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Criminal Justice and Police Act 2001

Status:

This is the original version (as it was originally enacted).

Financial provisions for NCIS Service Authority

110Preparation of budget statement by NCIS Service Authority

After section 16 of the 1997 Act (NCIS service fund) there shall be inserted—

16ABudget statement

(1)The NCIS Service Authority shall, before the beginning of each financial year, submit to the Secretary of State a budget statement for that year.

(2)In this section references to a budget statement for a financial year are to a statement of the amount which the Authority estimates it requires by way of grant under section 17 for that year.

(3)In preparing a budget statement for a financial year, the Authority shall take account of—

(a)the expenditure which the Director General of NCIS estimates will be incurred in connection with NCIS in the year,

(b)any income which it is estimated will be received in that year, whether by way of payments under section 18A or by way of charges imposed by the Authority under section 19, or otherwise,

(c)the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,

(d)the current and proposed level of borrowing of the Authority,

(e)the views of all members of the Authority, and

(f)such other matters as may be prescribed.

(4)A budget statement submitted under subsection (1) shall be in such form, and contain such information, as may be prescribed.

(5)Where the NCIS Service Authority has submitted a budget statement for a financial year, it shall notify the Secretary of State, as soon as is practicable, of any change in circumstances which results in a material change (whether an increase or a reduction) in the amount required (or expected to be required) by it by way of grant under section 17 for that year.

(6)In this section “prescribed” means prescribed by an order made by the Secretary of State.

(7)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.

111Funding of NCIS Service Authority

For section 17 of the 1997 Act (which empowers the NCIS Service Authority to issue levies to police authorities in England and Wales) there shall be substituted—

17Grants from the Secretary of State

(1)The Secretary of State shall for each financial year make a grant to the NCIS Service Authority.

(2)If the Authority fails, in relation to a financial year,—

(a)to submit to the Secretary of State a budget statement in accordance with section 16A, or

(b)to comply with a requirement under section 17A(1),

subsection (1) above shall not apply in respect of that year, but the Secretary of State may make a grant to the Authority for that year.

(3)For every financial year the Secretary of State shall determine the amount of the grant to be made under this section; and a determination under this subsection may be varied by a subsequent determination under this subsection.

(4)If the Secretary of State considers it appropriate, he may make any payment of grant under this section on conditions.

(5)The conditions may (among other things)—

(a)regulate the purposes for which the payment or any part of it may be used;

(b)require repayment to the Secretary of State in specified circumstances.

17AProvision supplemental to section 17

(1)The Secretary of State may require the NCIS Service Authority to provide him, in connection with the exercise of his functions under section 17, with such information as he may specify, within such period as he may specify.

(2)Where the Secretary of State makes a determination under section 17, he shall prepare a report—

(a)setting out the determination (including any conditions imposed by virtue of section 17(4)), and

(b)stating the considerations which he took into account in making it.

(3)A copy of every report prepared under subsection (2) shall—

(a)be sent to the NCIS Service Authority, and

(b)be laid before the House of Commons.

(4)A grant to the NCIS Service Authority under section 17 shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may determine; and any such time may fall within or after the financial year concerned.

(5)Where in consequence of a further determination under section 17(3) the amount of the Authority’s grant is less than the amount already paid to it for the year, a sum equal to the difference shall be paid by the Authority to the Secretary of State at such time as he may specify.

112Duty of NCIS Service Authority to prepare accounts

After section 21 of the 1997 Act (pensions and gratuities) there shall be inserted—

21AAccounts

(1)The NCIS Service Authority shall—

(a)keep proper accounts and proper records in relation to the accounts,

(b)prepare a statement of accounts in respect of each financial year, and

(c)send copies of the statement to the Secretary of State and the Comptroller and Auditor General within such period following the end of the financial year to which it relates as the Secretary of State may specify.

(2)A statement of accounts under subsection (1) shall be in such form, and contain such information, as the Secretary of State may direct.

(3)Before specifying a period for the purposes of subsection (1)(c), or giving a direction under subsection (2), the Secretary of State must consult the Scottish Ministers.

(4)The Comptroller and Auditor General shall—

(a)examine, certify and report on the statement of accounts, and

(b)lay copies of the statement and of his report before each House of Parliament.

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