|
|
|
|
|
|
|
Navigation
News
|
 |
Police Act 1997 (c. 50)(The document as of February, 2008) Page 8 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 Local Government Finance Act 1988 (c. 41)27 In section 112 of the Local Government Finance Act 1988 (financial administration as to certain police and fire authorities), in subsection (2), for "and" at the end of paragraph (c) there shall be substituted-- " (ab) the Service Authority for the National Crime Squad, and " . 28 In section 114 (functions of the chief finance officer as regards reports), at the end there shall be added-- " (9) The National Crime Squad shall be treated as a police force for the purposes of subsection (2) above. " Local Government and Housing Act 1989 (c. 42)29 In section 21 of the Local Government and Housing Act 1989, in subsection (1) (definition of local authority for purposes of various provisions relating to their members, officers, staff and committees etc.), in paragraph (g), after "1996" there shall be inserted "or the Service Authority for the National Crime Squad". 30 In section 67 (application of provisions relating to companies in which local authorities have interests), in subsection (3) (definition of local authority), in paragraph (i), after "1996" there shall be inserted "or the Service Authority for the National Crime Squad". 31 In section 155 (emergency assistance to local authorities), after subsection (4)(ea) there shall be inserted-- " (eb) the Service Authority for the National Crime Squad; " . 32 In section 157 (commutation of, and interest on, periodic payments of grants etc.), in subsection (6), after paragraph (g) there shall be inserted-- " (ga) the Service Authority for the National Crime Squad; " . Section 102(4). SCHEDULE 7 Investigation of Complaints by Commissioners etcInvestigation1 Where a Commissioner appointed under section 91(1)(b) is required by virtue of section 102 to investigate a complaint, he shall investigate whether an authorisation was given under section 93 in relation to the doing of the act or acts in question in relation to the property concerned ("a relevant authorisation"). 2 (1) In a case where the Commissioner determines that a relevant authorisation was given he shall, if sub-paragraph (2), (3) or (4) applies, make a determination in favour of the complainant. (2) This sub-paragraph applies if the Commissioner is satisfied that there were, at the time the relevant authorisation was given or renewed, no reasonable grounds for believing the matters specified in section 93(2). (3) This sub-paragraph applies where section 97 did not apply to the relevant authorisation or its renewal, but the Commissioner is satisfied as mentioned in section 103(2). (4) This sub-paragraph applies if the Commissioner is satisfied that anything has been done in relation to any property of the complainant in pursuance of the relevant authorisation (other than by virtue of section 103(6) or section 104(7)) at a time when there were no reasonable grounds for believing the matters specified in section 93(2). Report of conclusions3 (1) If the Commissioner makes a determination in favour of the complainant under paragraph 2, he shall-- (a) give notice to the complainant that he has done so, and (b) make a report of his findings to the authorising officer who gave the authorisation, or in whose absence it was given, and to the Chief Commissioner. (2) In any other case, the Commissioner shall give notice to the complainant that no determination in his favour has been made on the complaint. (3) Subject to sub-paragraph (1)(b), the Commissioner shall not give any reasons for the making of, or any refusal to make, a determination in favour of the complainant. 4 Where-- (a) the Chief Commissioner receives a report of the Commissioner's findings under paragraph 3(1)(b), and (b) no appeal is made against the determination in favour of the complainant, the Chief Commissioner shall, under section 107(2), make a report of those findings to the Prime Minister. Remedies5 (1) Where the Commissioner gives a complainant notice that a determination in his favour has been made on the complaint, he may (whether or not he has exercised, or intends to exercise, any of the powers under section 103) direct the authorising officer who gave the authorisation, or in whose absence it was given, to pay the complainant such sum by way of compensation as may be specified in the direction. (2) Where a direction to pay compensation has been made under sub-paragraph (1), it shall not become operative until-- (a) the period for appealing against the determination in favour of the complainant has expired, and (b) where such an appeal is made, a decision dismissing it has been made by the Chief Commissioner. 6 Any compensation which the Commissioner directs the authorising officer to pay under paragraph 5 shall be paid-- (a) in the case of an authorising officer within paragraph (a), (b) or (c) of subsection (5) of section 93, out of the police fund, (b) in the case of an authorising officer within paragraph (d) of that subsection, by the police authority or, as the case may be, the joint police board (within the meaning of the [1967 c. 77.] Police (Scotland) Act 1967), (c) in the case of an authorising officer within paragraph (e) of that subsection, by the Police Authority for Northern Ireland, (d) in the case of an authorising officer within paragraph (f) or (g) of that subsection, out of the appropriate service fund established under section 16 or 61, and (e) in the case of an authorising officer within paragraph (h) of section 93(5), by the Commissioners of Customs and Excise. Interpretation7 The references in this Schedule to the authorising officer who gave the authorisation or in whose absence it was given shall, in the case of an authorisation given by or in the absence of a person within paragraph (b) or (e) of section 93(5), be construed as references to the Commissioner of Police or, as the case may be, the Chief Constable mentioned in the paragraph concerned. Section 109(2). SCHEDULE 8 The Police Information Technology OrganisationConstitution1 (1) The Police Information Technology Organisation ("the Organisation") shall consist of a chairman and other members appointed by the Secretary of State. (2) Before appointing the chairman the Secretary of State shall consult-- (a) persons whom he considers to represent the interests of police authorities, and (b) persons whom he considers to represent the interests of chief officers of police. (3) The members apart from the chairman at any time shall include-- (a) at least three members nominated by persons whom the Secretary of State considers to represent police authorities for areas in England and Wales; (b) at least three members nominated by persons whom the Secretary of State considers to represent chief officers of police of police forces in England and Wales; (c) at least one member nominated by persons whom the Secretary of State considers to represent police authorities for areas in Scotland; (d) at least one member nominated by persons whom the Secretary of State considers to represent the interests of chief constables of police forces in Scotland; (e) at least one member nominated by the Police Authority for Northern Ireland; (f) at least one member nominated by the Chief Constable of the Royal Ulster Constabulary; and (g) at least one other member. Members2 (1) Subject to the provisions of this Schedule, a member of the Organisation shall hold office in accordance with the terms of his appointment. (2) A member shall not be appointed for more than five years at a time. (3) A person may at any time resign as a member or as chairman by notice in writing to the Secretary of State. (4) The Secretary of State may remove a person from office as a member or as chairman if satisfied that-- (a) he has without reasonable excuse failed to discharge his functions for a continuous period of three months; (b) he has without reasonable excuse been absent from three consecutive meetings of the Organisation; (c) he has been convicted of a criminal offence; (d) he has become bankrupt, his estate has been sequestrated or he has made an arrangement with or granted a trust deed for his creditors; (e) he has failed to comply with the terms of his appointment; or (f) he is otherwise unable or unfit to discharge his functions. (5) The Secretary of State shall not remove from office a member nominated by persons representing certain interests in accordance with paragraph 1(3)(a) to (d) unless he has first consulted persons whom he considers to represent those interests. (6) The Secretary of State shall not remove from office a member nominated in accordance with paragraph 1(3)(e) or (f) unless he has first consulted the Police Authority for Northern Ireland or, as the case may be, the Chief Constable of the Royal Ulster Constabulary. 3 (1) The Organisation shall pay to its members such remuneration and allowances as the Secretary of State may determine. (2) The Organisation shall, as regards any member or former member in whose case the Secretary of State may so determine, pay or make payments in respect of such pension or gratuity as the Secretary of State may determine. (3) If a person ceases to be a member, or ceases to be chairman, and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Organisation to make a payment of such amount as he may determine. Staff, &c.4 (1) The Organisation shall not appoint employees except with the approval of the Secretary of State as to numbers and as to terms and conditions of service. (2) No person shall be appointed to act as the chief executive of the Organisation unless the Secretary of State has consented to the appointment. 5 (1) The Organisation shall pay to its employees such remuneration and allowances as it may, with the consent of the Secretary of State, determine. (2) The Organisation shall-- (a) pay, or make payments in respect of, such pensions or gratuities to or in respect of employees or former employees as it may, with the consent of the Secretary of State, determine; (b) provide and maintain such schemes (whether contributory or not) as it may determine, with the consent of the Secretary of State, for the payment of pensions or gratuities in respect of employees or former employees. (3) References in this paragraph to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of employees who suffer loss of employment or loss or diminution of emoluments. (4) If any person-- (a) on ceasing to be employed by the Organisation, becomes or continues to be one of its members, and (b) was, by reference to his employment, a participant in a pension scheme maintained by the Organisation, the Organisation may, with the consent of the Secretary of State, make provision for that person to continue to participate in that scheme, on such terms and conditions as it may with the consent of the Secretary of State determine, as if his service as a member were service as an employee; and any such provision shall be without prejudice to paragraph 3. 6 (1) Employment with the Organisation shall be included among the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply. (2) The Organisation shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act. (3) Where an employee of the Organisation is, by reference to that employment, a participant in a scheme under section 1 of that Act and is also a member of the Organisation, the Minister for the Civil Service may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee (whether or not any benefits are payable to or in respect of him by virtue of paragraph 3 above). 7 (1) The Organisation shall be liable in respect of a tort committed by a member of a police force engaged on service with the Organisation in the performance or purported performance of his functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in respect of any such tort be treated for all purposes as a joint tortfeasor. (2) In relation to Scotland, sub-paragraph (1) shall not apply but the Organisation shall be liable in reparation in respect of a wrongful act or omission on the part of a member of a police force engaged on service with the Organisation in the performance or purported performance of his functions in 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. Committees8 (1) No person who is not a member of the Organisation shall be appointed to a committee or sub-committee of the Organisation unless the Secretary of State has consented to the appointment. (2) Remuneration and allowances paid to members of committees and sub-committees of the Organisation who are not members of the Organisation shall be of such amounts as the Secretary of State may determine. Proceedings9 Subject to the provisions of this Schedule, the Organisation shall regulate its own procedure. 10 (1) The Organisation shall make provision for a quorum for its meetings to include at least-- (a) one member appointed in accordance with paragraph 1(3)(a), (c) or (e); (b) one member appointed in accordance with paragraph 1(3)(b), (d) or (f); and (c) one member appointed in accordance with paragraph 1(3)(g). (2) The Organisation shall make provision for a quorum for meetings of any committee or sub-committee to include at least one member or employee of the Organisation. 11 The validity of the proceedings of the Organisation (or any committee or sub-committee) shall not be affected by-- (a) any vacancy among the members of the Organisation or in the office of chairman of the Organisation, or (b) any defect in the appointment of any person as a member of the Organisation or as chairman of the Organisation. Evidence12 A document purporting to be-- (a) duly executed under the seal of the Organisation, or (b) signed on behalf of the Organisation, shall be received in evidence and, unless the contrary is proved, deemed to be so executed or signed. Money13 The Secretary of State may make payments to the Organisation out of money provided by Parliament. 14 (1) The Organisation may impose such charges as it considers appropriate for the provision of goods and services in accordance with section 109(3) and (4). (2) The Organisation shall pay any sums received in the course of carrying out its functions to the Secretary of State. (3) Sub-paragraph (2) shall not apply where the Secretary of State, with the consent of the Treasury, so directs. (4) Any sums received by the Secretary of State under sub-paragraph (2) shall be paid into the Consolidated Fund. 15 The Organisation may, for purposes related to information technology, make payments to any police authority. 16 (1) The Organisation shall keep proper accounts and records in relation to the accounts. (2) The Organisation shall prepare in respect of each financial year a statement of accounts. (3) The statement shall be in such form, and shall contain such information, as the Secretary of State may, with the consent of the Treasury, direct. (4) The Organisation shall send copies of the statement to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct. (5) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in accordance with this paragraph and shall lay copies of the statement and his report before each House of Parliament. (6) In this paragraph "financial year" means the period of twelve months ending with 31st March; but the first financial year shall be the period beginning with the establishment of the Organisation and ending with the next 31st March. Annual report17 (1) As soon as possible after the end of each financial year, the Organisation shall send to the Secretary of State a report on the discharge of its functions during that year. (2) The Secretary of State shall lay a copy of each report before each House of Parliament. (3) In this paragraph, "financial year" has the same meaning as in paragraph 16. Status of the Organisation18 The Organisation shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the Organisation shall not be regarded as property of, or property held on behalf of, the Crown. Section 134(1). SCHEDULE 9 Minor and Consequential AmendmentsExplosives Act 1875 (c. 17)1 In the Explosives Act 1875, at the end of section 75 (inspections of ships with explosives on board, etc.) (which becomes subsection (1)) there shall be added-- " (2) In subsection (1)-- (a) "officer of police" includes any member of the National Criminal Intelligence Service appointed under section 9(1)(b) of the Police Act 1997 (police members) and any member of the National Crime Squad appointed under section 55(1)(b) of that Act (police members), and (b) "chief officer of police" includes the Director General of that Service and the Director General of that Squad. " . Civil Defence Act 1948 (c. 5)2 In section 9 of the Civil Defence Act 1948 (interpretation etc.), after subsection (3) there shall be inserted-- " (3A) For the purposes of this Act (other than section 3(3)) the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad shall be treated as police authorities and the National Criminal Intelligence Service and the National Crime Squad as police forces. " . Public Records Act 1958 (c. 51)3 In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 there shall be inserted at the appropriate place-- " Police Information Technology Organisation " . Trustee Investments Act 1961 (c. 62)4 In section 11 of the Trustee Investments Act 1961 (local authority investment schemes), in subsection (4)-- (a) in paragraph (a) after "1996" there shall be inserted ", the Service Authority for the National Crime Squad", and (b) after paragraph (d) there shall be added-- " (e) in any part of the United Kingdom, the Service Authority for the National Criminal Intelligence Service. " . 5 In Schedule 1, in Part II (narrower-range investments requiring advice), in paragraph 9, after sub-paragraph (d) there shall be inserted-- " (da) the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad; " . Offices, Shops and Railway Premises Act 1963 (c. 41)6 In section 90 of the Offices, Shops and Railway Premises Act 1963 (interpretation), in subsection (4) (persons treated as employed for purposes of that Act), after paragraph (c) there shall be added-- " (d) a member of the National Criminal Intelligence Service within section 9(1)(a) or (b) of the Police Act 1997 or a member of the National Crime Squad within section 55(1)(a) or (b) of that Act (police members). " . Parliamentary Commissioner Act 1967 (c. 13)7 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), there shall be inserted at the appropriate place-- " Police Information Technology Organisation " . Police (Scotland) Act 1967 (c. 77)8 The Police (Scotland) Act 1967 shall be amended as follows. 9 In section 27(3) (regulations as to police cadets), after "(1A)," there shall be inserted "(2B),". 10 At the end of section 28 (regulations as to standards of equipment) (which becomes subsection (1)) there shall be added-- " (2) The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology. (3) In subsection (2) of this section "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. " . 11 In section 33 (inspectors of constabulary), in each of subsections (3) and (4), after "generally" there shall be inserted "and the National Criminal Intelligence Service". 12 At the end of section 36 (common services) there shall be added-- " (7) The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology. (8) In subsection (7) of this section "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. " . 13 In section 38 (constables engaged on central service and certain temporary service), in subsection (3A), after "service" there shall be inserted ", or on temporary service such as is mentioned in paragraph (ba) or (bb) of the said section 38A(1),". 14 In section 38A (constables engaged on service outside their force)-- (a) in subsection (1), after paragraph (b) there shall be inserted-- " (ba) temporary service with the National Criminal Intelligence Service on which a person is engaged with the consent of the appropriate authority; (bb) temporary service with the Police Information Technology Organisation on which a person is engaged with the consent of the appropriate authority; " ; and (b) in subsection (6)(a), after "(b)," there shall be inserted "(ba) or (bb)". 15 In section 39 (liability for wrongful acts of constables), in subsection (4), after "1996" there shall be inserted "or section 23 of the Police Act 1997". Leasehold Reform Act 1967 (c. 88)16 In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), in subsection (5), after paragraph (bb) there shall be inserted-- " (bc) the Service Authority for the National Crime Squad and the Service Authority for the National Criminal Intelligence Service; " . Public Expenditure and Receipts Act 1968 (c. 14)17 In section 4 of the Public Expenditure and Receipts Act 1968 (compensation to civil defence employees for loss of employment etc.) after subsection (6) (interpretation) there shall be added-- " (7) For the purposes of this section, the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad shall be treated as police authorities. " . Firearms Act 1968 (c. 27)18 In section 54 of the Firearms Act 1968 (application of Act to Crown servants), in subsection (3) (which provides that members of police forces and certain employees of police authorities are deemed to be in the service of Her Majesty), at the end of paragraph (b) there shall be inserted " , or (c) a member of the National Criminal Intelligence Service or the National Crime Squad. " . Post Office Act 1969 (c. 48)19 In section 7 of the Post Office Act 1969 (powers of the Post Office), in subsection (1AA), after "1996" there shall be inserted ", the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad". Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)20 In section 3 of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(b) for "and any police authority" there shall be substituted ", any police authority, the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad". Police Act (Northern Ireland) 1970 (c. 9 (N.I.))21 In section 14 of the Police Act (Northern Ireland) 1970 (liability for wrongful acts of members of the police force), in subsection (5), after "Police Act 1996" there shall be inserted "or section 23 of the Police Act 1997". 22 In section 16(1) of that Act (appointment and functions of inspectors of constabulary) at the end there shall be added "and the National Criminal Intelligence Service". Local Authorities (Goods and Services) Act 1970 (c. 39)23 In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in subsection (4), in the definition of "public body", after "1996" there shall be inserted ", the Service Authority for the National Crime Squad, the Service Authority for the National Criminal Intelligence Service". Superannuation Act 1972 (c. 11)24 The following entry shall be inserted at the appropriate place in the list of "Other Bodies" in Schedule 1 to the Superannuation Act 1972 (kinds of employment to which schemes may apply)-- " Police Information Technology Organisation " . Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (NI 6)25 In Article 7 of the Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (employers exempted from insurance), after paragraph (aa) there shall be inserted-- " (ab) the Service Authority for the National Criminal Intelligence Service; " . Employment Agencies Act 1973 (c. 35)26 In section 13 of the Employment Agencies Act 1973, in subsection (7) (cases in which the Act is not to apply), in paragraph (f), after "1996" there shall be inserted ", the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad". Juries Act 1974 (c. 23)27 In Part I of Schedule 1 to the Juries Act 1974, in Group B (ineligibility for jury service of certain persons concerned with the administration of justice), after the entry for civilians employed for police purposes and members of the metropolitan civil staffs there shall be inserted--
District Courts (Scotland) Act 1975 (c. 20)28 In subsection (2) of section 12 of the District Courts (Scotland) Act 1975 (disqualification in certain cases of justices who are members of local authorities), the following shall be inserted as the first paragraph-- " (aa) any reference to a local authority includes a reference to the Service Authority for the National Criminal Intelligence Service; " . House of Commons Disqualification Act 1975 (c. 24)29 (1) The House of Commons Disqualification Act 1975 shall be amended as follows. (2) In section 1(1) (disqualification of certain office holders and places), after paragraph (d) there shall be inserted-- " (da) is a member of the National Criminal Intelligence Service or the National Crime Squad; " . (3) In Part III of Schedule 1 (disqualifying offices), there shall be inserted at the appropriate place-- " Any member of the Police Information Technology Organisation in receipt of remuneration. " . Northern Ireland Assembly Disqualification Act 1975 (c. 25)30 (1) The Northern Ireland Assembly Disqualification Act 1975 shall be amended as follows. (2) In section 1(1) (disqualification of certain office holders and places), after paragraph (d) there shall be inserted-- " (da) is a member of the National Criminal Intelligence Service or the National Crime Squad; " . (3) In Part III of Schedule 1 (disqualifying offices), there shall be inserted at the appropriate place-- Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 -- Back --
Stat
| |
Other
|