Explanatory Notes

Criminal Justice and Police Act 2001

2001 CHAPTER 16

11th May 2001

Commentary on Sections

Schedule 5: The Service Authorities for NCIS and NCS

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.