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Criminal Justice and Police Act 2001

Section 107: Payment of allowances to authority members etc

330.Subsection (1) amends existing legislation (the Police Act 1996 and the Police Act 1997) to enable police authorities and the Service Authorities for NCS/NCIS to determine members allowances payments for themselves, where previously they were determined by the Secretary of State. The Secretary of State will retain the power to determine payment of expenses and to give guidance on allowances of which the authorities would be required to take account.

331.Subsections (2) and (3) relate to police authorities outside London and to the Metropolitan Police Authority respectively. By inserting additional provisions into Schedules 2 and 2A of the Police Act 1996, the sections provide certain rules which all police authorities must follow when devising and implementing their allowances schemes. These rules provide that: any allowances scheme must be published annually, and each time it is revised; payments may differ depending on the role or type of member; authorities may pay expenses and allowances to non-police authority members of standards committees appointed under section 53(4)(b) of the Local Government Act 2000; authorities should have regard to any guidance which the Secretary of State may issue; and the Secretary of State maintains a reserve power to limit by regulations the allowances paid. The section relating to the Metropolitan Police Authority has an additional provision determining that members who are also salaried members of the Greater London Assembly shall not receive allowances payments under the scheme set up by the authority.

332.Subsection (4) amends the Police Act 1997 by introducing provision for the Service Authorities of NCIS and NCS to make varying payments by way of allowances to its chairman, vice-chairman and other members. Only police authority and independent members can receive these allowances which must fall within the limitations imposed by the Secretary of State by regulations. Also, such allowances can only be paid in accordance with arrangements published by the Service Authorities within the previous twelve months. Any revision of such arrangements can only be made with due regard to any guidance issued by the Secretary of State and can only come into effect by publication.

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