Police Act 1997 (c. 50)

(The document as of February, 2008)

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(a) shall continue to be a constable; and

(b) shall be treated for the purposes of--

(i) section 17 of this Act; and

(ii) sections 2 and 8 of the Constabulary and Police (Ireland) Act 1919,

as if he were a member of that Constabulary. " .

131 Regulations requiring use of specified facilities or services

In the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970 at the end of section 27 (regulations as to standards of equipment) (which becomes subsection (1)) there shall be added--

" (2) The Secretary of State may by regulations make provision for requiring the police force to use specified facilities or services, or facilities or services of a specified description, if he considers that it would be in the interests of the efficiency and effectiveness of the police force for it to do so.

(3) The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology.

(4) In subsection (3) "information technology" includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form. " .

132 Expenditure by Secretary of State for police purposes

After section 31 of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970 there shall be inserted--

" 31A Expenditure by Secretary of State for police purposes

The Secretary of State may--

(a) make such contribution to the provision or maintenance of such organisations, facilities and services; and

(b) make such other payments,

as he thinks necessary or expedient for promoting the efficiency and effectiveness of the police force. " .

Rehabilitation of Offenders

133 Rehabilitation of Offenders

The following provisions (which restrict the effect of the [1974 c. 53.] Rehabilitation of Offenders Act 1974 and the [S.I. 1978/1908 (N.I. 27).] Rehabilitation of Offenders (Northern Ireland) Order 1978) shall cease to have effect--

(a) section 189 of, and Schedule 14 to, the [1986 c. 60.] Financial Services Act 1986;

(b) section 95 of the [1987 c. 22.] Banking Act 1987;

(d) section 19 of the [1993 c. 39.] National Lottery etc. Act 1993;

(e) section 40 of the [1994 c. 17.] Chiropractors Act 1994.

Part VII General

134 Amendments and repeals

(1) Schedule 9 (minor and consequential amendments) shall have effect.

(2) The enactments mentioned in Schedule 10 are hereby repealed to the extent specified in the third column of that Schedule.

135 Commencement

(1) The preceding provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(2) An order under this section may--

(a) appoint different days for different purposes or different areas, and

(b) make transitional provision and savings (including provision modifying this Act).

(3) An order under this section may, in relation to Part I, II or IV make provision--

(a) for the transfer and apportionment of property and for the transfer, apportionment and creation of rights and liabilities;

(b) for the transfer of members of police forces in Great Britain, members of the Royal Ulster Constabulary and other persons;

(c) for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

(d) as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (c).

(4) Any day appointed by an order under this section for the coming into force of section 93, 94 or 95 of this Act shall not be earlier than the day on which a code of practice issued under section 101 comes into operation.

(5) A statutory instrument containing provisions made by virtue of subsection (2)(b) or (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

136 Police: co-operation on implementation

It shall be the duty of police authorities for areas in Great Britain, and the Police Authority for Northern Ireland, and their staff to co-operate with each other, and generally to exercise their functions, so as to facilitate the implementation of Parts I and II of this Act and any transfer of property or staff made by an order under section 135.

137 Extent

(1) Subject to subsections (2) to (4), this Act extends throughout the United Kingdom.

(2) The following provisions of this Act extend to England and Wales only--

(a) Part II;

(b) Part III of Schedule 1;

(c) Parts I and IV of Schedule 1, and Schedule 2, so far as they relate to the Service Authority for the National Crime Squad;

(d) Schedule 5;

(e) sections 128 and 129.

(3) Sections 130 to 132 extend to Northern Ireland only.

(4) The amendments in Schedules 6 and 9, and the repeals in Schedule 10, have the same extent as the enactments to which they refer.

138 Short title

This Act may be cited as the Police Act 1997.

SCHEDULES

Sections 1(7) and 47(7).

SCHEDULE 1 Appointment of Members of the Service Authorities

Part I Core Members

1 (1) The NCS Service Authority and the NCIS Service Authority shall have a common core membership consisting of ten members ("the core members") appointed in accordance with this Part.

2 (1) Three of the core members shall be persons appointed by the Secretary of State under this paragraph.

(2) A person shall not be appointed under this paragraph if he is--

(a) a member of a police force in Great Britain or of the Royal Ulster Constabulary,

(b) a Crown servant, or

(c) a local authority member of a police authority for an area in England and Wales, a member of a police authority for an area in Scotland or a member of the Police Authority for Northern Ireland.

(3) One of the core members appointed under this paragraph shall be appointed by the Secretary of State to be the chairman of both the NCS Service Authority and the NCIS Service Authority.

3 (1) Two of the core members shall be appointed by the chief officers of police of forces in England and Wales and the Assistant Commissioners of Police of the Metropolis ("the relevant police officers"), from among their number.

(2) The relevant police officers shall exercise their powers under sub-paragraph (1) so as to ensure that--

(a) one of the members appointed by them is the chief constable of a police force maintained under section 2 of the [1996 c. 16.] Police Act 1996 (forces in England and Wales outside London), and

(b) the other is the Commissioner or an Assistant Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London.

4 Three of the core members shall be appointed by the local authority members of police authorities for areas in England and Wales, from among their number.

5 One of the core members shall be a person (other than a member of a police force) appointed by the Secretary of State under this paragraph to represent the Secretary of State in his capacity as police authority for the metropolitan police district.

6 One of the core members shall be a Crown servant appointed by the Secretary of State under this paragraph.

Part II Additional Members of NCIS Service Authority

7 Where the NCIS Service Authority is to consist of nineteen members by virtue of section 1, then in addition to the ten core members--

(a) one of the members shall be appointed by the chief constables of police forces in Scotland, from among their number;

(b) one shall be a person holding at least the rank of deputy chief constable in the Royal Ulster Constabulary, appointed by the Chief Constable of that Constabulary;

(c) two shall be appointed by the local authority members of police authorities for areas in England and Wales, from among their number;

(d) one shall be appointed by the members of police authorities for areas in Scotland, from among their number;

(e) one shall be appointed by the members of the Police Authority for Northern Ireland, from among their number;

(f) two shall be Crown servants appointed by the Secretary of State under this paragraph; and

(g) one shall be a customs officer appointed by the Commissioners of Customs and Excise.

8 (1) Where the Authority is to consist of more than nineteen members by virtue of an order under section 1(3), then in addition to the ten core members--

(a) a prescribed number of members shall be appointed by the Secretary of State under this paragraph;

(b) a prescribed number shall be appointed by the relevant police officers, from among their number;

(c) a prescribed number of members shall be appointed by the chief constables of police forces in Scotland, from among their number;

(d) one shall be a person holding at least the rank of deputy chief constable in the Royal Ulster Constabulary, appointed by the Chief Constable of that Constabulary;

(e) a prescribed number (being not less than two) shall be appointed by the local authority members of police authorities for areas in England and Wales, from among their number;

(f) a prescribed number shall be appointed by the members of police authorities for areas in Scotland, from among their number;

(g) a prescribed number shall be appointed by the members of the Police Authority for Northern Ireland, from among their number;

(h) two shall be Crown servants appointed by the Secretary of State under this paragraph; and

(i) one shall be a customs officer appointed by the Commissioners of Customs and Excise.

(2) An order under section 1(3) shall ensure--

(a) that a majority of the members of the Authority are members appointed--

(i) by the Secretary of State (other than under sub-paragraph (1)(h) or paragraph 6),

(ii) by local authority members of police authorities for areas in England and Wales,

(iii) by members of police authorities for areas in Scotland, or

(iv) by members of the Police Authority for Northern Ireland, and

(b) that the number of members appointed by local authority members of police authorities in England and Wales is--

(i) greater than the total number appointed under sub-paragraph (1)(a) or paragraph 2,

(ii) greater than the total number appointed under sub-paragraph (1)(b), (c) or (d) or paragraph 3, and

(iii) greater than the number appointed under each of paragraphs (f) and (g) of sub-paragraph (1).

(3) Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(a), as it applies to appointments under paragraph 2.

(4) A person appointed under sub-paragraph (1)(a) shall not be so appointed to represent the Secretary of State in his capacity as police authority for the metropolitan police district.

(5) The power to make an order under section 1(3) includes power to prescribe anything which is require to be prescribed for the purposes of this paragraph.

Part III Additional Members of NCS Service Authority

9 Where the NCS Service Authority is to consist of seventeen members by virtue of section 47, then in addition to the ten core members--

(a) one member shall be appointed by the relevant police officers, from among their number; and

(b) six shall be appointed by the local authority members of police authorities for areas in England and Wales, from among their number.

10 (1) Where the Authority is to consist of more than seventeen members by virtue of an order under section 47(3), then in addition to the ten core members--

(a) a prescribed number of members shall be appointed by the Secretary of State;

(b) a prescribed number shall be appointed by the relevant police officers, from among their number; and

(c) a prescribed number (being not less than six) shall be appointed by the local authority members of police authorities for areas in England and Wales, from among their number.

(2) An order under section 47(3) shall ensure--

(a) that a majority of the members of the Authority are members appointed--

(i) by the Secretary of State (other than under paragraph 6), or

(ii) by local authority members of police authorities for areas in England and Wales, and

(b) that the number of members appointed by such local authority members of police authorities is--

(i) greater than the total number appointed under sub-paragraph (1)(a) or paragraph 2, and

(ii) greater than the total number appointed under sub-paragraph (1)(b) or paragraph 3.

(3) Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(a), as it applies to appointments under paragraph 2.

(4) A person appointed under sub-paragraph (1)(a) shall not be so appointed to represent the Secretary of State in his capacity as the police authority for the metropolitan police district.

(5) The power to make an order under section 47(3) includes power to prescribe anything which is required to be prescribed for the purposes of this paragraph.

Part IV General

Membership of more than one Service Authority by non-core members

11 (1) Nothing in this Schedule shall prevent a member of the NCS Service Authority appointed under Part III from being appointed as a member of the NCIS Service Authority under Part II.

(2) Nothing in this Schedule shall prevent a member of the NCIS Service Authority appointed under Part II from being appointed as a member of the NCS Service Authority under Part III.

Local authority members

12 Local authority members of police authorities for areas in England and Wales shall exercise--

(a) their powers to appoint members of the NCIS Service Authority under paragraphs 4, 7(c) and 8(1)(e), and

(b) their powers to appoint members of the NCS Service Authority under paragraphs 4, 9(b) and 10(1)(c),

so as to ensure that, so far as practicable, the members of the Authority appointed by them reflect the balance of parties for the time being prevailing among the local authority members of such police authorities taken as a whole.

13 The clerk to a Service Authority shall make such arrangements as he considers necessary to facilitate the appointment to the Authority, in accordance with this Schedule, of--

(a) local authority members of police authorities for areas in England and Wales, and

(b) in the case of the clerk to the NCIS Service Authority, members of police authorities for areas in Scotland and members of the Police Authority for Northern Ireland.

Interpretation

14 In this Schedule "local authority members of police authorities", in relation to areas in England and Wales, means--

(a) the members of police authorities appointed under paragraph 2 of Schedule 2 to the [1996 c. 16.] Police Act 1996 (local authority members), and

(b) the members of the Common Council of the City of London who are members of any committee appointed under section 26 of the [1839 c. xciv.] City of London Police Act 1839.

15 In this Schedule--

(a) "the relevant police officers" shall be construed in accordance with paragraph 3(1), and

(b) "customs officer" means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the [1979 c. 2.] Customs and Excise Management Act 1979.

16 For the purposes of this Schedule, the Commissioner and Assistant Commissioners of Police of the Metropolis and the Commissioner of Police for the City of London shall be treated as if they were members of the metropolitan police force and the City of London police force respectively.

Sections 1(7) and 47(7).

SCHEDULE 2 Other Provisions about Members of Service Authorities

Disqualification

1 A person shall be disqualified for being appointed as a member of a Service Authority if--

(a) he has not yet attained the age of twenty-one years, or

(b) he has attained the age of seventy years.

2 (1) A person shall be disqualified for being appointed as a member of a Service Authority if neither his principal or only place of work, nor his principal or only place of residence, has been in the relevant area during the whole of the period of twelve months ending with the day of appointment.

(2) A person shall be disqualified for being a member of a Service Authority if, at any time, neither his principal or only place of work, nor his principal or only place of residence, is within the relevant area.

(3) In this paragraph "relevant area"--

(a) in relation to appointments under Part I or III of Schedule 1, means England and Wales, and

(b) in relation to appointments under Part II of that Schedule, means the United Kingdom.

3 (1) Subject to sub-paragraphs (2) and (3), a person shall be disqualified for being appointed as or being a member of a Service Authority if--

(a) he holds any paid office or employment appointments to which are or may be made or confirmed by the Service Authority or any committee or sub-committee of the Authority, or by a joint committee on which the Authority is represented, or by any person holding any such office or employment;

(b) a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(c) he is subject to a disqualification order under the [1986 c. 46.] Company Directors Disqualification Act 1986 or Part II of the [S.I. 1989/2404 (N.I.18).] Companies (Northern Ireland) Order 1989, or to an order made under section 429(2)(b) of the [1986 c. 45.] Insolvency Act 1986 (failure to pay under county court administration order); or

(d) he has within five years before the date of his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months.

(2) Where a person is disqualified under sub-paragraph (1)(b) by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease--

(a) unless the bankruptcy order is previously annulled or the sequestration of his estate is recalled or reduced, on his obtaining a discharge, and

(b) if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.

(3) Where a person is disqualified under sub-paragraph (1)(b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed, and in any other case it shall cease at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.

(4) For the purposes of sub-paragraph (1)(d), the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.

Tenure of office

4 Subject to the following paragraphs (and to the provisions of any order under section 1(3) or 47(3)) a person shall hold and vacate office as a member of a Service Authority in accordance with the terms of his appointment.

5 A person shall be appointed to hold office as a member for--

(a) a term of four years or a term expiring on his attaining the age of seventy years, whichever is the shorter, or

(b) such shorter term as the person or persons appointing him may determine in any particular case.

6 (1) A person may at any time--

(a) resign his office as chairman or as a core member by notice in writing to both of the Service Authorities, or

(b) resign his office as a member of a Service Authority appointed under Part II or III of Schedule 1 by notice in writing to that Service Authority.

(2) Where a member resigns his office as a member or as chairman under sub-paragraph (1), he shall send a copy of the notice--

(a) to the Secretary of State, and

(b) if he was appointed under paragraph 7(g) or 8(1)(i) of Schedule 1, to the Commissioners of Customs and Excise.

7 (1) A member of a police authority appointed to be a member of a Service Authority under paragraph 4, 7(c), (d) or (e), 8(1)(e), (f) or (g), 9(b) or 10(1)(c), of Schedule 1 shall cease to be a member of the Service Authority if he ceases to be a member of the police authority eligible for appointment under the paragraph concerned (unless re-elected or re-appointed on the same day).

(2) A member of a Service Authority appointed other than as mentioned in sub-paragraph (1) shall cease to be a member if he becomes a member of a police authority for an area in Great Britain, or of the Police Authority for Northern Ireland, eligible for appointment under one of the paragraphs mentioned in sub-paragraph (1).

(3) A Crown servant appointed to be a member of a Service Authority under paragraph 6, 7(f) or 8(1)(h) of Schedule 1 shall cease to be a member of the Service Authority if he ceases to be a Crown servant.

(4) A person appointed to be a member of a Service Authority in accordance with paragraph 3, 7(a) or (b), 8(1)(b), (c) or (d), 9(a) or 10(1)(b) of Schedule 1 (appointment of senior police officers) shall cease to be a member of the Service Authority if he ceases to be a person eligible for appointment under the paragraph concerned.

(5) A person appointed to be a member of the NCIS Service Authority under paragraph 7(g) or 8(1)(i) of Schedule 1 shall cease to be a member if he ceases to be a customs officer within the meaning of paragraph 15 of that Schedule.

8 (1) Subject to sub-paragraph (3), a member of a Service Authority may be removed from office as such a member or as chairman by the authorised person, by notice in writing, if--

(a) he has been absent from meetings of the Service Authority for a period longer than four consecutive months without the consent of the Authority,

(b) he has been convicted of a criminal offence (but is not disqualified for being a member under paragraph 3),

(d) the authorised person is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

(2) For the purposes of sub-paragraph (1) "the authorised person", in relation to a member of a Service Authority, means--

(a) the Service Authority, or

(b) the person or persons who would be required to appoint his successor.

(3) A Service Authority shall not, under sub-paragraph (1), remove its chairman from office as chairman or as a member of the Service Authority.

(4) Where a Service Authority removes a member under sub-paragraph (1), it shall give notice of that fact--

(a) to the person or persons who are required to appoint his successor, and

(b) if the member was appointed under Part I of Schedule 1, to the other Service Authority.

(5) Where a member of a Service Authority is removed under sub-paragraph (1) by the person mentioned in sub-paragraph (2)(b), that person shall give notice of that fact--

(a) to the Service Authority, and

(b) if he is a member appointed under Part I of Schedule 1 and is not also removed from the other Service Authority, to that other Authority.

9 (1) A member of a Service Authority appointed under paragraph 4, 7(c), 8(1)(e), 9(b) or 10(1)(c) of Schedule 1 may be removed from office by the persons responsible for appointing his successor if those persons consider that his removal, and the appointment of another person in his place, would further the object provided for by paragraph 12 of that Schedule.

(2) Persons who remove a member under this paragraph shall--

(a) if the member was a core member, give notice to both Service Authorities, and

(b) in any other case, give notice to the Service Authority of which he was a member.

10 Where a core member appointed under Part I of Schedule 1 is removed from a Service Authority under paragraph 8 or 9, he shall cease to be a member of the other Service Authority.

Chairman

11 (1) On being notified of a casual vacancy occurring in the office of chairman of the Service Authorities, the Secretary of State--

(a) shall take such steps as are reasonably practicable to fill the vacancy, and

(b) shall appoint a core member appointed under paragraph 2 of Schedule 1 to be the temporary chairman of the Service Authorities.

(2) A temporary chairman appointed in accordance with this paragraph--

(a) shall not continue in office as chairman for a period exceeding six months, and

(b) shall cease to hold that office on the appointment, by the Secretary of State, of a person to the office of chairman.

Eligibility for re-appointment

12 A person who ceases to be a member or to be chairman, otherwise than by virtue of paragraph 8(1)(a), (b) or (d), may (if otherwise eligible) be re-appointed.

Eligibility to vote

13 A member of a Service Authority appointed under paragraph 3, 7(a) or (b), 8(1)(b), (c) or (d), 9(a) or 10(1)(b) of Schedule 1 (appointment of senior police officers) shall not be entitled to vote on any decision taken by the Authority--

(a) on a motion of censure of the Director General or of any other member of NCIS or, as the case may be, the National Crime Squad (other than a member appointed by the Director General by virtue of section 9(8) or 55(8)), including any motion on disciplinary action to be taken against him, or

(b) relating to the exercise by the Authority of its power under section 7 or, as the case may be, 53 to require the Director General, or any other member, to resign in the interests of efficiency or effectiveness.

14 A member of a Service Authority appointed under paragraph 6, 7(f) or 8(1)(h) of Schedule 1 shall not be entitled to vote at any meeting of the Service Authority, or of any committee of that Authority.

Validity of acts

15 The acts and proceedings of any person appointed to be a member or chairman of a Service Authority and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

16 The proceedings of a Service Authority shall not be invalidated by a vacancy in the membership of the Authority or in the office of chairman or by any defect in the appointment of a person as a member or as chairman.

Allowances

17 (1) Subject to sub-paragraph (2), a Service Authority may make to its chairman and other members such payments by way of reimbursement of expenses and allowances as the Secretary of State may determine.

(2) No payments by way of allowances shall be made under sub-paragraph (1) to a member of a Service Authority appointed under paragraph 3, 6, 7(a), (b), (f) or (g), 8(1)(b), (c), (d), (h) or (i), 9(a) or 10(1)(b) of Schedule 1.

(3) Payments made under sub-paragraph (1) may differ according to whether the recipient is the chairman, a core member or another member.

Co-opted Members

18 (1) Paragraphs 1 to 3 apply to a person co-opted as a member of a Service Authority as they apply to a person appointed as such a member.

(2) Except as provided by sub-paragraph (1), the preceding paragraphs of this Schedule do not apply to a person co-opted as a member of a Service Authority.

(3) A customs officer (within the meaning of paragraph 15 of Schedule 1) shall be disqualified for being co-opted as a member of the NCS Service Authority; and a person shall cease to be a co-opted member of that Authority if he becomes a customs officer.

(4) A person co-opted as a member of a Service Authority shall be co-opted to serve as such a member for a term not exceeding twelve months, but may (if otherwise eligible) again be co-opted.

(5) A person co-opted as a member of a Service Authority shall not be entitled to vote at any meeting of the Authority, or of any committee of that Authority.

(6) A Service Authority may make to a person co-opted to serve as a member of the Authority such payments by way of reimbursement of expenses as the Secretary of State may determine.

Interpretation

19 For the purposes of this Schedule--

(a) "Service Authority" means--

(i) the NCS Service Authority, or

(ii) the NCIS Service Authority, and

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