Police Act 1997 (c. 50)

(The document as of February, 2008)

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(7) If it appears to the Secretary of State that any party should enter an agreement to which subsection (1), (4) or (6) applies, the Secretary of State may, after considering any representations made by the party concerned, direct the party to enter into such an agreement under those provisions as may be specified in the direction.

(8) The provisions of this section shall not prejudice the power of the NCIS Service Authority, any police authority, the Police Authority for Northern Ireland or the NCS Service Authority to act jointly, or co-operate in any other way, with any person where to do so is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

23 Aid by and for NCIS

(1) The Director General of NCIS may, on the application of--

(a) the chief officer of police of a police force in England and Wales,

(b) the chief constable of a police force in Scotland,

(d) the Director General of the National Crime Squad,

provide constables or other assistance for the purposes of enabling the police force or the Royal Ulster Constabulary or, as the case may, the National Crime Squad to meet any special demand on its resources.

(2) On the application of the Director General of NCIS--

(a) the chief officer of police of a police force in England and Wales,

(b) the chief constable of a police force in Scotland,

(d) the Director General of the National Crime Squad,

may provide constables or other assistance for the purposes of enabling NCIS to meet any special demand on its resources.

(3) If it appears to the Secretary of State--

(a) that it is expedient in the interests of public safety or order that a police force, the Royal Ulster Constabulary, the National Crime Squad or NCIS should be reinforced or should receive other assistance for the purpose of enabling it to meet any special demand on its resources, and

(b) that satisfactory arrangements under subsection (1) or (2) cannot be made, or cannot be made in time,

he may direct the Director General of NCIS, the chief officer of police of any police force in England and Wales, the chief constable of any police force in Scotland, the chief constable of the Royal Ulster Constabulary or the Director General of the National Crime Squad to provide such constables or other assistance for that purpose as may be specified in the direction.

(4) While a constable is provided under this section for the assistance of a police force, the Royal Ulster Constabulary or the National Crime Squad he shall, notwithstanding section 10(1), be under the direction and control of the chief officer of that force or, as the case may be, the chief constable of that force or Constabulary or the Director General of that Squad.

(5) While a constable is provided under this section for the assistance of NCIS he shall, notwithstanding section 56(1) below, section 10(1) of the [1996 c. 16.] Police Act 1996, section 17(2) of the [1967 c. 77.] Police (Scotland) Act 1967 or section 6(2) of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970, be under the direction and control of the Director General of NCIS.

(6) For the purposes of this section "constable", in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

24 Provision of special services

The Director General of NCIS may, at the request of any person, provide services at any premises or in any locality in the United Kingdom, if those services are consistent with the functions of, and do not prejudice the efficiency or effectiveness of, NCIS.

Central supervision and direction

25 General duty of Secretary of State

The Secretary of State shall exercise his powers under this Part in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of NCIS.

26 Setting of objectives

(1) The Secretary of State may by order determine objectives for NCIS.

(2) Before making an order under this section, the Secretary of State shall consult--

(a) the NCIS Service Authority,

(b) the Director General of NCIS,

(c) persons whom the Secretary of State considers to represent the interests of the authorities who between them maintain the police forces in Great Britain and the Royal Ulster Constabulary,

(d) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales, the chief constables of police forces in Scotland and the Chief Constable of the Royal Ulster Constabulary,

(e) the NCS Service Authority,

(f) the Director General of the National Crime Squad, and

(g) the Commissioners of Customs and Excise.

(3) A statutory instrument containing an order under this section shall be laid before Parliament after being made.

27 Setting of performance targets

(1) Where an objective has been determined under section 26, the Secretary of State may direct the NCIS Service Authority to establish levels of performance ("performance targets") to be aimed at in seeking to achieve the objective.

(2) A direction given under this section may impose conditions with which the performance targets must conform.

(3) The Secretary of State shall arrange for any direction given under this section to be published in such manner as appears to him to be appropriate.

28 Codes of practice

(1) The Secretary of State may issue codes of practice relating to the discharge by the NCIS Service Authority of its functions.

(2) The Secretary of State may from time to time revise the whole or part of any code of practice issued under this section.

(3) The Secretary of State shall lay before Parliament a copy of any code of practice, and of any revision of a code of practice, issued by him under this section.

29 Removal of Director General etc

(1) The Secretary of State may require the NCIS Service Authority to exercise its power under section 7 to call upon the Director General of NCIS, or any other member (other than a member appointed by the Director General by virtue of section 9(8)), to retire in the interests of efficiency or effectiveness.

(2) Before--

(a) exercising any power conferred on him by subsection (1), or

(b) approving the exercise by the NCIS Service Authority of its power under section 7,

the Secretary of State shall give the person in relation to whom it is proposed to exercise the power (the "relevant person") an opportunity to make representations to him and shall consider any representations so made.

(3) Where representations are made under this section, the Secretary of State may, and in a case where he proposes to exercise a power conferred by subsection (1) shall, appoint one or more persons to hold an inquiry and report to him.

(4) The Secretary of State shall take account of any report made under subsection (3).

(5) The person appointed under subsection (3) (or, in a case where more than one person is so appointed, at least one of the persons so appointed) shall not be an officer of police, of a Government department, of NCIS or of the National Crime Squad.

(6) The costs incurred by a relevant person in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the NCIS service fund.

30 Power to give directions after adverse report

(1) The Secretary of State may at any time--

(a) require the inspectors of constabulary appointed under section 54 of the [1996 c. 16.] Police Act 1996 to carry out an inspection of NCIS under that section,

(b) require the inspectors of constabulary appointed under section 33 of the [1967 c. 77.] Police (Scotland) Act 1967 to carry out an inspection of NCIS under that section, or

(c) require the inspectors of constabulary appointed under section 16 of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970 to carry out an inspection of NCIS under that section.

(2) Where a report made to the Secretary of State on an inspection carried out in accordance with this section states--

(a) that, in the opinion of the person making the report, NCIS is not efficient or not effective, or

(b) that in his opinion, unless remedial measures are taken, NCIS will cease to be efficient or will cease to be effective,

the Secretary of State may direct the NCIS Service Authority to take such measures as may be specified in the direction.

31 Reports from NCIS Service Authority

(1) The Secretary of State may require the NCIS Service Authority to submit to him a report on such matters connected with the discharge of the Authority's functions, or otherwise with the activities of NCIS, as may be specified in the requirement.

(2) A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.

(3) The Secretary of State may arrange, or require the Authority to arrange, for a report under this section to be published in such manner as appears to him to be appropriate.

32 Reports from Director General

(1) The Secretary of State may require the Director General of NCIS to submit to him a report on such matters connected with the activities of NCIS as may be specified in the requirement.

(2) A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.

(3) The Secretary of State may arrange, or require the Director General to arrange, for a report under this section to be published in such manner as appears to the Secretary of State to be appropriate.

(4) The Director General shall, as soon as possible after the end of each financial year, submit to the Secretary of State the like report as is required by section 11 to be submitted to the NCIS Service Authority.

33 Criminal statistics

(1) The Director General of NCIS shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime as the Secretary of State may require.

(2) The Secretary of State shall cause a consolidated and classified abstract of the information transmitted to him under this section to be prepared and laid before Parliament.

34 Inquiries

(1) The Secretary of State may cause an inquiry to be held by a person appointed by him into any matter connected with NCIS.

(2) An inquiry under this section shall be held in public or in private as the Secretary of State may direct.

(3) For the purposes of an inquiry under this section, the person appointed to hold the inquiry may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths.

(4) No person shall be required, in obedience to a summons under subsection (3), to attend to give evidence or to produce any documents, unless the necessary expenses of his attendance are paid or tendered to him.

(5) Nothing in subsection (3) shall empower a person holding an inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of the NCIS Service Authority.

(6) Every person who refuses or deliberately fails to attend in obedience to a summons issued under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding six months, or to both.

(7) Where the report of the person holding an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Secretary of State so far as appears to him consistent with the public interest.

(8) The Secretary of State may direct that the whole or part of the costs (or, in relation to any inquiry held in Scotland, the expenses) incurred by any person for the purposes of an inquiry held under this section shall be defrayed out of the NCIS service fund; and any costs (or expenses) payable under this section shall be subject to taxation in such manner as the Secretary of State may direct.

35 Regulations as to standard of equipment

The Secretary of State may make regulations requiring equipment provided or used for the purposes of NCIS to satisfy such requirements as to design and performance as may be prescribed in the regulations.

36 Common services

(1) The Secretary of State may, by regulations, make provision for requiring NCIS and--

(a) all police forces in England and Wales, or

(b) all police forces in Scotland, or

(d) the National Crime Squad,

to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under section 57(1) of the [1996 c. 16.] Police Act 1996 or section 36 of the [1967 c. 77.] Police (Scotland) Act 1967) if he considers that it would be in the interests of efficiency or effectiveness for them to do so.

(2) Before making regulations under this section the Secretary of State shall consult the NCIS Service Authority and the Director General of NCIS and--

(a) where the regulations relate to police forces in England and Wales, persons whom the Secretary of State considers to represent the interests of police authorities for areas in England and Wales and persons whom he considers to represent the interests of chief officers of police of police forces there,

(b) where the regulations relate to police forces in Scotland, persons whom the Secretary of State considers to represent the interests of police authorities for areas in Scotland and persons whom he considers to represent the interests of chief constables of police forces there,

(c) where the regulations relate to the Royal Ulster Constabulary, the Police Authority for Northern Ireland and the Chief Constable of the Royal Ulster Constabulary, and

(d) where the regulations relate to the National Crime Squad, the NCS Service Authority and the Director General of the National Crime Squad.

Discipline and complaints

37 Discipline regulations

(1) The Secretary of State may make regulations relating to the conduct of members of NCIS and the maintenance of discipline in NCIS.

(2) In relation to any matter as to which provision may be made by regulations under this section, the regulations may--

(a) authorise or require provision to be made by, or confer discretionary powers on, the NCIS Service Authority, the Director General of NCIS or other persons, or

(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.

(3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

38 Appeals

(1) Where the Director General of NCIS, or a police member to whom section 9(2)(a) applies, is dismissed or required to resign by a decision taken under or by virtue of regulations made under section 37, he may appeal to an appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to an appeals tribunal from any decision of that other person as a result of which he is dismissed or required to resign.

(2) The Secretary of State shall, by order, make provision in relation to appeals tribunals and appeals under subsection (1) corresponding (with or without modification) to that which is or may be made in relation to police appeals tribunals and appeals under section 85(1) of the [1996 c. 16.] Police Act 1996 by, or by virtue of, section 85(2) to (4) of and Schedule 6 to that Act.

(3) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

39 Complaints

(1) The Secretary of State shall, by regulations, make provision for the handling of any complaint about the conduct of any member of NCIS which is submitted by, or on behalf of, a member of the public.

(2) Regulations under subsection (1) shall, so far as the Secretary of State thinks it desirable, make provision--

(a) for the procedures for the handling of complaints relating to anything done or omitted to be done by a person in Scotland to be procedures corresponding or similar to those established by or by virtue of sections 40 and 40A of the [1967 c. 77.] Police (Scotland) Act 1967;

(b) for the procedures for the handling of complaints relating to anything done or omitted to be done by a person in Northern Ireland to be procedures corresponding or similar to those established by or by virtue of the [S.I. 1995/2993 (N.I.17).] Police (Amendment) (Northern Ireland) Order 1995, and for that purpose the regulations may confer additional functions on the Independent Commission for Police Complaints for Northern Ireland;

(c) for the procedures for the handling of any other complaint to be procedures corresponding or similar to those established by or by virtue of Chapter I of Part IV of the [1996 c. 16.] Police Act 1996 (police complaints), and for that purpose the regulations may confer additional functions on the Police Complaints Authority.

(3) The Secretary of State may issue guidance to persons on whom functions are conferred by regulations under this section concerning the performance of their functions under those regulations, and they shall have regard to any such guidance in the performance of those functions.

(4) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

40 Information as to the manner of dealing with complaints etc

The NCIS Service Authority in carrying out its duty under section 3(1), and inspectors of constabulary appointed under section 54 of the Police Act 1996, section 33 of the Police (Scotland) Act 1967 or section 16 of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970 in carrying out their duties with respect to the efficiency and effectiveness of NCIS, shall keep themselves informed as to the operation of procedures established under section 39.

Miscellaneous

41 Arrangements for consultation

(1) The NCIS Service Authority shall, after consulting the Director General of NCIS, make arrangements for obtaining the views of--

(a) the authorities who between them maintain the police forces in Great Britain and the Royal Ulster Constabulary,

(b) the NCS Service Authority,

(d) such other persons or bodies as the NCIS Service Authority considers appropriate,

about the Authority and NCIS.

(2) The Director General of NCIS shall, after consulting the Authority, make arrangements for obtaining the views of--

(a) the chief officers of police of police forces in England and Wales,

(b) the chief constables of police forces in Scotland,

(d) the Director General of the National Crime Squad,

(e) the Commissioners of Customs and Excise, and

(f) such other persons or bodies as the Director General of NCIS considers appropriate,

about NCIS.

(3) Arrangements made under subsection (1) or (2) shall be reviewed from time to time.

(4) If it appears to the Secretary of State that arrangements made for consultation by the NCIS Service Authority or the Director General under this section are not adequate for the purposes set out in subsection (1) or (2), he may require the Authority or Director General whose duty it is to make the arrangements to submit a report to him concerning the arrangements.

(5) After considering a report submitted under subsection (4), the Secretary of State may require the Authority or Director General who submitted it to review the arrangements and submit a further report to him concerning them.

(6) The Authority or Director General shall be under the same duties to consult when reviewing arrangements as when making them.

42 Liability for wrongful acts of constables etc

(1) The Director General of NCIS shall be liable in respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.

(2) There shall be paid out of the NCIS service fund--

(a) any damages or costs awarded against the Director General in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings, and

(b) any sum required in connection with the settlement of any claim made against the Director General by virtue of this section, if the settlement is approved by the NCIS Service Authority.

(3) Any proceedings in respect of a claim made by virtue of this section shall be brought against the Director General of NCIS for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the Director General; and references in this section to the Director General shall be construed accordingly.

(4) The NCIS Service Authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the NCIS service fund--

(a) any damages or costs awarded against a person to whom this subsection applies in proceedings for a tort committed by that person,

(b) any costs incurred and not recovered by such a person in such proceedings, and

(5) Subsection (4) applies to a person who is--

(a) a member of NCIS, or

(b) a constable for the time being required to serve with NCIS by virtue of section 23.

(6) In relation to Scotland--

(a) subsection (1) shall not apply but--

(i) the Director General of NCIS shall be liable in reparation in respect of any wrongful act or omission on the part of any constable under his direction and control in the performance or purported performance of his functions in the like manner as a master is so liable in respect of any wrongful act or omission on the part of his servant in the course of the servant's employment, and

(ii) subsection (4)(a) shall apply as if the reference to proceedings for a tort committed by a person were a reference to proceedings for a wrongful act or omission on the part of that person, and

(b) any reference in subsection (2) or (4) to costs shall be construed as a reference to expenses.

43 Causing disaffection

Any person who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of NCIS within section 9(1)(a) or (b), or induces or attempts to induce, or does any act calculated to induce, any such member to withhold his services, shall be guilty of an offence and liable--

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

44 Orders governing NCIS Service Authority

(1) The Secretary of State may by order make provision (including provision as regards Scotland and Northern Ireland) in relation to the NCIS Service Authority about matters of the kind dealt with in the enactments listed in Schedule 4 (which lists enactments which make provision about police authorities established under section 3 of the [1996 c. 16.] Police Act 1996).

(2) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

General

45 Orders and regulations

Any power of the Secretary of State to make orders or regulations under this Part shall be exercisable by statutory instrument.

46 Interpretation of Part I

In this Part--

"financial year" means the twelve months ending with 31st March;
"NCIS" has the meaning given in section 2;
"NCIS Service Authority" has the meaning given in section 1(1);
"NCIS service fund" means the fund established under section 16;
"NCS Service Authority" means the Service Authority for the National Crime Squad.

Part II The National Crime Squad

The Service Authority

47 The Service Authority for the National Crime Squad

(1) There shall be a body corporate to be known as the Service Authority for the National Crime Squad (in this Part referred to as "the NCS Service Authority").

(2) Subject to the following provisions of this section, the NCS Service Authority shall consist of seventeen members.

(3) The Secretary of State may by order provide that the number of its members shall be a specified odd number greater than seventeen.

(4) Before making an order under subsection (3), the Secretary of State shall consult--

(a) the NCS Service Authority (if it is then in existence),

(b) persons whom he considers to represent the interests of police authorities for areas in England and Wales, and

(c) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales.

(5) A statutory instrument containing an order under subsection (3) shall be laid before Parliament after being made.

(6) The NCS Service Authority may co-opt such additional members as it thinks fit.

(7) Parts I, III and IV of Schedule 1 and Schedule 2 shall have effect in relation to the NCS Service Authority.

Functions

48 General functions of the NCS Service Authority and the National Crime Squad

(1) The NCS Service Authority shall maintain a body to be known as the National Crime Squad.

(2) The function of the National Crime Squad shall be to prevent and detect serious crime which is of relevance to more than one police area in England and Wales.

(3) The National Crime Squad may also--

(a) at the request of a chief officer of police of a police force in England and Wales, act in support of the activities of his force in the prevention and detection of serious crime;

(b) at the request of the Director General of NCIS, act in support of the activities of NCIS;

(d) co-operate with other police forces in the United Kingdom in the prevention and detection of serious crime;

(e) act in support of other law enforcement agencies in the prevention and detection of serious crime.

(4) For the purposes of subsection (3), "law enforcement agency" includes--

(a) any government department,

(b) the States of Jersey Police Force, the salaried police force of the Island of Guernsey and the Isle of Man Constabulary,

(d) any other person engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the NCS Service Authority, the National Crime Squad, a police authority, a police force, the NCIS Service Authority or NCIS.

(5) In discharging its functions, the NCS Service Authority shall have regard to--

(a) any objectives determined by the Secretary of State under section 71,

(b) any objectives determined by the Authority under section 49,

(c) any performance targets established by the Authority, whether in compliance with a direction under section 72 or otherwise, and

(d) any service plan issued by the Authority under section 50.

(6) In discharging any function to which a code of practice issued under section 73 relates, the NCS Service Authority shall have regard to the code.

(7) The NCS Service Authority shall comply with any direction given to it by the Secretary of State under section 72 or 75 or under Schedule 5.

49 Objectives

(1) The NCS Service Authority shall secure that the National Crime Squad is efficient and effective.

(2) The NCS Service Authority shall, before the beginning of each financial year, determine objectives for that year for the National Crime Squad.

(3) Objectives determined under this section may relate to matters to which objectives determined under section 71 also relate, or to other matters, but in any event shall be so framed as to be consistent with the objectives determined under that section.

(4) Before determining objectives under this section, the NCS Service Authority shall consult--

(a) the Director General of the National Crime Squad,

(b) the NCIS Service Authority, and

50 Service plans

(1) The NCS Service Authority shall, before the beginning of each financial year, issue a plan setting out the proposed arrangements for the carrying out by the National Crime Squad of its functions during the year ("the service plan").

(2) The service plan shall include a statement of the Authority's priorities for the year, of the financial resources expected to be available and of the proposed allocation of those resources, and shall give particulars of--

(a) any objectives determined by the Secretary of State under section 71,

(b) any objectives determined by the Authority under section 49, and

(c) any performance targets established by the Authority, whether in compliance with a direction under section 72 or otherwise.

(3) A draft of the service plan shall be prepared by the Director General of the National Crime Squad and submitted by him to the Authority for it to consider.

(4) Before issuing a service plan which differs from the draft submitted by the Director General under subsection (3), the Authority shall consult the Director General.

(5) The Authority shall arrange for every service plan issued by it under this section to be published in such manner as appears to it to be appropriate, and shall send a copy of the plan to--

(a) the Secretary of State,

(b) each police authority for an area in England and Wales,

(d) the NCIS Service Authority, and

(e) the Director General of NCIS.

51 Annual reports

(1) The NCS Service Authority shall, as soon as possible after the end of each financial year, issue a report on the carrying out of its functions during that year.

(2) A report issued under this section for any year shall include an assessment of the extent to which the service plan for that year issued under section 50 has been carried out.

(3) The NCS Service Authority shall arrange for every report issued by it under this section to be published in such manner as appears to it to be appropriate, and shall send a copy of the report to--

(a) the Secretary of State,

(b) each police authority for an area in England and Wales,

(d) the NCIS Service Authority, and

(e) the Director General of NCIS.

Director General and other members

52 Appointment of Director General

(1) The National Crime Squad shall have a Director General appointed by the NCS Service Authority on such terms and conditions as the Authority considers appropriate.

(2) The Director General shall be chosen by a panel of members of the Authority from a list of persons eligible for appointment which has been prepared by that panel and approved by the Secretary of State.

(3) A person is eligible for appointment as Director General for the purposes of subsection (2) if--

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

(b) he is the Commissioner, an Assistant Commissioner or a Deputy Assistant Commissioner of Police of the Metropolis,

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