.Subsection (4) allows the Home Secretary to seek an injunction restraining a threatened strike by NCA officers holding operational powers.

254.Subsection (5) provides that, notwithstanding subsections (1) to (3), any trade union representing NCA officers can still be an independent trade union for the purposes of relevant employment legislation.

255.Subsection (6) makes it clear that relevant employment legislation cannot prevent the Home Secretary from enforcing the no-strike provisions.

256.Subsection (7) provides that the Home Secretary may suspend and subsequently reinstate the no-strike provisions by order (subject to the affirmative resolution procedure).

257.Subsection (8) defines terms used in section 13.