Criminal Justice and Police Act 2001 Explanatory Notes

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).

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