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Sections 1(7) and 47(7).

SCHEDULE 1E+W+S+N.I. Appointment of Members of the Service Authorities

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Commencement Information

I1Sch. 1 wholly in force at 23.7.1997; Sch. 1 not in force at Royal Assent see s. 135; Sch. 1 in force for certain purposes at 25.6.1997 (and subject to modifications in S.I. 1887/1377, art. 3(3)(4)) by s. 135 and S.I. 1997/1377, art. 3(2)(c); Sch. 1 wholly in force at 23.7.1997 by S.I. 1997/1377, art. 4(2)(a)

Part IE+W+S+N.I. Core Members

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Extent Information

E1Sch. 1 Pts. I, IV extend to E.W. only so far as they relate to the Service Authority for the National Crime Squad, see s. 137(2)(c)

1(1)The NCS Service Authority and the NCIS Service Authority shall have a common core membership consisting of [F1eight] members (“the core members”) appointed in accordance with this Part.E+W+S+N.I.

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Amendments (Textual)

F1Word in Sch. 1 Pt. I para. 1 substituted (1.4.2002) by 2001 c. 16, s. 108, Sch. 5 Pt. 1 para. 2; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

2(1)[F2At least three, and not more than four,] of the core members shall be persons appointed by the Secretary of State under this paragraph.E+W+S+N.I.

(2)A person shall not be appointed under this paragraph if he is—

(a)a member of a police force in Great Britain or of the [F3Police Service of Northern Ireland],

(b)a Crown servant, or

(c)a F4. . . member of a police authority for an area in England and Wales, a member of a police authority for an area in Scotland or a member of the [F5Northern Ireland Policing Board].

(3)One of the core members appointed under this paragraph shall be appointed by the Secretary of State to be the chairman of both the NCS Service Authority and the NCIS Service Authority.

[F6(4)Before making any appointment under this paragraph F7. . . , the Secretary of State shall consult the Scottish Ministers.]

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Amendments (Textual)

F2Words in Sch. 1 Pt. I para. 2(1) substituted (1.4.2002) by 2001 c. 16, s. 108, Sch. 5 Pt. 1 para. 3(a); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F4Words in Sch. 1 Pt. I para. 2(2)(c) repealed (1.4.2002) by 2001 c. 16, s. 108, 137, Sch. 5 Pt. 1 para. 3(b), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F7Words in Sch. 1 Pt. I para. 2(4) repealed (1.4.2002) by 2001 c. 16, ss. 108, 137, Sch. 5 Pt. 1 para. 3(c), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

3(1)[F8One] of the core members shall be appointed by the chief officers of police of forces in England and Wales and the Assistant Commissioners of Police of the Metropolis (“the relevant police officers”), from among their number.E+W+S+N.I.

(2)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F8Word in Sch. 1 Pt. I para. 3(1) substituted (1.4.2002) by 2001 c. 16, s. 108, Sch. 5 Pt. 1 para. 4(a); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

4[F10(1)][F11One] of the core members shall be appointed by the F12. . . members of police authorities for areas in England and Wales, from among their number.E+W+S+N.I.

(2)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F11Word in Sch. 1 Pt. I para. 4(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 1 para. 5(a)(i); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

[F156(1)The relevant number of core members shall be Crown servants appointed by the Secretary of State under this paragraph.E+W+S+N.I.

(2)For this purpose “the relevant number” means—

(a)if three core members are appointed under paragraph 2, two, and

(b)if four core members are so appointed, one.]

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Amendments (Textual)

F15Sch. 1 Pt. I para. 6 substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 1 para. 6; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

[F166AOne of the core members shall be a customs officer appointed by the Commissioners of Customs and Excise under this paragraph.]E+W+S+N.I.

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Amendments (Textual)

F16Sch. 1 Pt. I para. 6A inserted (1.4.2002) by 2001 c. 16, ss. 108(3), Sch. 5 Pt. 1 para. 7; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

[F176B(1)The Secretary of State may appoint one of the core members to be the vice-chairman of both the NCS Service Authority and the NCIS Service Authority.E+W+S+N.I.

(2)Before making an appointment under this paragraph, the Secretary of State shall consult the Scottish Ministers.

(3)Subject to any provision made by the NCS Service Authority or the NCIS Service Authority under paragraph 3 of Schedule 2A, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority.]

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Amendments (Textual)

F17Sch. 1 Pt. I para. 6B inserted (1.4.2002) by 2001 c. 16, s. 104(3); S.I. 2002/344, art. 3(b) (with transitional provisions in art. 4)

Part IIE+W+S+N.I. Additional Members of NCIS Service Authority

[F187Where the NCIS Service Authority is to consist of eleven members by virtue of section 1, then in addition to the eight core members—E+W+S+N.I.

(a)one of the members shall be a person appointed under this paragraph in accordance with paragraph 7A,

(b)one shall be a person appointed under this paragraph in accordance with paragraph 7B, and

(c)one shall be a member of the Security Service appointed by the Secretary of State under this paragraph.]

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Amendments (Textual)

F18Sch. 1 Pt. II paras. 7-7B substituted (1.4.2002) for Sch. 1 Pt. II para. 7 by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 8; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

[F197A(1)Where an appointment falls to be made in accordance with this paragraph the Secretary of State shall, after consultation with the Scottish Ministers, decide whether the person appointed must be—E+W+S+N.I.

(a)a chief constable of a police force in Scotland,

(b)a member of a police authority for an area in Scotland, or

(c)a Crown servant.

(2)Where such a decision is made—

(a)if the member must be within sub-paragraph (1)(a), he shall be appointed by the chief constables of police forces in Scotland, from among their number;

(b)if the member must be within sub-paragraph (1)(b), he shall be appointed by the members of police authorities for areas in Scotland, from among their number; and

(c)if the member must be within sub-paragraph (1)(c), he shall be appointed by the Scottish Ministers.]

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Amendments (Textual)

F19Sch. 1 Pt. II paras. 7-7B substituted (1.4.2002) for Sch. 1 Pt. II para. 7 by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 8; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

[F207B(1)Where an appointment falls to be made in accordance with this paragraph the Secretary of State shall decide whether the person appointed must be—E+W+S+N.I.

(a)a person holding at least the rank of deputy chief constable in the Police Service of Northern Ireland,

(b)a member of the Northern Ireland Policing Board, or

(c)a Crown servant.

(2)Where such a determination is made—

(a)if the member must be within sub-paragraph (1)(a), he shall be appointed by the Chief Constable of the Police Service of Northern Ireland;

(b)if the member must be within sub-paragraph (1)(b), he shall be appointed by the members of the Northern Ireland Policing Board, from among their number; and

(c)if the member must be within sub-paragraph (1)(c), he shall be appointed by the Secretary of State.]

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Amendments (Textual)

F20Sch. 1 Pt. II paras. 7-7B substituted (1.4.2002) for Sch. 1 Pt. II para. 7 by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 8; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

Modifications etc. (not altering text)

C1Sch. 1 Pt. II para. 7B modified (11.5.2001) by 2001 c. 16, s. 109(4)

8(1)Where the Authority is to consist of more than [F21eleven] members by virtue of an order under section 1(3), then in addition to the [F22eight] core members—E+W+S+N.I.

(a)a prescribed number of members shall be appointed by the Secretary of State under this paragraph [F23after consultation with the Scottish Ministers]

(b)a prescribed number shall be appointed by the relevant police officers, from among their number;

(c)a prescribed number of members shall be appointed by the chief constables of police forces in Scotland, from among their number;

(d)[F24a prescribed number shall be persons] holding at least the rank of deputy chief constable in the [F25Police Service of Northern Ireland], appointed by the Chief Constable of [F26that Police Service];

(e)a prescribed number F27. . . shall be appointed by the F28. . . members of police authorities for areas in England and Wales, from among their number;

(f)a prescribed number shall be appointed by the members of police authorities for areas in Scotland, from among their number;

(g)a prescribed number shall be appointed by the members of the [F29Northern Ireland Policing Board], from among their number;

[F30(h)a prescribed number shall be Crown servants appointed by the Secretary of State under this paragraph;

(ha)a prescribed number shall be Crown servants appointed by the Scottish Ministers under this paragraph; and]

(i)[F31a prescribed number shall be customs officers] appointed by the Commissioners of Customs and Excise.

(2)F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(a), as it applies to appointments under paragraph 2.

F33(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The power to make an order under section 1(3) includes power to prescribe anything which is require to be prescribed for the purposes of this paragraph [F34; but nothing in this paragraph shall require such an order to prescribe a number in respect of each of the paragraphs of sub-paragraph (1)].

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Amendments (Textual)

F21Word in Sch. 1 Pt. II para. 8(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(a); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F22Word in Sch. 1 Pt. II para. 8(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(b); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F24Words in Sch. 1 Pt. II para. 8(1)(d) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(c); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F30Sch. 1 Pt. II para. 8(1)(h)(ha) substituted (1.4.2002) for Sch. 1 Pt. II para. 8(1)(h) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(e); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F31Words in Sch. 1 Pt. II para. 8(1)(i) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(f); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F34Words in Sch. 1 Pt. II para. 8(5) inserted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(4); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

Part IIIE+W Additional Members of NCS Service Authority

9[F35(1)] Where the NCS Service Authority is to consist of [F36eleven] members by virtue of section 47, then in addition to the [F37eight] core members—E+W

(a)one member shall be appointed by the relevant police officers, from among their number; and

(b)[F38one] shall be appointed by the F39. . . members of police authorities for areas in England and Wales, from among their number. [F40and

(c)one shall be appointed by the Secretary of State.]

[F41(2)Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(c) as it applies to appointments under paragraph 2.]

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Amendments (Textual)

F35Sch. 1 Pt. III para. 9 renumbered (1.4.2002) as Sch. 1 Pt. III para. 9(1) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(1); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F36Word in Sch. 1 Pt. III para. 9(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(2)(a); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F37Word in Sch. 1 Pt. III para. 9(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(2)(b); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F38Word in Sch. 1 Pt. III para. 9(1)(b) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(2)(c)(i); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F40Sch. 1 Pt. III para. 9(1)(c) and preceding word inserted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(2)(d); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F41Sch. 1 Pt. III para. 9(2) inserted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(3); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

10(1)Where the Authority is to consist of more than [F42eleven] members by virtue of an order under section 47(3), then in addition to the [F42eight] core members—E+W

(a)a prescribed number of members shall be appointed by the Secretary of State;

(b)a prescribed number shall be appointed by the relevant police officers, from among their number; and

(c)a prescribed number F43. . . shall be appointed by the F44. . . members of police authorities for areas in England and Wales, from among their number.

(2)F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(a), as it applies to appointments under paragraph 2.

F46(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The power to make an order under section 47(3) includes power to prescribe anything which is required to be prescribed for the purposes of this paragraph [F47; but nothing in this paragraph shall require such an order to prescribe a number in respect of each of the paragraphs of sub-paragraph (1)].

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Amendments (Textual)

F42Words in Sch. 1 Pt. III para. 10(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 11(a)(i)(ii); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F47Words in Sch. 1 Pt. III para. 10(5) inserted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 11(d); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

Part IVE+W+S+N.I. General

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Extent Information

E2Sch. 1 Pts. I, IV extend to E.W. only so far as they relate to the Service Authority for the National Crime Squad, see s. 137(2)(c)

Membership of more than one Service Authority by non-core membersE+W+S+N.I.

11(1)Nothing in this Schedule shall prevent a member of the NCS Service Authority appointed under Part III from being appointed as a member of the NCIS Service Authority under Part II.E+W+S+N.I.

(2)Nothing in this Schedule shall prevent a member of the NCIS Service Authority appointed under Part II from being appointed as a member of the NCS Service Authority under Part III.

Local authority membersE+W+S+N.I.

12F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

13The clerk to a Service Authority shall make such arrangements as he considers necessary to facilitate the appointment to the Authority, in accordance with this Schedule, of—E+W+S+N.I.

(a)F49. . . members of police authorities for areas in England and Wales, and

(b)in the case of the clerk to the NCIS Service Authority, members of police authorities for areas in Scotland and members of the [F50Northern Ireland Policing Board].

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Amendments (Textual)

InterpretationE+W+S+N.I.

14F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

15In this Schedule—E+W+S+N.I.

(a)the relevant police officers” shall be construed in accordance with paragraph 3(1), and

(b)customs officer” means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the M1Customs and Excise Management Act 1979.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

16For the purposes of this Schedule, [F52the Commissioner of Police for the City of London shall be treated as if he were a member of the City of London police force.].E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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