Police Act 1997

9 Members of NCIS

(1) NCIS shall consist of—

(a) the Director General of NCIS appointed under section 6,

(b) persons appointed by the NCIS Service Authority under this paragraph as police members of NCIS, and

(c) other persons appointed by the NCIS Service Authority under this paragraph to be members of NCIS as employees of the Authority.

(2) A person shall be appointed as a police member of NCIS only if—

(a) he is appointed to the rank of assistant chief constable in NCIS and he met the requirements of subsection (3) immediately prior to his being appointed, or

(b) he is engaged with NCIS on a period of temporary service to which section 97 of the [1996 c. 16.] Police Act 1996, section 38A of the [1967 c. 77.] Police (Scotland) Act 1967 or section 21 of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970 applies.

(3) A person meets the requirements of this subsection if—

(a) he holds the rank of assistant chief constable or a higher rank in a police force in Great Britain or in the Royal Ulster Constabulary,

(b) he holds the rank of commander or a higher rank in the metropolitan police force or in the City of London police force, or

(c) he is, in accordance with regulations under section 50 of the Police Act 1996, section 26 of the Police (Scotland) Act 1967 or section 25 of the Police Act (Northern Ireland) 1970, a constable eligible for appointment to the rank of assistant chief constable or commander in any of the police forces, or in the Constabulary, mentioned in paragraph (a) or (b).

(4) Subsections (5), (6) and (8) of section 6 apply to a police member to whom subsection (2)(a) above applies as they apply to the Director General of NCIS.

(5) A person appointed under subsection (1)(b) or (c) shall be appointed on such terms and conditions as the NCIS Service Authority considers appropriate.

(6) Before making an appointment under subsection (1)(b) or (c), or determining the terms and conditions on which such an appointment is to be made, the NCIS Service Authority shall consult the Director General of NCIS.

(7) A police member to whom subsection (2)(b) applies shall cease to be a member of NCIS at the end of his period of temporary service (unless re-appointed under this section).

(8) Where an order under section 44 authorises the NCIS Service Authority to make arrangements for the discharge of its functions by the Director General of NCIS, the Authority shall exercise its powers under that order so as to secure that, subject to subsection (9) below, the Director General appoints persons under subsection (1)(b) or (c) to be members of NCIS.

(9) Subsection (8) shall not apply to—

(a) the appointment of any person to whom subsection (2)(a) applies as a police member, or

(b) the appointment of such other persons as may be agreed between the Director General and the Authority or, in the absence of agreement, as may be determined by the Secretary of State.

(10) Section 7 applies to a member appointed under this section, other than a member appointed by the Director General by virtue of subsection (8) above, as it applies to the Director General.