Police Act 1997 (c. 50)

(The document as of February, 2008)

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(ii) the NCIS Service Authority, and

(b) "core member" means a member appointed under Part I of Schedule 1.

Section 17(6).

SCHEDULE 3 Levies Issued by NCIS Service Authority

Decisions of Service Authority

1 (1) Where an order under section 17 requires the NCIS Service Authority to determine the total amount of the levies which it proposes to issue under that section for any financial year, that determination shall not be made except by a decision which--

(a) is made only by independent members and police authority members of the NCIS Service Authority, and

(b) complies with sub-paragraphs (2) and (3).

(2) A decision complies with this sub-paragraph only if a majority of the members making the decision (whether or not approving it) are police authority members of the Authority.

(3) A decision complies with this sub-paragraph only if the members approving it include more than half of the independent members and more than half of the police authority members of the Authority at the time of the decision.

(4) Before making such a determination as is mentioned in sub-paragraph (1) in respect of any financial year, the independent members and police authority members of the Authority shall take account of--

(a) the expenditure which the Director General of NCIS estimates will be incurred in connection with NCIS in the year,

(b) any income which it is estimated will be received by way of charges imposed by the Authority under section 19, or otherwise, in the year,

(c) the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,

(d) the current and proposed level of borrowing of the Authority,

(e) the views of all members of the Authority, and

(f) such other matters as may be prescribed.

(5) In this paragraph "independent members" means members of the Authority appointed by the Secretary of State under paragraph 2 or 8(1)(a) of Schedule 1.

(6) In this paragraph "police authority members" means members appointed--

(a) by the local authority members of police authorities for areas in England and Wales (as defined by paragraph 14 of Schedule 1), or

(b) by the Secretary of State under paragraph 5 of that Schedule.

Approval by Secretary of State

2 (1) Subject to paragraph 3, a levy shall not be issued by the NCIS Service Authority under section 17 in respect of a financial year, unless the Secretary of State has notified the Authority in writing that he approves the total amount of the levies the Authority proposes to issue for that year.

(2) Where the Secretary of State gives an approval under sub-paragraph (1), levies shall not be issued by the Authority in respect of the financial year concerned in excess of the amount so approved.

(3) Before deciding whether to give an approval under sub-paragraph (1), the Secretary of State shall consult--

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

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

(4) The Secretary of State shall give a copy of any notice sent to the NCIS Service Authority under sub-paragraph (1) to--

(a) each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(b) the Receiver for the Metropolitan Police District.

Directions

3 (1) Where the Secretary of State does not approve, under paragraph 2, the total amount of the levies the NCIS Service Authority proposes to issue for a financial year--

(a) he shall notify the Authority of his decision, and

(b) he may direct the Authority to issue such levies under section 17 for that year as he considers appropriate.

(2) Where the NCIS Service Authority does not, within the prescribed period, make a determination of the total amount of levies it proposes to issue under section 17 in respect of a financial year, the Secretary of State may direct the Authority to issue, under that section, such levies as he considers appropriate.

(3) The NCIS Service Authority shall provide the Secretary of State with such information as he may require to enable him to give a direction under this paragraph.

(4) Before giving a direction under this paragraph, the Secretary of State may take into account any matter he considers relevant.

(5) A direction under this paragraph shall be in writing.

(6) The Secretary of State shall send a copy of any direction under this paragraph to--

(a) each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(b) the Receiver for the Metropolitan Police District.

Notices

4 (1) The NCIS Service Authority shall, within the prescribed period, give notice of any levy to be issued under section 17 to--

(a) the Secretary of State,

(b) each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(2) A notice under this paragraph shall contain such information as may be prescribed.

Interpretation

5 In this Schedule "prescribed" means prescribed by an order under section 17.

Section 44(1).

SCHEDULE 4 Subject-Matter of Orders About NCIS Service Authority

The enactments referred to in section 44 are--

(a) in the [1972 c. 70.] Local Government Act 1972--

(i) sections 94 to 98 (restrictions on voting);

(ii) section 99 and Schedule 12 (meetings and proceedings);

(iii) Part VA (regulation of access to meetings and documents)

(iv) Part VI (discharge of functions by local authorities);

(v) section 111 (subsidiary powers of local authorities);

(vi) sections 113 to 119 (provision regarding officers of local authorities);

(vii) sections 120 (except subsection (1)(b)), 121, 123 and 128 to 131 (land transactions);

(viii) section 135 (making of contracts);

(ix) section 136 (contribution towards expenditure on concurrent functions);

(x) section 140 (personal injury insurance in respect of members);

(xi) section 143 (subscription to local government associations);

(xii) section 223 (appearance of local authorities in legal proceedings);

(xiii) sections 228 and 229 (inspection of documents and status of photocopies);

(xiv) sections 231 to 234 (notices);

(b) Part III of the [1974 c. 7.] Local Government Act 1974 (investigation of complaints about maladministration etc.);

(i) sections 13 to 16 and 29 (land);

(ii) section 30 (power to forgo repayment of advances of remuneration paid to deceased employees);

(iii) section 38 (use of spare capacity of computers);

(iv) section 39 (personal liability insurance);

(v) section 41 (evidence of resolutions and minutes of proceedings);

(d) in the [1980 c. 65.] Local Government, Planning and Land Act 1980--

(i) Part III (direct labour organisations); and

(ii) Part X (land held by public bodies);

(e) in the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982--

(i) section 33 (covenants relating to land);

(ii) section 41 (lost and uncollected property);

(f) Part III of the [1982 c. 32.] Local Government Finance Act 1982 (accounts and audit);

(g) in the [1986 c. 10.] Local Government Act 1986--

(i) Part II (local authority publicity);

(ii) Part III (transfer of local authority mortgages);

(h) in the [1988 c. 9.] Local Government Act 1988--

(i) Part I (competition);

(ii) Part II (public supply or works contracts);

(i) Part VIII of the [1988 c. 41.] Local Government Finance Act 1988 (financial administration);

(j) in the [1989 c. 42.] Local Government and Housing Act 1989--

(i) Part I (local authority members, officers, staff and committees, etc.);

(ii) Part IV (revenue accounts and capital finance);

(iii) Part V (companies in which local authorities have interests);

(iv) section 155 (emergency financial assistance to local authorities);

(v) section 157 (commutation of, and interest on, periodic payments of grants, etc).

Section 62(6).

SCHEDULE 5 Levies Issued by NCS Service Authority

Decisions of Service Authority

1 (1) Where an order under section 62 requires the NCS Service Authority to determine the total amount of the levies which it proposes to issue under that section for any financial year, that determination shall not be made except by a decision which--

(a) is made only by independent members and police authority members of the Authority, and

(b) complies with sub-paragraphs (2) and (3).

(2) A decision complies with this sub-paragraph only if a majority of the members making the decision (whether or not approving it) are police authority members of the Authority.

(a) the expenditure which the Director General of the National Crime Squad estimates will be incurred in connection with the Squad in the year,

(b) any income which it is estimated will be received by way of charges imposed by the NCS Service Authority under section 64, or otherwise, in the year,

(c) the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,

(d) the current and proposed level of borrowing of the Authority,

(e) the views of all members of the Authority, and

(f) such other matters as may be prescribed.

(5) In this paragraph "independent members" means members of the Authority appointed by the Secretary of State under paragraph 2 or 10(1)(a) of Schedule 1.

(6) In this paragraph "police authority members" means members appointed--

(a) by the local authority members of police authorities for areas in England and Wales (as defined by paragraph 14 of Schedule 1), or

(b) by the Secretary of State under paragraph 5 of that Schedule.

Approval by Secretary of State

2 (1) Subject to paragraph 3, a levy shall not be issued by the NCS Service Authority under section 62 in respect of a financial year, unless the Secretary of State has notified the Authority in writing that he approves the total amount of the levies the Authority proposes to issue for that year.

(2) Where the Secretary of State gives an approval under sub-paragraph (1), levies shall not be issued by the Authority in respect of the financial year concerned in excess of the amount so approved.

(3) Before deciding whether to give an approval under sub-paragraph (1), the Secretary of State shall consult--

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

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

(4) The Secretary of State shall give a copy of any notice sent to the Authority under sub-paragraph (1) to--

(a) each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(b) the Receiver for the Metropolitan Police District.

Directions

3 (1) Where the Secretary of State does not approve, under paragraph 2, the total amount of the levies the Authority proposes to issue for a financial year--

(a) he shall notify the Authority of his decision, and

(b) he may direct the Authority to issue such levies under section 62 for that year as he considers appropriate.

(2) Where the NCS Service Authority does not, within the prescribed period, make a determination of the total amount of levies it proposes to issue under section 62 in respect of a financial year, the Secretary of State may direct the Authority to issue, under that section, such levies as he considers appropriate.

(3) The Authority shall provide the Secretary of State with such information as he may require to enable him to give a direction under this paragraph.

(4) Before giving a direction under this paragraph, the Secretary of State may take into account any matter he considers relevant.

(5) A direction under this paragraph shall be in writing.

(6) The Secretary of State shall send a copy of any direction under this paragraph to--

(a) each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(b) the Receiver for the Metropolitan Police District.

Notices

4 (1) The NCS Service Authority shall, within the prescribed period, give notice of any levy to be issued under section 62 to--

(a) the Secretary of State,

(b) each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(2) A notice under this paragraph shall contain such information as may be prescribed.

Interpretation

5 In this Schedule "prescribed" means prescribed by an order under section 62.

Section 88.

SCHEDULE 6 Application to NCS Service Authority of Local Government Enactments

Local Government Act 1972 (c. 70)

1 In section 94 of the Local Government Act 1972 (disability of members of authorities for voting on account of interest in contracts, etc.), in subsection (5)(b) (receipt of certain allowances not to be treated as a pecuniary interest) after "1996" there shall be inserted "or paragraph 17 of Schedule 2 to the Police Act 1997".

2 In section 98--

(a) in subsection (1A) (application to joint authorities of provisions about members' interests) after "1996" there shall be inserted "and the Service Authority for the National Crime Squad", and

(b) after subsection (1A) there shall be inserted--

" (1B) In the application of section 97 above to a member of the Service Authority for the National Crime Squad, subsection (1) of that section shall apply as if the words from "or in any other case" to the end were omitted. "

3 In section 99 (meetings and proceedings of local authorities) after "1996" there shall be inserted ", the Service Authority for the National Crime Squad".

4 (1) Section 100J (application to joint authorities etc. of provisions relating to access to meetings and documents) shall be amended as follows.

(2) In subsection (1), after paragraph (e) there shall be inserted--

" (ea) the Service Authority for the National Crime Squad; " .

(3) In subsection (3), after "(e)" there shall be inserted ", (ea)".

(4) After subsection (3) there shall be inserted--

" (3A) In its application by virtue of subsection (1) above in relation to the Service Authority for the National Crime Squad, section 100A(6)(a) shall also have effect with the substitution for the word "three" of the word "seven". "

(5) In subsection (4), in paragraph (a), after "1996" there shall be inserted "or the Service Authority for the National Crime Squad".

5 (1) Section 107 (application to police authorities of provisions relating to the discharge of functions by local authorities) shall be amended as follows.

(2) In subsection (7) for "(a) and (b)" there shall be substituted "(a), (aa) and (b)".

(3) After subsection (8) there shall be inserted--

" (8A) References in this section to a police authority, a police force, a chief officer of police or his deputy include references to the Service Authority for the National Crime Squad, the National Crime Squad, the Director General of that Squad and his deputy respectively. "

6 (1) Section 146A (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.

(2) In subsection (1)--

(a) for "subsection (1A)" there shall be substituted "subsections (1A) and (1AA)", and

(b) for "shall be" there shall be substituted "and the Service Authority for the National Crime Squad shall each be".

(3) In subsection (1A)--

(a) for "A" there shall be substituted "Neither a",

(b) after "1996" there shall be inserted "nor the Service Authority for the National Crime Squad", and

(4) After subsection (1A) there shall be inserted--

" (1AA) The Service Authority for the National Crime Squad shall not be treated as a local authority for the purposes of section 146 above. "

7 In section 223 (appearance of local authorities in legal proceedings), in subsection (2), after "1996" there shall be inserted "and the Service Authority for the National Crime Squad".

8 In section 228 (inspection of documents), in subsection (7A), after "1996" there shall be inserted "or the Service Authority for the National Crime Squad".

9 The words "and the Service Authority for the National Crime Squad" shall be inserted after "1996"--

(a) in section 229 (photographic copies of documents), in subsection (8);

(b) in section 231 (service of notices on local authorities, etc.), in subsection (4);

(d) in section 233 (service of notices by local authorities), in subsection (11); and

(e) in section 234 (authentication of documents), in subsection (4).

10 (1) Schedule 12 (meetings and proceedings of local authorities) shall be amended as follows.

(2) In paragraph 6A, in sub-paragraph (1), after "1996" there shall be inserted "or the Service Authority for the National Crime Squad".

(3) In paragraph 6B--

(a) in sub-paragraph (b), after "1996" there shall be inserted ", or of the Service Authority for the National Crime Squad,", and

(b) at the end of sub-paragraph (b) there shall be added " , and

(c) in the case of the Service Authority for the National Crime Squad, paragraph 4(2) shall apply as if the reference to three clear days were a reference to seven clear days. "

(4) In paragraph 46, after "1996" there shall be inserted "and the Service Authority for the National Crime Squad".

Local Government Act 1974 (c. 7)

11 In section 25 of the Local Government Act 1974 (authorities subject to investigation by Commission for Local Administration), in subsection (1) after paragraph (ca) there shall be inserted--

" (caa) the Service Authority for the National Crime Squad; " .

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

12 In section 30 of the Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration paid to deceased employees), in subsection (3), after "the authority" there shall be inserted ", and a member of the National Crime Squad within section 55(1)(a) or (b) of the Police Act 1997 shall be treated as employed by the Service Authority for the National Crime Squad,".

13 In section 44 (interpretation), in subsection (1), in paragraph (a) of the definition of "local authority", after "1996" there shall be inserted ", the Service Authority for the National Crime Squad".

Local Government, Planning and Land Act 1980 (c. 65)

14 In section 20 of the Local Government, Planning and Land Act 1980 (interpretation of provisions relating to direct labour organisations), in subsection (1)--

(a) in paragraph (a) of the definition of "local authority", in sub-paragraph (i), after "1996" there shall be inserted ", the Service Authority for the National Crime Squad", and

(b) in paragraph (aa) of the definition, after "1996" there shall be inserted "or the Service Authority for the National Crime Squad".

15 In section 99 (directions to dispose of land), in subsection (4), after paragraph (dc) there shall be inserted--

" (dd) the Service Authority for the National Crime Squad; " .

16 In Schedule 16 (bodies to whom provisions of Part X relating to registration of land apply), after paragraph 5C there shall be inserted--

" 5D The Service Authority for the National Crime Squad. "

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

17 In section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land), in subsection (9)(a), after "1996" there shall be inserted ", the Service Authority for the National Crime Squad".

18 In section 41 (lost and uncollected property), in subsection (13), in the definition of "local authority", for "and" at the end of paragraph (ca) there shall be substituted--

" (cb) the Service Authority for the National Crime Squad; and " .

Local Government Finance Act 1982 (c. 32)

19 In section 12 of the Local Government Finance Act 1982 (accounts subject to audit), in subsection (2), after paragraph (g) there shall be inserted--

" (ga) the Service Authority for the National Crime Squad; " .

20 In section 19 (declaration that item of account is unlawful), at the end of subsection (7) there shall be added "and the Service Authority for the National Crime Squad".

21 In section 20 (recovery of amount not accounted for etc.), at the end of subsection (10) there shall be added "and the Service Authority for the National Crime Squad".

22 For section 28B (delivery of documents relating to police authorities to Secretary of State), as inserted by paragraph 28 of Schedule 4 to the [1994 c. 29.] Police and Magistrates' Courts Act 1994, there shall be substituted--

" 28F Delivery of documents relating to police authorities etc. to Secretary of State

(1) The Commission shall send to the Secretary of State a copy of any report of which a copy is sent to the Commission under section 18(4) above and which relates--

(a) to a police authority established under section 3 of the [1996 c. 16.] Police Act 1996, or

(b) to the Service Authority for the National Crime Squad.

(2) If it appears to the Commission appropriate to do so, it may send to the Secretary of State a copy of any document--

(a) which relates to one or more police authorities established under section 3 of the Police Act 1996 or to the Service Authority for the National Crime Squad, and

(b) which has been sent (or a copy of which has been sent) by the Commission to a police authority established under that section or to that Authority. "

Local Government Act 1986 (c. 10)

23 In section 6 of the Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality), in subsection (2)(a), after "1996," there shall be inserted--

" the Service Authority for the National Crime Squad, " .

24 In section 9 (interpretation of provisions relating to the transfer of mortgages), in subsection (1)(a), after "1996," there shall be inserted--

" the Service Authority for the National Crime Squad, " .

Local Government Act 1988 (c. 9)

25 In section 1 of the Local Government Act 1988 (defined authorities for provisions on competition), in subsection (1), after paragraph (e) there shall be inserted--

" (ea) the Service Authority for the National Crime Squad, " .

26 In Schedule 2, in the list of public authorities to which provisions on public supply or works contracts apply, after the entry relating to police authorities there shall be inserted--

" The Service Authority for the National Crime Squad. "

Local Government Finance Act 1988 (c. 41)

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