After section 9 of the 1997 Act (members of NCIS) there shall be inserted—
(1)Without prejudice to section 21 or to any regulations under section 37 or under the Police Pensions Act 1976 (c. 35), the NCIS Service Authority, acting with the approval of the Secretary of State, may call upon a member of NCIS appointed under section 9 to retire in the interests of efficiency or effectiveness.
(2)Subsection (1) does not apply to any member of NCIS appointed by the Director General by virtue of section 9(8).
(3)Before seeking the approval of the Secretary of State for the purposes of subsection (1), the Authority shall give the member concerned an opportunity to make representations and shall consider any representations that he makes.
(4)Before giving an approval for the purposes of subsection (1), the Secretary of State shall consult the Scottish Ministers.
(5)A member who is called upon to retire under subsection (1) shall retire on such date as the Authority may specify or on such earlier date as may be agreed between him and the Authority.”