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Version Superseded: 01/07/1999
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7Where the NCIS Service Authority is to consist of nineteen members by virtue of section 1, then in addition to the ten core members—
(a)one of the members shall be appointed by the chief constables of police forces in Scotland, from among their number;
(b)one shall be a person holding at least the rank of deputy chief constable in the Royal Ulster Constabulary, appointed by the Chief Constable of that Constabulary;
(c)two shall be appointed by the local authority members of police authorities for areas in England and Wales, from among their number;
(d)one shall be appointed by the members of police authorities for areas in Scotland, from among their number;
(e)one shall be appointed by the members of the Police Authority for Northern Ireland, from among their number;
(f)two shall be Crown servants appointed by the Secretary of State under this paragraph; and
(g)one shall be a customs officer appointed by the Commissioners of Customs and Excise.
Valid from 01/04/2002
[F17A(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—U.K.
(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.]
Textual Amendments
F1Sch. 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)
Valid from 01/04/2002
[F27B(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—U.K.
(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.]
Textual Amendments
F2Sch. 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 nineteen members by virtue of an order under section 1(3), then in addition to the ten core members—
(a)a prescribed number of members shall be appointed by the Secretary of State under this paragraph;
(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)one shall be a person holding at least the rank of deputy chief constable in the Royal Ulster Constabulary, appointed by the Chief Constable of that Constabulary;
(e)a prescribed number (being not less than two) shall be appointed by the local authority 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 Police Authority for Northern Ireland, from among their number;
(h)two shall be Crown servants appointed by the Secretary of State under this paragraph; and
(i)one shall be a customs officer appointed by the Commissioners of Customs and Excise.
(2)An order under section 1(3) shall ensure—
(a)that a majority of the members of the Authority are members appointed—
(i)by the Secretary of State (other than under sub-paragraph (1)(h) or paragraph 6),
(ii)by local authority members of police authorities for areas in England and Wales,
(iii)by members of police authorities for areas in Scotland, or
(iv)by members of the Police Authority for Northern Ireland, and
(b)that the number of members appointed by local authority members of police authorities in England and Wales is—
(i)greater than the total number appointed under sub-paragraph (1)(a) or paragraph 2,
(ii)greater than the total number appointed under sub-paragraph (1)(b), (c) or (d) or paragraph 3, and
(iii)greater than the number appointed under each of paragraphs (f) and (g) of sub-paragraph (1).
(3)Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(a), as it applies to appointments under paragraph 2.
(4)A person appointed under sub-paragraph (1)(a) shall not be so appointed to represent the Secretary of State in his capacity as police authority for the metropolitan police district.
(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.
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