Criminal Justice and Police Act 2001 (c. 16)

(The document as of February, 2008)

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(b) a member of a police authority for an area in Scotland, or

(2) Where such a decision is made--

(a) if the member must be within sub-paragraph (1)(a), he shall be appointed by the chief constables of police forces in Scotland, from among their number;

(b) if the member must be within sub-paragraph (1)(b), he shall be appointed by the members of police authorities for areas in Scotland, from among their number; and

7B (1) Where an appointment falls to be made in accordance with this paragraph the Secretary of State shall decide whether the person appointed must be--

(a) a person holding at least the rank of deputy chief constable in the Police Service of Northern Ireland,

(b) a member of the Northern Ireland Policing Board, or

(2) Where such a determination is made--

(a) if the member must be within sub-paragraph (1)(a), he shall be appointed by the Chief Constable of the Police Service of Northern Ireland;

(b) if the member must be within sub-paragraph (1)(b), he shall be appointed by the members of the Northern Ireland Policing Board, from among their number; and

9 (1) Paragraph 8 of that Part (appointment of other members where Authority has more than 19 members) shall be amended as follows.

(2) In sub-paragraph (1)--

(a) for "nineteen" there shall be substituted "eleven";

(b) for "ten" there shall be substituted "eight";

(d) in paragraph (e), the words "(being not less than two)" and "local authority" shall be omitted;

(e) for paragraph (h) there shall be substituted--

" (h) a prescribed number shall be Crown servants appointed by the Secretary of State under this paragraph;

(ha) a prescribed number shall be Crown servants appointed by the Scottish Ministers under this paragraph; and " ;

and

(f) in paragraph (i), for "one shall be a customs officer" there shall be substituted "a prescribed number shall be customs officers".

(3) Sub-paragraph (2) shall be omitted.

(4) In sub-paragraph (5), after "paragraph" there shall be inserted "; but nothing in this paragraph shall require such an order to prescribe a number in respect of each of the paragraphs of sub-paragraph (1)".

Part 3 Other members of NCS Service Authority

10 (1) In Part 3 of Schedule 1 to the 1997 Act (appointment of additional members of NCS Service Authority), the existing paragraph 9 (appointment of other members where Authority has 17 members) shall become sub-paragraph (1) of that paragraph.

(2) In that sub-paragraph--

(a) for "seventeen" there shall be substituted "eleven";

(b) for "ten" there shall be substituted "eight";

(i) for "six" there shall be substituted "one"; and

(ii) the words "local authority" shall be omitted; and

(d) after that paragraph there shall be inserted " ; and

(3) After that sub-paragraph there shall be inserted--

" (2) Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(c) as it applies to appointments under paragraph 2. "

11 In paragraph 10 of that Part (appointment of other members where Authority has more than 17 members)--

(a) in sub-paragraph (1)--

(i) for "seventeen" there shall be substituted "eleven"; and

(ii) for "ten" there shall be substituted "eight";

(b) in paragraph (c) of that sub-paragraph the words "(being not less than six)" and "local authority" shall be omitted;

(d) in sub-paragraph (5), after "paragraph" there shall be inserted "; but nothing in this paragraph shall require such an order to prescribe a number in respect of each of the paragraphs of sub-paragraph (1)".

Part 4 General

12 In Part 4 of Schedule 1 to the 1997 Act (general provisions relating to the Service Authorities), paragraph 12 (local authority members to reflect balance of political parties) shall be omitted.

13 In paragraph 13 of that Part (clerk to Service Authority to facilitate appointment of certain members), in sub-paragraph (a), the words "local authority" shall be omitted.

14 Paragraph 14 of that Part (meaning of "local authority members of police authorities") shall be omitted.

Section 128

SCHEDULE 6 Minor and consequential amendments relating to NCIS and NCS

Part 1 The 1997 Act

1 The 1997 Act shall be amended in accordance with this Part.

2 In section 1 (the NCIS Service Authority)--

(a) in subsection (4) (persons to be consulted before order made expanding the Authority)--

(i) the word "and" at the end of paragraph (d) shall be omitted; and

(ii) after that paragraph there shall be inserted--

" (da) the Director-General of the Security Service; and " ;

and

(b) in subsection (7), for "Schedule 2" there shall be substituted "Schedules 2 and 2A".

3 In section 2 (general functions of the NCIS Service Authority and NCIS), in subsection (6), the words "or under Schedule 3" shall be omitted.

4 In section 3 (objectives determined by NCIS Service Authority), in subsection (4) (persons to be consulted before objectives determined)--

(a) the word "and" at the end of paragraph (c) shall be omitted; and

(b) at the end of paragraph (d) there shall be inserted " ; and

(e) the Director-General of the Security Service. "

5 In section 4 (service plans), in subsection (5) (persons to be sent copy of plan)--

(a) the word "and" at the end of paragraph (f) shall be omitted; and

(b) after that paragraph there shall be inserted--

" (fa) the Director-General of the Security Service; and " .

6 In section 5 (annual reports), in subsection (3) (persons to be sent copy of report)--

(a) the word "and" at the end of paragraph (f) shall be omitted; and

(b) after that paragraph there shall be inserted--

" (fa) the Director-General of the Security Service; and " .

7 In section 6 (appointment of Director General of NCIS), in subsection (4)(b), the words "local authority" and "(as defined in paragraph 14 of that Schedule)" shall be omitted.

8 In section 9 (members of NCIS), in subsection (8) (delegation of powers of appointment to Director General), for the words from "Where" to "that order" there shall be substituted "The NCIS Service Authority shall exercise its powers under Schedule 2A".

9 In section 26 (setting of objectives by Secretary of State), in subsection (2) (persons to be consulted before objectives are set)--

(a) the word "and" at the end of paragraph (g) shall be omitted; and

(b) after that paragraph there shall be inserted--

" (ga) the Director-General of the Security Service; and " .

10 In section 41 (arrangements for consultation)--

(a) in subsection (1) (persons to be consulted by NCIS Service Authority)--

(i) the word "and" at the end of paragraph (c) shall be omitted; and

(ii) after that paragraph there shall be inserted--

" (ca) the Director-General of the Security Service; and " ;

and

(b) in subsection (2) (persons to be consulted by Director General of NCIS)--

(i) the word "and" at the end of paragraph (e) shall be omitted; and

(ii) after that paragraph there shall be inserted--

" (ea) the Director-General of the Security Service; and " .

11 In section 47 (the NCS Service Authority)--

(a) in subsection (4) (persons to be consulted before order made expanding the Authority)--

(i) the word "and" at the end of paragraph (b) shall be omitted; and

(ii) at the end of paragraph (c) there shall be inserted " , and

(d) the Commissioners of Customs and Excise. " ;

and

(b) in subsection (7), for "Schedule 2" there shall be substituted "Schedules 2 and 2A".

12 In section 48 (general functions of NCS Service Authority and the National Crime Squad), in subsection (7), the words "or under Schedule 5" shall be omitted.

13 In section 49 (objectives determined by the NCS Service Authority), in subsection (4) (persons to be consulted before objectives determined)--

(a) the word "and" at the end of paragraph (b) shall be omitted; and

(b) after that paragraph there shall be inserted--

" (ba) the Commissioners of Customs and Excise; and "

14 In section 50 (service plans), in subsection (5) (persons to be sent copy of plan)--

(a) the word "and" at the end of paragraph (d) shall be omitted; and

(b) at the end of paragraph (e) there shall be inserted " ; and

(f) the Commissioners of Customs and Excise. "

15 In section 51 (annual reports), in subsection (3) (persons to be sent copy of report)--

(a) the word "and" at the end of paragraph (d) shall be omitted; and

(b) at the end of paragraph (e) there shall be inserted " ; and

(f) the Commissioners of Customs and Excise. "

16 In section 52 (appointment of Director General of National Crime Squad), in subsection (4)(b), the words "local authority" and "(as defined in paragraph 14 of that Schedule)" shall be omitted.

17 In section 55 (members of National Crime Squad), in subsection (8) (delegation of powers of appointment to Director General), for "section 101 (and section 107) of the Local Government Act 1972" there shall be substituted "Schedule 2A".

18 In section 71 (setting of objectives by Secretary of State), in subsection (2) (persons to be consulted before objectives are set)--

(a) the word "and" at the end of paragraph (e) shall be omitted; and

(b) at the end of paragraph (f) there shall be inserted " ; and

(g) the Commissioners of Customs and Excise. "

19 In section 85 (arrangements for consultation)--

(a) in subsection (1) (persons to be consulted by NCS Service Authority)--

(i) the word "and" at the end of paragraph (b) shall be omitted; and

(ii) after that paragraph there shall be inserted--

" (ba) the Commissioners of Customs and Excise; and " ; and

(b) in subsection (2) (persons to be consulted by Director General of NCS)--

(i) the word "and" at the end of paragraph (b) shall be omitted; and

(ii) after that paragraph there shall be inserted--

" (ba) the Commissioners of Customs and Excise; and " .

20 (1) In Schedule 2 (other provisions about members of Service Authorities), in paragraph 3(1) (disqualification by reason of employment with Service Authority etc.), for paragraph (a) there shall be substituted--

" (a) he is--

(i) a member of NCIS or of the National Crime Squad, or

(ii) an employee or officer of the Authority (who is not such a member); " .

(2) In paragraph 6 of that Schedule (resignation), in sub-paragraph (2)--

(a) in paragraph (b), for "7(g)" there shall be substituted "6A"; and

(b) in paragraph (c), for "7(f) or 8(1)(h)" there shall be substituted "7(a) or 8(1)(ha)".

(3) In paragraph 7 of that Schedule (circumstances in which persons automatically cease to be members)--

(a) in sub-paragraph (1), for "7(c), (d) or (e), 8(1)(e), (f) or (g), 9(b)" there shall be substituted "7(a) or (b), 8(1)(e), (f) or (g), 9(1)(b)";

(b) in sub-paragraph (3), for "7(f) or 8(1)(h)" there shall be substituted "7(a) or (b) or 8(1)(h) or (ha)";

(i) after "7(a) or (b)", there shall be inserted "(by virtue of being a person within paragraph 7A(1)(a) or 7B(1)(a))"; and

(ii) for "9(a)" there shall be substituted "9(1)(a)";

(d) in sub-paragraph (5), for "the NCIS Service Authority under paragraph 7(g)" there shall be substituted "a Service Authority under paragraph 6A"; and

(e) after sub-paragraph (5), there shall be inserted--

" (6) A person appointed to be a member of the NCIS Service Authority under paragraph 7(c) shall cease to be a member if he ceases to be a member of the Security Service. "

(4) In paragraph 8 of that Schedule (removal of members), after sub-paragraph (5) there shall be inserted--

" (6) For the purposes of this paragraph, in relation to a member appointed under paragraph 7(a) or (b) of Schedule 1 the references to the person or persons who are (or would be) required to appoint his successor are to be read as references to the Secretary of State. "

(5) Paragraph 9 of that Schedule (removal of members to maintain political balance of local authority members) shall be omitted.

(6) In paragraph 10 of that Schedule (effect of removing a core member), the words "or 9" shall be omitted.

(7) In paragraph 13 of that Schedule (eligibility of senior police officers to vote)--

(a) after "7(a) or (b)", there shall be inserted "(by virtue of being a person within paragraph 7A(1)(a) or 7B(1)(a))";

(b) for "9(a)" there shall be substituted "9(1)(a)"; and

(c) in paragraph (b), for "section 7 or, as the case may be, 53 to require the Director General, or any other member," there shall be substituted "section 9A or, as the case may be, 55A to require a member of NCIS or the National Crime Squad".

(8) In paragraph 14 of that Schedule (crown servants not eligible to vote), for "7(f) or 8(1)(h)", there shall be substituted "7(a) or (b) (by virtue of being a person within paragraph 7A(1)(c) or 7B(1)(c)), 7(c) or 8(1)(h) or (ha)".

(9) In paragraph 18 of that Schedule (co-opted members), for sub-paragraph (3) there shall be substituted--

" (3) A member of the Security Service 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 member of the Security Service. "

21 After Schedule 2, there shall be inserted the following Schedule--

" SCHEDULE 2A Further provisions about Service Authorities

Powers

1 (1) For the purpose of exercising its functions a Service Authority may, subject to the provisions of this Act--

(a) enter into contracts and other agreements (whether legally binding or not);

(b) acquire and dispose of property (including land);

(d) do such other things as the Authority thinks necessary or expedient.

(2) But the Authority may exercise a power conferred by sub-paragraph (1)(b) or (c) only with the consent of the Secretary of State.

(3) Such consent may be given--

(a) with respect to a particular case or with respect to a class of cases;

(b) subject to such conditions as the Secretary of State considers appropriate.

Committees

2 (1) A person who is not a member of a Service Authority shall not be appointed to a committee or sub-committee of the Authority unless the Secretary of State has consented to the appointment.

(2) Remuneration and allowances paid to members of committees and sub-committees of a Service Authority who are not members of the Authority shall be of such amounts as the Secretary of State may determine.

Proceedings

3 Subject to the provisions of this Schedule, each Service Authority shall regulate its own procedure.

4 (1) Each Service Authority shall make provision for a quorum for its meetings to include at least one member appointed under each of paragraphs 2, 3 and 4 of Schedule 1.

(2) Each Service Authority shall make provision for a quorum for meetings of any committee or sub-committee to include at least one member or employee of the Service Authority.

Arrangements for discharge of functions by Service Authorities

5 (1) Each Service Authority may arrange for the discharge of any of its functions by a committee, a sub-committee or an officer of the Authority.

(2) Where by virtue of this paragraph any functions of an Authority may be discharged by a committee of the Authority, then, unless the Authority otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the Authority.

(3) Where by virtue of this paragraph any functions of an Authority may be discharged by a sub-committee of the Authority, then, unless the Authority or the committee otherwise directs, the sub-committee may arrange for the discharge of any of those functions by an officer of the Authority.

(4) Any arrangements made by an Authority, a committee or sub-committee under this paragraph shall not prevent it from exercising the functions concerned.

6 (1) A Service Authority may discharge any of its functions jointly with--

(a) the other Service Authority;

(b) one or more police authorities; or

(2) Where such arrangements ("joint arrangements") are in force, the parties to the arrangements may also provide for the discharge of those functions by a joint committee of theirs or by an officer of one of them.

(3) Where, under sub-paragraph (2), joint arrangements provide that functions may be discharged by a joint committee, then, unless the parties to the arrangements otherwise direct, that committee may arrange for the discharge of any of those functions by a sub-committee of the joint committee or an officer of one of the parties to the arrangements.

(4) Where joint arrangements are in force, any enactment relating to the functions to which the arrangements relate or to the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in respect of its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

(5) For the purposes of sub-paragraph (1) "police authorities" means--

(a) police authorities for areas in England and Wales;

(b) police authorities for areas in Scotland; and

7 References in paragraphs 5 and 6 to the discharge of any of the functions of a Service Authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

8 (1) For the purposes of paragraphs 5 and 6, "officer"--

(a) in relation to the NCIS Service Authority, means the Director General of NCIS, his deputy while performing the duties of the Director General and any person employed by the Authority; and

(b) in relation to the NCS Service Authority, means the Director General of the National Crime Squad, his deputy while performing the duties of the Director General and any person employed by the Authority.

(2) Where pursuant to arrangements made by virtue of paragraph 5 or 6 the Director General of NCIS, or his deputy, may discharge functions of the NCIS Service Authority, he may arrange for the discharge of any of those functions by any other member of NCIS.

(3) Where pursuant to arrangements made by virtue of paragraph 5 or 6 the Director General of the National Crime Squad, or his deputy, may discharge functions of the NCS Service Authority, he may arrange for the discharge of any of those functions by any other member of that Squad.

Interpretation

9 In this Schedule "Service Authority" means--

(a) the NCIS Service Authority, or

(b) the NCS Service Authority. "

Part 2 Local government enactments relating to NCS Service Authority

Local Government Act 1972 (c. 70)

22 The Local Government Act 1972 shall be amended as follows.

23 In section 94 (disability of members of authorities for voting on account of interest in contracts, etc.), in subsection (5)(b) (receipts of certain allowances not to be treated as a pecuniary interest), the words "or paragraph 17 of Schedule 2 to the Police Act 1997" shall be omitted.

24 In section 98, the following shall be omitted--

(a) in subsection (1A) (application to joint authorities of provisions about members' interests), the words "and the Service Authority for the National Crime Squad"; and

(b) subsection (1B) (powers to remove a disability resulting from members' interests restricted to cases where transaction of business impeded).

25 In section 99 (meeting and proceedings of local authorities), the words ", the Service Authority for the National Crime Squad" shall be omitted.

26 In section 100J (application to joint authorities etc. of provision relating to access to meetings and documents), the following shall be omitted--

(a) subsection (1)(ea);

(b) in subsection (3), the word ", (ea)";

(d) in subsection (4), the words "or the Service Authority for the National Crime Squad".

27 In section 107 (application to police authorities of provisions relating to the discharge of functions by local authorities)--

(a) in subsection (7), for "(a), (aa) and (b)" there shall be substituted "(a) and (b)"; and

(b) subsection (8A) shall be omitted.

28 In section 146A (application to police authorities of miscellaneous powers of local authorities)--

(a) in subsection (1)--

(i) for "subsections (1A) and (1AA)" there shall be substituted "subsection (1A)"; and

(ii) for ", the Metropolitan Police Authority and the Service Authority for the National Crime Squad" there shall be substituted "and the Metropolitan Police Authority";

(b) in subsection (1A), the words "nor the Service Authority for the National Crime Squad" shall be omitted; and

29 In section 223 (appearance of local authorities in legal proceedings), in subsection (2), for ", the Metropolitan Police Authority and the Service Authority for the National Crime Squad" there shall be substituted "and the Metropolitan Police Authority".

30 In section 228 (inspection of documents), in subsection (7A), the words "or the Service Authority for the National Crime Squad" shall be omitted.

31 The words "and the Service Authority for the National Crime Squad" shall be omitted where they appear--

(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).

32 In Schedule 12 (meetings and proceedings of local authorities), the following shall be omitted--

(a) in paragraph 6A, the words "or of the Service Authority for the National Crime Squad";

(b) in paragraph 6B--

(i) in sub-paragraph (b), the words "or of the Service Authority for the National Crime Squad,"; and

(ii) sub-paragraph (c) and the word "and" immediately preceding it;

and

Local Government Act 1974 (c. 7)

33 In section 25 of the Local Government Act 1974 (authorities subject to investigation by Commission for Local Administration), in subsection (1), paragraph (caa) shall be omitted.

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

34 In section 30 of the Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration paid to deceased employees), in subsection (3), the words ", 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," shall be omitted.

35 In section 44 of that Act (interpretation), in subsection (1)(a) the words ", the Service Authority for the National Crime Squad" shall be omitted.

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

36 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)(i) of the definition of "local authority", the words ", the Service Authority for the National Crime Squad" shall be omitted; and

(b) in paragraph (aa) of the definition the words "or the Service Authority for the National Crime Squad" shall be omitted.

37 In section 99 of that Act (directions to dispose of land), in subsection (4), paragraph (dd) shall be omitted.

38 In Schedule 16 to that Act (bodies to whom provisions of Part 10 relating to registration of land apply), paragraph 5D shall be omitted.

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