Extent Information
E1Pt. V (ss. 104-128) extended to UK so far as relating to the National Criminal and Intelligence Service, see s. 138(6)(d) as enacted; by Serious Organised Crime and Police Act 2005 c. 15, ss. 59, 174(2), Sch. 4 para. 167, { Sch. 17 Pt. 2} and The Serious Organised Crime and Police Act 2005 (Commencement No. 5 and Transitional and Transitory Provisions and Savings) Order 2006 (S.I. 2006/378), art. 4(1), Sch. paras. 10, 13(ll), the said s. 138(6)(d) was repealed (1.4.2006)
(1)In section 74 of the 1997 Act (removal of Director General at direction of Secretary of State), for subsections (1) to (3) there shall be substituted—
“(1)Without prejudice to section 66 or to any regulations under section 81 or under the Police Pensions Act 1976 (c. 35), the Secretary of State may—
(a)call upon the Director General of the National Crime Squad to retire in the interests of efficiency or effectiveness, or
(b)require the NCS Service Authority to exercise its power under section 55A to call upon a member of the National Crime Squad (other than a member to which subsection (2) of that section applies) to retire in the interests of efficiency or effectiveness.
(2)Before exercising his powers under subsection (1)(a) in relation to the Director General, or under subsection (1)(b) in relation to any other member, the Secretary of State shall—
(a)give the person concerned an opportunity to make representations, and
(b)consider any representations that he makes.
(3)Where representations are made under subsection (2), the Secretary of State may, and in a case where he proposes to exercise his power under subsection (1)(a) or (b) shall, appoint one or more persons to hold an inquiry and report to him.”
(2)After subsection (6) of that section there shall be inserted—
“(7)A Director General who is called upon to retire under subsection (1)(a) shall retire on such date as the Secretary of State may specify or on such earlier date as may be agreed between the Director General and the Secretary of State.”