These Regulations require the Director General of the National Crime Agency to maintain and manage two specific lists: the barred list, for individuals dismissed for misconduct, and the advisory list, for those who resigned or retired while subject to investigations.
The document mandates the inclusion of specific personal and professional details for listed individuals, including the nature of the conduct or allegations involved.
It further establishes procedures for the automatic removal of individuals in cases of death, successful legal appeals, or findings of unfair dismissal, and creates a statutory process for individuals to apply for removal from either list after five years.
Arguments For
The regulations state that the lists serve to ensure that individuals dismissed from the National Crime Agency (NCA) for conduct matters are identified to potential future law enforcement employers.
Proponents argue the barred list helps maintain integrity within law enforcement by preventing the re-employment of individuals whose conduct was contrary to NCA standards.
The document specifies that the advisory list provides a mechanism to track individuals who resigned or retired while under investigation, ensuring potential disciplinary matters are not overlooked in future hiring.
The legislation provides a formal application process for removal after five years, which the document presents as a means to account for rehabilitation or suitability for future law enforcement roles after a significant period.
Arguments Against
Legal scholars may question the broad discretion granted to the Director General of the NCA when determining if removal from a list is "appropriate" based on subjective criteria like "public confidence."
Civil liberties organizations might argue that the inclusion of individuals on the advisory list based on "allegations" prior to a formal finding of misconduct could infringe upon the right to a fair hearing or impact future employment without due process.
Affected parties may raise concerns regarding the five-year waiting period before an application for removal can be made, asserting it may be disproportionate in certain cases of unfair dismissal or minor misconduct.
Implementation difficulties may arise regarding the requirement for the Director General to remove deceased persons "as soon as reasonably practicable," as there is no specified mechanism for how the NCA is to be systematically notified of such deaths.
Citation, commencement and extent
- -(1) These Regulations may be cited as the National Crime Agency Barred List and National Crime Agency Advisory List Regulations 2026 and come into force on 21st September 2026. (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section establishes the official title of the regulations and sets the date they become legally active as 21 September 2026.
It specifies that the legal authority of these regulations applies across the entire United Kingdom, including England, Wales, Scotland, and Northern Ireland.
Interpretation
- In these Regulations-
'the 2026 Act' means the Crime and Policing Act 2026;
'advisory list' means the National Crime Agency advisory list( 2 );
'barred list'means the National Crime Agency barred list( 3 );
'NCA' means National Crime Agency;
This section defines the key terms used throughout the document to ensure consistent legal application.
It links the regulations to the primary legislation, the Crime and Policing Act 2026, and clarifies that 'NCA' refers to the National Crime Agency.
Information to be included in the barred list
- -(1) The Director General of the NCA must include in the barred list the following information in relation to each person ('P') included in the list-
- (a) P's full name;
- (b) P's date of birth;
- (c) whether, at the time of the dismissal or finding by virtue of which P was included in the list, P was an NCA officer or former NCA officer;
- (d) where P was an NCA officer or former NCA officer-
- (i) P's grade, or in the case of a former NCA officer P's last grade;
- (ii) P's staff number;
- (e) the reason for the dismissal or finding, including (where applicable)-
- (i) a description of P's conduct which led to the dismissal or finding; and
- (ii) the way in which the conduct was (if at all) contrary to NCA standards;
- (f) the date of the dismissal or finding;
- (g) if P was included in the advisory list, the date that they were included in that list and whether P resigned or retired.
- (2) In this regulation-
'NCA standards' has the same meaning as in the National Crime Agency (Complaints and Misconduct) Regulations 2013.
This section mandates that the Director General of the NCA record specific personal and professional data for any individual placed on the barred list.
Requirements include the individual's identity, their previous rank and staff number, and a detailed description of the conduct or standard violations that led to their dismissal.
Automatic removal following an appeal
- Where paragraph 4 of Schedule 25 to the 2026 Act does not apply, the Director General of the NCA must nevertheless remove a person ('P') from the barred list as soon as reasonably practicable where-
- (a) P is reinstated or re-engaged as an NCA officer following the decision of any court or tribunal; or
- (b) the dismissal by virtue of which P was included in the list under paragraph 2(1)(a) of Schedule 25 to the 2026 Act is found to have been an unfair dismissal by any court or tribunal.
This section requires the Director General to remove an individual from the barred list if a court or tribunal overturns their dismissal.
This applies specifically when the person is legally reinstated to their position or when their dismissal is officially ruled to be unfair.
Automatic removal on death
- Where it comes to the attention of he Director General of the NCA that a person who is included in the barred list has died, they must remove that person from the list as soon as reasonably practicable.
This section directs the Director General to delete an individual's entry from the barred list upon learning of their death.
The action must be taken as quickly as is feasible once the information is received.
Removal on application of barred person
- -(1) Paragraph (2) applies where a person ('P') has been included in the barred list for five years or longer beginning on the day on which P was included in the list.
(2) P may apply to the Director General of the NCA to be removed from the list where-
- (a) the application is P's first application under this regulation; or
- (b) in any other case, the condition set out in paragraph (3) is met. (3) The condition in this paragraph is met if P makes the application-
- (a) on or after the date specified by the Director General of the NCA under paragraph (7) when dismissing P's most recent application; or
- (b) where no date was specified under paragraph (7), after the expiry of the five year period beginning with the date on which the Director General of the NCA dismissed P's most recent application.
(4) An application under paragraph (2)-
- (a) must be made in the form and manner determined by the Director General of the NCA;
- (b) may contain any information or be accompanied by any other documents that P considers relevant to the application.
(5) On considering P's application, where the Director General of the NCA is satisfied that it is appropriate for P to be removed from the list, they must remove P as soon as reasonably practicable, otherwise they must dismiss the application.
(6) In determining whether it is appropriate for P to be removed from the list the Director General of the NCA must have regard to-
- (a) the extent to which P has shown that P is suitable to be employed or otherwise appointed by a law enforcement employer;
- (b) the circumstances of the dismissal, or which led to the finding, by virtue of which P was included in the list;
- (c) the impact on public confidence in the NCA of removing P from the list.
(7) Where the Director General of the NCA dismisses P's application, they may specify a date (being no later than the last day of the period of five years beginning with the day on which the application is dismissed) before which no further application may be made by P under this regulation.
(8) Before making a decision under paragraph (5) or (7), the Director General of the NCA may request further representations, information or documents from P.
(9) The Director General of the NCA must give P notice of their decision on P's application before the end of the period of five working days beginning with the day on which the decision is made.
(10) In this regulation-
'law_enforcement_employer' has the meaning given in section 206 of the 2026 Act.
This section permits individuals to apply for removal from the barred list after they have been listed for at least five years.
The Director General assesses these applications based on the applicant's current suitability for law enforcement roles, the original reasons for their dismissal, and the potential effect on public trust.
If an application is rejected, the Director General can set a waiting period of up to five years before the individual can apply again.
Information to be included in the advisory list
- The Director General of the NCA must include in the advisory list the following information in relation to each person ('P') included in the list-
- (a) P's full name;
- (b) P's date of birth;
- (c) where Condition 1 in paragraph 10 of Schedule 25 to the 2026 Act (inclusion of persons in advisory list) is met in relation to P-
- (i) P's grade at the time of resigning or retiring;
- (ii) P's staff number;
- (iii) whether P resigned or retired;
- (iv) the date P resigned or retired;
- (v) a summary of the relevant allegation;
- (vi) in a case where disciplinary proceedings have been brought, the form of those proceedings;
(d) where Condition 2 in paragraph 10 of Schedule 25 to the 2026 Act is met in relation to P-
- (i) P's grade at the time of resigning or retiring;
- (ii) P's staff number;
- (iii) whether P resigned or retired;
- (iv) the date P resigned or retired;
- (v) the date the relevant allegation about P came to the attention of the Director General of the NCA;
- (vi) a summary of the relevant allegation.
This section outlines the data requirements for the advisory list, which tracks individuals who left the NCA while under investigation or facing allegations.
It requires recording the person's identity, the timing of their departure (resignation or retirement), and a summary of the allegations or disciplinary proceedings they were involved in at the time.
Removal from advisory list on application of listed person
- -(1) Paragraph (2) applies where a person ('P') has been included in the advisory list for five years or longer beginning on the day on which P was included in the list.
(2) P may apply to the Director General of the NCA to be removed from the list where-
- (a) the application is P's first application under this regulation; or
- (b) the condition set out in paragraph (3) is met. (3) The condition in this paragraph is met if P makes the application-
- (a) on or after the date specified by the Director General of the NCA under paragraph (6) when dismissing P's most recent application; or
- (b) where no date was specified under paragraph (6), after the expiry of the five year period beginning with the date on which they dismissed P's most recent application.
(4) An application under paragraph (2)-
- (a) must be made in the form and manner determined by the Director General of the NCA;
- (b) may contain any information or be accompanied by any other documents that P considers relevant to the application.
(5) If, on considering P's application, the Director General of the NCA is satisfied that it is appropriate for P to be removed from the advisory list, they must remove P from the list, otherwise they must dismiss the application.
(6) If the Director General of the NCA dismisses P's application, they may specify a date (being no later than the last day of the period of five years beginning with the day on which the application is dismissed) before which no further application may be made by P under this regulation.
(7) Before making a decision under paragraph (5) or (6), the Director General of the NCA may request further representations, information or documents from P.
(8) The Director General of the NCA must give P notice of their decision on P's application before the end of the period of five working days beginning with the day on which the decision is made.
This section provides a procedure for individuals on the advisory list to request removal after five years, mirroring the process for the barred list.
The Director General has the authority to approve or deny the request and can set a future date for when the person may re-apply if the initial request is denied.
Automatic removal on death
- Where it comes to the attention of the Director General of the NCA that a person who is included in the advisory list has died, they must remove the person from the list as soon as reasonably practicable.
This section requires the Director General to remove a person's name from the advisory list as soon as it is confirmed that the individual has died.
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