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Criminal Justice and Police Act 2001

Schedule 5: The Service Authorities for NCIS and NCS

335.This Schedule amends Schedule 1 to the Police Act 1997. Part 1 of Schedule 1 makes provision for the two Service Authorities to have a common core membership (“the core members”). Part 2 makes provision for additional members of the NCIS Service Authority and Part 3 makes provision for additional members of the NCS Service Authority.

Paragraph 2

336.Paragraph 2 reduces the number of core members of the Service Authorities from ten to eight.

Paragraph 3

337.Because of the removal of the link to police authority budgets through the levy, the provision restricting police authority membership on the service Authorities to local authority members of police authorities is removed. Paragraph 3 also changes the number of core members that the Secretary of State appoints under paragraph 2 of Schedule 1 from three only to three or four.

Paragraph 4

338.Paragraph 4 reduces the number of core members appointed by chief officers of police forces in England and Wales and the Assistant Commissioners of the Metropolitan Police from among their number from two to one.

Paragraph 5

339.Paragraph 5 reduces the number of core members appointed by members of police authorities in England and Wales from among their number from four to one. This paragraph also removes the requirement that those members must be police authority members who are also members of a local authority or London Assembly members of the Metropolitan Police Authority.

Paragraph 6

340.Under paragraph 6 of Schedule 1 to the 1997 Act, the Secretary of State currently appoints one Crown servant to be a core member of the Service Authorities. Paragraph 6 of Schedule 5 to the Act provides that the number of core members appointed by the Secretary of State who are Crown servants will be two, if three are appointed under the provisions of paragraph 3, or one, if four are appointed under those provisions.

Paragraph 7

341.Paragraph 7 inserts a new provision which specifies that the Commissioners of Customs and Excise must appoint one customs officer to be a core member of the Service Authorities.

Paragraph 8

342.Paragraph 8 substitutes new paragraphs 7, 7A and 7B for paragraph 7 of Part 2 of Schedule 1, of the Police Act 1997. The new paragraphs make provision about the appointment of members of the NCIS Service Authority additional to the core members, where no order has been made under section 1(2) increasing the membership of the Authority. Instead of nine additional members, the Act provides for three.

343.Currently the nine additional members are –

(a)

a Chief Constable in Scotland;

(b)

a Deputy Chief Constable in the Royal Ulster Constabulary;

(c)

two local authority members of police authorities in England and Wales;

(d)

one member of a police authority in Scotland;

(e)

one member of the Police Authority for Northern Ireland;

(f)

two Crown servants;

(g)

one customs officer;

Under the new paragraphs 7, 7A and 7B the three additional members are-

(a)

one who is either a Chief Constable in Scotland, a member of a police authority in Scotland or a Crown servant, as decided by the Secretary of State after consultation with the Scottish Ministers;

(b)

one who is either a member of the Royal Ulster Constabulary/Police Service in Northern Ireland (of at least the rank of Deputy Chief Constable) or a member of the Police Authority for Northern Ireland/Northern Ireland Policing Board or a Crown servant, as decided by the Secretary of State;

(c)

one who is a member of the Security Service.

Paragraph 9

344.Paragraph 9 amends the provision made by Part 2 of Schedule 1 to the 1997 Act for additional members of the NCIS Service Authority where an order has been made under section 1(3) of that Act increasing the membership. The amended paragraph 8 of Schedule 1 enables the Secretary of State to prescribe who, from the list in the amended paragraph 8, is to be responsible for appointing the additional members.

Paragraph 10

345.Paragraph 10 amends the provision for members of the NCS Service Authority additional to the core membership. Instead of seven additional members there will now be three. Under the Police Act 1997 the seven are made up of one police officer and six local authority members of police authorities in England and Wales. This paragraph provides for the three additional members of the NCS Service Authority to be made up of one chief officer, one police authority member and one member not including Chief Constables, police authorities and Crown servants but appointed by the Secretary of State.

Paragraph 11

346.Paragraph 11 amends the provision made by Part 3 of Schedule 1 to the 1997 Act for additional members of the NCS Service Authority where an order has been made under section 47(3) of that Act increasing the membership. The amended paragraph 10 of Schedule 1 enables the Secretary of State to prescribe who, from the list in the amended paragraph 10, is to be responsible for appointing the additional members.

Paragraphs 12-14

347.Paragraphs 12-14 remove the requirements concerning local authority members of police authorities in paragraphs 12 and 13 of Part 4 of Schedule 1 and the definition of such members in paragraph 14.

Section 109: Transitional provision relating to section 108 etc

348.Subsection (1) enables the order bringing into force section 108 and Schedule 5 to include transitional provisions.

349.Subsection (2). The transitional provision in the order may include provision for the current members of the Service Authorities to be deemed to have resigned and have satisfied all the criteria of resignation, and for co-opted members to cease to be such members, immediately before the coming into force of provisions setting up the newly constituted Service Authorities. They may also provide for decisions about appointments to the newly constituted Service Authorities to be taken before the provisions relating to resignations take effect. This can mean that at the time when the current members are deemed to have resigned from the current Service Authorities the newly designated members are duly appointed to the new Service Authorities thus ensuring continuity of service. This provision also enables the “new” Service Authority to exercise certain functions (e.g. preparing a budget statement in relation to the next financial year) while the “old” Service Authority continues to exercise functions in relation to the current financial year.

350.Subsection (4) ensures that, until such time as the new Northern Ireland Police Board (established under the Police (Northern Ireland) Act 2000) is established, the reference in the new paragraph 7B of Schedule 1 to the Police Act 1997 (inserted by Schedule 5 to the Act) to that Board is read as a reference to the existing Police Authority for Northern Ireland. No equivalent provision is needed in the Act in relation to references to the Police Service of Northern Ireland, because the Police (Northern Ireland) Act 2000 itself makes the necessary transitional provision in this regard to ensure that references to this service are read as references to the Royal Ulster Constabulary for as long as necessary.

Section 110: Preparation of budget statement by NCIS Service Authority

351.This section inserts a new section 16A into the Police Act 1997. The new section requires the NCIS Service Authority to prepare a budget statement for each financial year. The statement is to include a statement of how much is required by the Authority by way of grant under section 17 (as substituted by section 111 of the Act). The Authority is currently obliged under article 4 of the NCIS Service Authority (Levying Order) 1997 (S.I. 1997/2284) to submit a levy proposal to the Secretary of State detailing its expenditure, income, financial reserves and current and proposed borrowing. The new budget statement will replace this levy proposal.

Section 111: Funding of NCIS Service Authority

352.Section 17 of the Police Act 1997 currently authorises the NCIS Service Authority to issue levies to police authorities in England and Wales. Sections 17 and 17A are substituted for the existing section 17. The new section 17 makes provision for the Secretary of State to make grants to the Service Authority for every financial year. The amount of grant is determined by the Secretary of State and can be varied by him by subsequent determination. If the Service Authority does not submit a budget statement to the Secretary of State, according to the criteria in section 16A, or any details requested under section 17A(1), the Secretary of State is not obliged to make a grant under section 17(1) but may still make a grant for that year. The Secretary of State can attach conditions to the payment of any grant, such as specifying how the payment or any part of it can be used and requiring repayment in specified circumstances.

353.The new section 17A enables the Secretary of State to require the Service Authority to provide him with further information to assist him in determining the level of the grant to be paid under the new section 17. It also requires the Secretary of State to prepare a report setting out the details of any grant paid and the factors involved in arriving at his decision. The report is sent to the NCIS Service Authority and laid before the House of Commons. The new section 17A also makes provision for grants to be paid in instalments and for repayment of any amount overpaid.

Section 112: Duty of NCIS Service Authority to prepare accounts

354.This section amends the Police Act 1997 by inserting provisions governing the keeping of proper accounts and records in relation to those accounts, the preparation of a statement of those accounts for each financial year, and the sending of copies of that statement to the Secretary of State and the Comptroller and Auditor General. It will be the statutory duty of the Comptroller and Auditor General to examine and certify the NCIS statement of accounts and issue a report to be laid before Parliament together with the statement.

Section 113: Preparation of budget statement by NCS Service Authority

355.This section makes provision in respect of the NCS Service Authority equivalent to that made by section 110 of the Act for the NCIS Service Authority. Section 113 inserts a new section 61A into the Police Act 1997. The new section requires the NCS Service Authority to prepare a budget statement for each financial year. The statement is to include a statement of how much is required by the Authority by way of grant under section 62 (as substituted by section 114 of the Act). The Authority is currently obliged, under article 4 of the NCS Service Authority (Levying Order) 1997 (S.I.1997/2283), to submit a levy proposal to the Secretary of State detailing its expenditure, income, financial reserves and current and proposed borrowing. The new budget statement will replace the levy proposal.

Section 114: Funding of NCS Service Authority

356.Section 62 of the Police Act 1997 currently authorises the NCS Service Authority to issue levies to police authorities in England and Wales. Sections 62 and 62A are substituted for the existing section 62. The new section 62 makes provision for the Secretary of State to make grants to the Service Authority for every financial year. The amount of the grant is determined by the Secretary of State and can be varied by him by subsequent determination. If the Service Authority does not submit a budget statement to the Secretary of State, according to the criteria in section 61A, or any details requested under section 62A(1), the Secretary of State is not obliged to make a grant under section 62(1) but may still make a grant for that year. The Secretary of State can attach conditions to the payment of any grant, such as specifying how the payment or any part of it can be used and requiring repayment in specified circumstances.

357.The new section 62A enables the Secretary of State to require the Service Authority to provide him with further information to assist him in determining the level of the grant to be paid under the new section 62. It also requires the Secretary of State to prepare a report setting out the details of any grant paid and the factors involved in arriving at his decision. The report is sent to the NCS Service Authority and laid before the House of Commons. The new section 62A also makes provision for grants to be paid in instalments and for repayment of any amount overpaid.

Section 115: Duty of NCS Service Authority to prepare accounts

358.Similar to section 112, this section amends the Police Act 1997 by inserting provisions governing the keeping of proper accounts and records in relation to those accounts, the preparation of a statement of those accounts for each financial year, and the sending of copies of that statement to the Secretary of State and the Comptroller and Auditor General. It will be the statutory duty of the Comptroller and Auditor General to examine and certify the NCS statement of accounts and issue a report to be laid before Parliament together with the statement.

Section 116 and 119: Appointment of NCIS and NCS Director General

359.Sections 6 and 52 of the Police Act 1997 require the NCIS and NCS Service Authorities to appoint a Director General of NCIS and NCS respectively. In each case, the Director General is chosen by a panel of members of the Authority from a list of candidates prepared by that panel and approved by the Secretary of State. These sections amend the Act so that the Secretary of State appoints future Directors General to NCIS and NCS on such terms and conditions as he considers appropriate and the Authorities are required to pay remuneration determined by the Secretary of State. The statutory obligation to prepare a list of eligible candidates will remain with a panel of the relevant Service Authority and further amendments about the constitution of the panel of members responsible for preparing that list are made by subsection (6) and Schedule 6. The Secretary of State will then decide whether or not to approve the list. If it is approved, the intention is that the panel will then interview the candidates. The panel may make recommendations to the Secretary of State. The Secretary of State is obliged, before making an appointment, to have regard to any recommendations made to him (and, in the case of NCIS, to consult with the Scottish Ministers).

Sections 117 and 120: Removal of NCIS and NCS members (other than the Directors General)

360.Sections 7 and 53 of the Police Act 1997 enable the NCIS and NCS Service Authorities, respectively to remove their Director General. Sections 9(10) and 55(10) of that Act apply sections 7 and 53, to give the Service Authorities equivalent powers in relation to other members of the NCIS/NCS (except those appointed by the Directors General under section 9(8) or 55(8)). Sections 7 and 53 are repealed by the Act and replaced with the provision made by sections 118 and 121. Accordingly, sections 9(10) and 55(10) can no longer operate by reference to those sections. Sections 117 and 120 insert two new sections into the 1997 Act (sections 9A and 55A) to make provision equivalent to that previously made by sections 9(10) and 55(10). Sections 9(10) and 55(10) are consequently repealed by the Act.

Sections 118 and 121: Removal of NCIS and NCS Directors General etc

361.As mentioned in paragraph 360, the Act repeals sections 7 and 53 of the Police Act 1997. Sections 118 and 121 amend sections 29 and 74 of that Act so as to enable the Secretary of State to call upon the Director General of NCIS or NCS to retire in the interests of the efficiency or effectiveness.

362.Before exercising his powers under those sections, the Secretary of State must give the Director General an opportunity to make representations. In the case of the Director General of NCIS, he must also consult the Scottish Ministers. Before exercising his powers under this section, the Secretary of State must appoint a person or persons to hold an enquiry and report to him.

Sections 122-125: Police ranks

363.Sections 122, 123, and 125 amend the Police Act 1996 to reintroduce the ranks of deputy assistant commissioner in the Metropolitan Police, deputy chief constable and chief superintendent and make consequential amendments. Section 124 inserts a new section 12A in the 1996 Act which enables the deputy chief constable of a police force to carry out the functions of the chief constable in the absence or incapacity of the chief constable, during a vacancy in that office, or at any other time with the chief constable's consent.

Section 126: Pensions for members of NCIS and NCS

364.This section amends the Police Pension Act 1976 to enable senior officers with fixed term appointment to NCIS and NCS to be included within the Police Pension Scheme.

Section 127: Pensions for ACPO staff

365.This section adds the staff of the Association of Chief Police Officers – both current staff and deferred pensioners – to those who may be members of the Principal Civil Service Pension Scheme established under section 1 of the Superannuation Act 1972.

Section 128: Amendments relating to NCIS and NCS

366.Subsection (1) introduces Schedule 6, which makes minor and consequential amendments relating to Part 5 of the Act. Subsection (2) makes transitional provision in respect of the Police Authority for Northern Ireland of the kind mentioned in paragraph 350 of these notes.

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