Criminal Justice and Police Act 2001 (c. 16)

(The document as of February, 2008)

-- Back --

Page 8

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14

(ii) in a case in which more than one vice-chairman is present at the meeting, the vice-chairman chosen by the members present; and

(iii) in any other case, the member chosen by the members present; " .

105 Political balance on police authorities

(1) In paragraph 4(1) of Schedule 2 to the 1996 Act (balance of parties on council to be reflected in appointments to police authority), for the words from "the members for" onwards there shall be substituted " in the case of the members for whose appointment it is responsible, the proportion who are members of any given party--

(a) where it is a council that is responsible for their appointment, is the same as the proportion of the members of the council who are members of that party; and

(b) where it is a joint committee that is so responsible, is the same as the proportion of the members of the relevant councils taken as a whole who are members of that party. "

(2) In paragraph 2(3) of Schedule 2A to that Act (which makes corresponding provision for the Metropolitan Police Authority), for the words from "the members for" onwards there shall be substituted "in the case of the members of the Authority who are members of the London Assembly appointed under this paragraph, the proportion who are members of any given party is the same as the proportion of the members of the London Assembly who are members of that party".

106 Removal of age qualification for membership

(1) The following provisions (which disqualify persons of more than seventy years old from membership of police authorities etc. and from selection panels of police authorities) shall cease to have effect--

(a) paragraph 10 of Schedule 2 to the 1996 Act (police authorities outside London);

(b) paragraph 1(b) of Schedule 2 to the 1997 Act (service authorities for the National Crime Squad and the National Criminal Intelligence Service).

(2) Accordingly, in paragraphs 12 to 14 of Schedule 2 to the 1996 Act, for the words "paragraphs 10 and 11", wherever they occur, there shall be substituted "paragraph 11".

107 Payment of allowances to authority members etc.

(1) In each of the following provisions (which provide for the members of certain authorities to be made such payments by way of reimbursement of expenses and allowances as the Secretary of State may determine), the words "and allowances" shall be omitted--

(a) paragraph 25(1) of Schedule 2 to the 1996 Act (police authorities outside London);

(b) paragraph 20(1) of Schedule 2A to that Act (the Metropolitan Police Authority);

(2) After paragraph 25 of Schedule 2 to the 1996 Act (the police authorities outside London) there shall be inserted--

" Allowances for members etc.

25A (1) Subject to the following provisions of this paragraph, a police authority may make to its chairman, vice-chairmen and other members such payments by way of allowances as the authority may determine.

(2) Subject to sub-paragraph (6), no payment shall be made under this paragraph except in accordance with arrangements published by the authority not more than twelve months before the making of the payment.

(3) A police authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by the authority.

(4) It shall be the duty of a police authority, when making or revising any arrangements made for the purposes of this paragraph, to have regard to any guidance given by the Secretary of State about the payment of allowances.

(5) Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice chairman or other member or is appointed under paragraph 2, 5 or 8.

(6) The Secretary of State may by regulations impose such limits as may be provided for by or under the regulations on the payments that may be made under this paragraph.

(7) A statutory instrument containing regulations under sub-paragraph (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Members of standards committees

25B Paragraphs 25 and 25A shall have effect in relation to a police authority as if references to members of the authority included references to persons who are not members of the authority but are members of the authority's standards committee; and the power to make different payments according to the recipient shall include power to make different payments to persons who are not members of the authority but are members of the authority's standards committee. "

(3) After paragraph 20 of Schedule 2A to that Act (the Metropolitan Police Authority) there shall be inserted--

" Allowances for members etc.

20A (1) Subject to the following provisions of this paragraph, the Metropolitan Police Authority may make to its chairman, vice-chairmen and other members such payments by way of allowances as that Authority may determine.

(2) Subject to sub-paragraphs (6) and (7), no payment shall be made under this paragraph except in accordance with arrangements published by the Metropolitan Police Authority not more than twelve months before the making of the payment.

(3) The Metropolitan Police Authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by that Authority.

(4) It shall be the duty of the Metropolitan Police Authority, when making or revising any arrangements made for the purposes of this paragraph, to have regard to any guidance given by the Secretary of State about the payment of allowances.

(5) Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice chairman or one of the other members of the Metropolitan Police Authority, or is appointed under paragraph 3 or 5.

(6) No payment shall be made under this paragraph to any member of the Metropolitan Police Authority who is also a member of the London Assembly.

(7) The Secretary of State may by regulations impose such limits as may be provided for by or under the regulations on the payments that may be made under this paragraph.

(8) A statutory instrument containing regulations under sub-paragraph (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Members of standards committees

20B Paragraphs 20 and 20A shall have effect in relation to the Metropolitan Police Authority as if references to the members of that Authority included references to persons who are not members of that Authority but are members of the Authority's standards committee; and the power to make different payments according to the recipient shall include power to make different payments to persons who are not members of that Authority but are members of the Authority's standards committee. "

(4) After paragraph 17 of Schedule 2 to the 1997 Act (the Service Authorities for NCS and NCIS), there shall be inserted--

" Allowances for members etc.

17A (1) Subject to the following provisions of this paragraph, a Service Authority may make to its chairman, vice-chairmen and other members such payments by way of allowances as that Service Authority may determine.

(2) Subject to sub-paragraphs (6) and (7), no payment shall be made under this paragraph except in accordance with arrangements published by the Service Authority not more than twelve months before the making of the payment.

(3) A Service Authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by that Authority.

(4) It shall be the duty of a Service Authority, when making or revising any arrangements made for the purposes of this paragraph, to have regard to any guidance given by the Secretary of State about the payment of allowances.

(5) Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice chairman a core member or another member.

(6) No payment shall be made under this paragraph to--

(a) any member of a Service Authority appointed under paragraph 3, 6 or 6A of Schedule 1,

(b) any member of a Service Authority appointed, otherwise than by virtue of his being within paragraph 7A(1)(b) or 7B(1)(b), under paragraph 7A of that Schedule; or

(c) any member of a Service Authority appointed under paragraph 8(1)(b), (c), (d), (h), (ha) or (i), 9(1)(a) or 10(1)(b) of that Schedule.

(7) The Secretary of State may by regulations impose such limits as may be provided for by or under the regulations on the payments that may be made under this paragraph.

(8) A statutory instrument containing regulations under sub-paragraph (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

Constitution of the Service Authorities for NCIS and NCS

108 Number and appointment of members

(1) In section 1 of the 1997 Act (establishment of the Service Authority for the National Criminal Intelligence Service), in each of subsections (2) and (3) (which make provision about the number of members of the Authority), for "nineteen" there shall be substituted "eleven".

(2) In section 47 of the 1997 Act (establishment of the Service Authority for the National Crime Squad), in each of subsections (2) and (3) (which make provision about the number of members of the Authority), for "seventeen" there shall be substituted "eleven".

(3) Schedule 5 (which amends the provision made for the appointment of members of the Service Authorities in Schedule 1 to the 1997 Act) shall have effect.

109 Transitional provision relating to section 108 etc

(1) An order under section 138(2) bringing into force section 108 and Schedule 5 may include such transitional provision as appears to the Secretary of State to be necessary or expedient.

(2) In particular, such an order may--

(a) provide that the persons who are members of one or both of the Service Authorities, immediately before the relevant provisions come into force, shall be treated as having resigned, in accordance with Schedule 2 to the 1997 Act, at that time;

(b) make provision to ensure that members ("the new members") are appointed to the Service Authorities in accordance with the 1997 Act, as amended by this Act, with effect from the time the relevant provisions come into force; and

(c) provide that (notwithstanding the coming into force of the relevant provisions and the appointment of the new members) for such purposes and in respect of such period as may be specified in the order--

(i) Parts 1 and 2 of the 1997 Act shall continue to have effect as if sections 108 and 128 of, and Schedules 5 and 6 to, this Act had not been enacted, and

(ii) any provision made under paragraph (a) shall not apply.

(3) For the purposes of subsection (2)--

"the relevant provisions" means section 108 and Schedule 5; and
"the Service Authorities" means the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad.

(4) In relation to any time before the coming into force of section 2(3) of the Police (Northern Ireland) Act 2000 (c. 32), the references to the Northern Ireland Policing Board in paragraph 7B of Schedule 1 to the 1997 Act (inserted by Schedule 5 to this Act) shall be construed as references to the Police Authority for Northern Ireland.

Financial provisions for NCIS Service Authority

110 Preparation of budget statement by NCIS Service Authority

After section 16 of the 1997 Act (NCIS service fund) there shall be inserted--

" 16A Budget statement

(1) The NCIS Service Authority shall, before the beginning of each financial year, submit to the Secretary of State a budget statement for that year.

(2) In this section references to a budget statement for a financial year are to a statement of the amount which the Authority estimates it requires by way of grant under section 17 for that year.

(3) In preparing a budget statement for a financial year, 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 in that year, whether by way of payments under section 18A or by way of charges imposed by the Authority under section 19, or otherwise,

(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.

(4) A budget statement submitted under subsection (1) shall be in such form, and contain such information, as may be prescribed.

(5) Where the NCIS Service Authority has submitted a budget statement for a financial year, it shall notify the Secretary of State, as soon as is practicable, of any change in circumstances which results in a material change (whether an increase or a reduction) in the amount required (or expected to be required) by it by way of grant under section 17 for that year.

(6) In this section "prescribed" means prescribed by an order made by the Secretary of State.

(7) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of the House of Commons. "

111 Funding of NCIS Service Authority

For section 17 of the 1997 Act (which empowers the NCIS Service Authority to issue levies to police authorities in England and Wales) there shall be substituted--

" 17 Grants from the Secretary of State

(1) The Secretary of State shall for each financial year make a grant to the NCIS Service Authority.

(2) If the Authority fails, in relation to a financial year,--

(a) to submit to the Secretary of State a budget statement in accordance with section 16A, or

(b) to comply with a requirement under section 17A(1),

subsection (1) above shall not apply in respect of that year, but the Secretary of State may make a grant to the Authority for that year.

(3) For every financial year the Secretary of State shall determine the amount of the grant to be made under this section; and a determination under this subsection may be varied by a subsequent determination under this subsection.

(4) If the Secretary of State considers it appropriate, he may make any payment of grant under this section on conditions.

(5) The conditions may (among other things)--

(a) regulate the purposes for which the payment or any part of it may be used;

(b) require repayment to the Secretary of State in specified circumstances.

17A Provision supplemental to section 17

(1) The Secretary of State may require the NCIS Service Authority to provide him, in connection with the exercise of his functions under section 17, with such information as he may specify, within such period as he may specify.

(2) Where the Secretary of State makes a determination under section 17, he shall prepare a report--

(a) setting out the determination (including any conditions imposed by virtue of section 17(4)), and

(b) stating the considerations which he took into account in making it.

(3) A copy of every report prepared under subsection (2) shall--

(a) be sent to the NCIS Service Authority, and

(b) be laid before the House of Commons.

(4) A grant to the NCIS Service Authority under section 17 shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may determine; and any such time may fall within or after the financial year concerned.

(5) Where in consequence of a further determination under section 17(3) the amount of the Authority's grant is less than the amount already paid to it for the year, a sum equal to the difference shall be paid by the Authority to the Secretary of State at such time as he may specify. "

112 Duty of NCIS Service Authority to prepare accounts

After section 21 of the 1997 Act (pensions and gratuities) there shall be inserted--

" 21A Accounts

(1) The NCIS Service Authority shall--

(a) keep proper accounts and proper records in relation to the accounts,

(b) prepare a statement of accounts in respect of each financial year, and

(c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General within such period following the end of the financial year to which it relates as the Secretary of State may specify.

(2) A statement of accounts under subsection (1) shall be in such form, and contain such information, as the Secretary of State may direct.

(3) Before specifying a period for the purposes of subsection (1)(c), or giving a direction under subsection (2), the Secretary of State must consult the Scottish Ministers.

(4) The Comptroller and Auditor General shall--

(a) examine, certify and report on the statement of accounts, and

(b) lay copies of the statement and of his report before each House of Parliament. "

Financial provisions for NCS Service Authority

113 Preparation of budget statement by NCS Service Authority

After section 61 of the 1997 Act (NCS service fund) there shall be inserted--

" 61A Budget statement

(1) The NCS Service Authority shall, before the beginning of each financial year, submit to the Secretary of State a budget statement for that year.

(2) In this section references to a budget statement for a financial year are to a statement of the amount which the Authority estimates it requires by way of grant under section 62 for that year.

(3) In preparing a budget statement for a financial year, the Authority shall take account of--

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

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

(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.

(4) A budget statement submitted under subsection (1) shall be in such form, and contain such information, as may be prescribed.

(5) Where the NCS Service Authority has submitted a budget statement for a financial year, it shall notify the Secretary of State, as soon as is practicable, of any change in circumstances which results in a material change (whether an increase or a reduction) in the amount required (or expected to be required) by it by way of grant under section 62 for that year.

(6) In this section "prescribed" means prescribed by an order made by the Secretary of State.

(7) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of the House of Commons. "

114 Funding of NCS Service Authority

For section 62 of the 1997 Act (which empowers the NCS Service Authority to issue levies to police authorities in England and Wales) there shall be substituted--

" 62 Grants from the Secretary of State

(1) The Secretary of State shall for each financial year make a grant to the NCS Service Authority.

(2) If the Authority fails, in relation to a financial year,--

(a) to submit to the Secretary of State a budget statement in accordance with section 61A, or

(b) to comply with a requirement under section 62A(1),

subsection (1) above shall not apply in respect of that year, but the Secretary of State may make a grant to the Authority for that year.

(4) If the Secretary of State considers it appropriate, he may make any payment of grant under this section on conditions.

(5) The conditions may (among other things)--

(a) regulate the purposes for which the payment or any part of it may be used;

(b) require repayment to the Secretary of State in specified circumstances.

62A Provision supplemental to section 62

(1) The Secretary of State may require the NCS Service Authority to provide him, in connection with the exercise of his functions under section 62, with such information as he may specify, within such period as he may specify.

(2) Where the Secretary of State makes a determination under section 62 he shall prepare a report--

(a) setting out the determination (including any conditions imposed by virtue of section 62(4)), and

(b) stating the considerations which he took into account in making it.

(3) A copy of every report prepared under subsection (2) shall--

(a) be sent to the NCS Service Authority, and

(b) be laid before the House of Commons.

(4) A grant to the NCS Service Authority under section 62 shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may determine; and any such time may fall within or after the financial year concerned.

(5) Where in consequence of a further determination under section 62(3) the amount of the Authority's grant is less than the amount already paid to it for the year, a sum equal to the difference shall be paid by the Authority to the Secretary of State at such time as he may specify. "

115 Duty of NCS Service Authority to prepare accounts

After section 66 of the 1997 Act (pensions and gratuities) there shall be inserted--

" 66A Accounts

(1) The NCS Service Authority shall--

(a) keep proper accounts and proper records in relation to the accounts,

(b) prepare a statement of accounts in respect of each financial year, and

(2) A statement of accounts under subsection (1) shall be in such form, and contain such information, as the Secretary of State may direct.

(3) The Comptroller and Auditor General shall--

(a) examine, certify and report on the statement of accounts, and

(b) lay copies of the statement and of his report before each House of Parliament. "

Director General and other members of NCIS

116 Appointment of NCIS Director General

(1) Section 6 of the 1997 Act (appointment of Director General) shall be amended as follows.

(2) In subsection (1)--

(a) for "NCIS Service Authority" there shall be substituted "Secretary of State", and

(b) for "the Authority" there shall be substituted "he".

(3) After that subsection, there shall be inserted--

" (1A) The NCIS Service Authority shall pay to the Director General such remuneration and allowances as the Secretary of State may determine. "

(4) In subsection (2)--

(a) for "a panel of members of the Authority" there shall be substituted "the Secretary of State",

(b) for "that panel" there shall be substituted "a panel of members of the NCIS Service Authority", and

(5) After subsection (2) there shall be inserted--

" (2A) Where an appointment falls to be made under this section and a list has been approved by the Secretary of State for the purposes of subsection (2), the panel mentioned in that subsection may make, to the Secretary of State, such recommendations as it thinks fit.

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

(a) have regard to any recommendations made to him under subsection (2A), and

(b) consult the Scottish Ministers. "

(6) In subsection (4)(a), the words "(other than under paragraph 6, 7(f) or 8(1)(h) of Schedule 1)" shall be omitted.

(7) An order under section 138(2) bringing into force subsections (1) to (6) of this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient.

117 Removal of NCIS members (other than the Director General)

After section 9 of the 1997 Act (members of NCIS) there shall be inserted--

" 9A Removal of certain members appointed under section 9

(1) Without prejudice to section 21 or to any regulations under section 37 or under the Police Pensions Act 1976 (c. 35), the NCIS Service Authority, acting with the approval of the Secretary of State, may call upon a member of NCIS appointed under section 9 to retire in the interests of efficiency or effectiveness.

(2) Subsection (1) does not apply to any member of NCIS appointed by the Director General by virtue of section 9(8).

(3) Before seeking the approval of the Secretary of State for the purposes of subsection (1), the Authority shall give the member concerned an opportunity to make representations and shall consider any representations that he makes.

(4) Before giving an approval for the purposes of subsection (1), the Secretary of State shall consult the Scottish Ministers.

(5) A member who is called upon to retire under subsection (1) shall retire on such date as the Authority may specify or on such earlier date as may be agreed between him and the Authority. "

118 Removal of NCIS Director General, etc.

(1) In section 29 of the 1997 Act (removal of Director General at direction of the Secretary of State) for subsections (1) to (3) there shall be substituted--

" (1) Without prejudice to section 21 or to any regulations under section 37 or under the Police Pensions Act 1976 (c. 35), the Secretary of State may--

(a) call upon the Director General of NCIS to retire in the interests of efficiency or effectiveness, or

(b) require the NCIS Service Authority to exercise its power under section 9A to call upon a member of NCIS (other than a member to which subsection (2) of that section applies) to retire in the interests of efficiency or effectiveness.

(2) Before exercising his powers under subsection (1)(a) in relation to the Director General, or under subsection (1)(b) in relation to any other member, the Secretary of State shall--

(a) give the person concerned an opportunity to make representations,

(b) consider any representations that he makes, and

(3) Where representations are made under subsection (2), the Secretary of State may, and in a case where he proposes to exercise his power under subsection (1)(a) or (b) shall, appoint one or more persons to hold an inquiry and report to him. "

(2) After subsection (6) of that section there shall be inserted--

" (7) A Director General who is called upon to retire under subsection (1)(a) shall retire on such date as the Secretary of State may specify or on such earlier date as may be agreed between the Director General and the Secretary of State. "

Director General and other members of NCS

119 Appointment of NCS Director General

(1) Section 52 of the 1997 Act (appointment of Director General) shall be amended as follows.

(2) In subsection (1)--

(a) for "NCS Service Authority" there shall be substituted "Secretary of State", and

(b) for "the Authority" there shall be substituted "he".

(3) After that subsection, there shall be inserted--

" (1A) The NCS Service Authority shall pay to the Director General such remuneration and allowances as the Secretary of State may determine. "

(4) In subsection (2)--

(a) for "a panel of members of the Authority" there shall be substituted "the Secretary of State", and

(b) for "that panel" there shall be substituted "a panel of members of the NCS Service Authority".

(5) After subsection (2), there shall be inserted--

(2B) Before making an appointment under this section, the Secretary of State shall have regard to any recommendations made to him under subsection (2A). "

(6) In subsection (4)(a), the words "(other than under paragraph 6 of Schedule 1)" shall be omitted.

(7) An order under section 138(2) bringing into force subsections (1) to (6) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient.

120 Removal of NCS members (other than the Director General)

After section 55 of the 1997 Act (members of the National Crime Squad) there shall be inserted--

" 55A Removal of certain members appointed under section 55

(1) Without prejudice to section 66 or to any regulations under section 81 or under the Police Pensions Act 1976 (c. 35), the NCS Service Authority, acting with the approval of the Secretary of State, may call upon a member of the National Crime Squad appointed under section 55 to retire in the interests of efficiency or effectiveness.

(2) Subsection (1) does not apply to any member of the National Crime Squad appointed by the Director General by virtue of section 55(8).

(4) A member who is called upon to retire under subsection (1) shall retire on such date as the Authority may specify or on such earlier date as may be agreed between him and the Authority. "

121 Removal of NCS Director General etc.

(1) In section 74 of the 1997 Act (removal of Director General at direction of Secretary of State), for subsections (1) to (3) there shall be substituted--

" (1) Without prejudice to section 66 or to any regulations under section 81 or under the Police Pensions Act 1976 (c. 35), the Secretary of State may--

(a) call upon the Director General of the National Crime Squad to retire in the interests of efficiency or effectiveness, or

(b) require the NCS Service Authority to exercise its power under section 55A to call upon a member of the National Crime Squad (other than a member to which subsection (2) of that section applies) to retire in the interests of efficiency or effectiveness.

(2) Before exercising his powers under subsection (1)(a) in relation to the Director General, or under subsection (1)(b) in relation to any other member, the Secretary of State shall--

(a) give the person concerned an opportunity to make representations, and

(b) consider any representations that he makes.

(2) After subsection (6) of that section there shall be inserted--

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14

-- Back --

Stat