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Criminal Justice and Police Act 2001

Paragraph 21

369.Paragraph 21 inserts a new Schedule 2A to the Police Act 1997 which makes further provision about the Service Authorities. Provision is now required because the local government enactments do not apply to the NCS Service Authority and the equivalent orders will no longer apply to the NCIS Service Authority. Provision is as follows:-

Paragraph 1 gives the Authorities certain powers which, in the case of the power to acquire and dispose of property or borrow money, are subject to obtaining the consent of the Secretary of State.

Paragraph 2 provides that the Secretary of State’s approval is required prior to the appointment to committees of persons who are not members of the Service Authorities and further allows him to set the amount of remuneration and allowances to be paid to such members of committees.

Paragraph 3 provides the NCIS and NCS Service Authorities with the statutory power to regulate their own procedures subject to the provisions set out in this Schedule.

Paragraph 4 requires the quorum for Service Authority meetings to include a minimum of three core members from independent, chief officer of police and police authority representatives and in the case of committee or sub-committee meetings, one member or employee of the Service Authority.

Paragraph 5 concerns the delegation of powers and provides for the discharge of any of the functions of an Authority to be carried out by a committee or sub-committee, or by an officer of the Service Authority.  Further delegation to a sub-committee or officer is permitted unless otherwise directed.  The Authority or committee will not be prevented from exercising any of its functions after making such arrangements.

Paragraph 6 specifies that either Service Authority can discharge any of its functions jointly with the other Service Authority or with one or more police authorities and allows for the provision of those functions by a joint committee or officer of one authority.  Similar to paragraph 6, the carrying out of functions can be delegated to a sub-committee unless otherwise directed.

Paragraph 7 defines the discharge of Service Authority functions for the purposes of paragraphs 6 and 7 to include doing anything to facilitate, or which is incidental, to the discharge of those functions.

Paragraph 8 defines an officer of the NCIS or NCS Service Authority as the Director General, his deputy and any employee of the Authority.  Provision is made for the Director General of NCIS or NCS or his deputy to delegate any of the functions of the Authorities to another member of NCIS or NCS.

370.Part 2: Paragraphs 13-45 of this Schedule make amendments to a number of local government enactments by removing references to the NCS Service Authority.

371.Part 3: Paragraphs 61 and 62of this Schedule amend section 1(1) of the House of Commons Disqualification Act 1975 and prevent members of the NCIS and NCS Service Authorities from being members of Parliament and the Northern Ireland Assembly.

372.Paragraph 77 of this Schedule amends section 62 of the Police Act 1996 (Police Negotiating Board) in consequence of the new arrangements for appointment of the Director General.

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