A person must not induce the Director General or any NCA officer designated under section 10 to withhold (or to continue to withhold) services as an NCA officer.

The duty imposed by subsection (1) is a duty owed to the Secretary of State.

A breach of that duty which causes the Secretary of State to sustain loss or damage is to be actionable, at the Secretary of State's suit or instance, against the person in breach.

Subsection (3) is without prejudice to the right of the Secretary of State, by virtue of subsections (1) and (2), to bring civil proceedings in respect of any apprehended contravention of subsection (1).

The no-strike provisions must be disregarded in determining for the purposes of any of the relevant employment legislation whether any trade union is an independent trade union.

Nothing in the relevant employment legislation is to affect the rights of the Secretary of State by virtue of the no-strike provisions.

The Secretary of State may, by order, suspend, or later revive, the operation of the no-strike provisions.

In this section—

• “no-strike provisions” means subsections (1) to (3) of this section;

• “relevant employment legislation” means—

  1. a

     the Trade Union and Labour Relations (Consolidation) Act 1992;

  2. b

     the Employment Rights Act 1996;

  3. c

     the Trade Union and Labour Relations (Northern Ireland) Order 1995;

  4. d

     the Employment Rights (Northern Ireland) Order 1996.