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Police Act 1997 (c. 50)

(The document as of February, 2008)

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Police Act 1997

1997 CHAPTER 50

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    The National Criminal Intelligence Service

    1. The Service Authority

      1. 1. The Service Authority for the National Criminal Intelligence Service.

    2. Functions

      1. 2. General functions of the NCIS Service Authority and NCIS.

      2. 3. Objectives.

      3. 4. Service plans.

      4. 5. Annual reports.

    3. Director General and other members

      1. 6. Appointment of Director General.

      2. 7. Removal of Director General by the Authority.

      3. 8. Deputy Director General.

      4. 9. Members of NCIS.

    4. Functions of Director General

      1. 10. General function of Director General.

      2. 11. Reports by Director General to the Authority.

      3. 12. Responsibility for co-ordination of police and Security Service activities.

    5. Service Authority's officers and employees

      1. 13. Officers and employees.

      2. 14. Appointment of clerk.

      3. 15. Appointment of persons not employed by the NCIS Service Authority.

    6. Financial provisions

      1. 16. NCIS service fund.

      2. 17. Power to issue levies.

      3. 18. Initial financing of NCIS Service Authority.

      4. 19. Charges.

      5. 20. Acceptance of gifts and loans.

      6. 21. Pensions and gratuities.

    7. General provisions

      1. 22. Collaboration agreements.

      2. 23. Aid by and for NCIS.

      3. 24. Provision of special services.

    8. Central supervision and direction

      1. 25. General duty of Secretary of State.

      2. 26. Setting of objectives.

      3. 27. Setting of performance targets.

      4. 28. Codes of practice.

      5. 29. Removal of Director General etc.

      6. 30. Power to give directions after adverse report.

      7. 31. Reports from NCIS Service Authority.

      8. 32. Reports from Director General.

      9. 33. Criminal statistics.

      10. 34. Inquiries.

      11. 35. Regulations as to standard of equipment.

      12. 36<

  2. Part II

    The National Crime Squad

    1. The Service Authority

      1. 47. The Service Authority for the National Crime Squad.

    2. Functions

      1. 48. General functions of the NCS Service Authority and the National Crime Squad.

      2. 49. Objectives.

      3. 50. Service plans.

      4. 51. Annual reports.

    3. Director General and other members

      1. 52. Appointment of Director General.

      2. 53. Removal of Director General by the Authority.

      3. 54. Deputy Director General.

      4. 55. Members of the National Crime Squad.

    4. Functions of Director General

      1. 56. General function of Director General.

      2. 57. Reports by Director General to the Authority.

    5. Service Authority's officers and employees

      1. 58. Officers and employees.

      2. 59. Appointment of clerk.

      3. 60. Appointment of persons not employed by the NCS Service Authority.

    6. Financial provisions

      1. 61. NCS service fund.

      2. 62. Power to issue levies.

      3. 63. Initial financing of NCS Service Authority.

      4. 64. Charges.

      5. 65. Acceptance of gifts and loans.

      6. 66. Pensions and gratuities.

      7. 67. Revenue accounts and capital finance.

      8. 68. Financial administration.

    7. Special services

      1. 69. Provision of special services.

    8. Central supervision and direction

      1. 70. General duty of Secretary of State.

      2. 71. Setting of objectives.

      3. 72. Setting of performance targets.

      4. 73. Codes of practice.

      5. 74. Removal of Director General etc.

      6. 75. Power to give directions after adverse report.

      7. 76. Reports from NCS Service Authority.

      8. 77. Reports from Director General.

      9. 78. Criminal statistics.

      10. 79. Inquiries.

      11. 80. Regulations as to standard of equipment.

    9. Discipline and complaints

      1. 81. Discipline regulations.

      2. 82. Appeals.

  3. Part III

    Authorisation of Action in Respect of Property

    1. The Commissioners

      1. 91. The Commissioners.

    2. Authorisations

      1. 92. Effect of authorisation under Part III.

      2. 93. Authorisations to interfere with property etc.

      3. 94. Authorisations given in absence of authorising officer.

      4. 95. Authorisations: form and duration etc.

      5. 96. Notification of authorisations etc.

    3. Authorisations requiring approval

      1. 97. Authorisations requiring approval.

      2. 98. Matters subject to legal privilege.

      3. 99. Confidential personal information.

      4. 100. Confidential journalistic material.

    4. Code of Practice

      1. 101. Code of practice.

    5. Complaints etc.

      1. 102. Complaints.

      2. 103. Quashing of authorisations etc.

    6. Appeals

      1. 104. Appeals by authorising officers.

      2. 105. Appeals by authorising officers: supplementary.

      3. 106. Appeals by complainants.

    7. General

      1. 107. Supplementary provisions relating to Commissioners.

      2. 108. Interpretation of Part III.

  4. Part IV

    Police Information Technology Organisation

    1. 109. Police Information Technology Organisation.

    2. 110. Relationship between the Organisation and the Secretary of State.

    3. 111. Interpretation of Part IV.

  5. Part V

    Certificates of Criminal Records, &c.

    1. 112. Criminal conviction certificates.

    2. 113. Criminal record certificates.

    3. 114. Criminal record certificates: Crown employment.

    4. 115. Enhanced criminal record certificates.

    5. 116. Enhanced criminal record certificates: judicial appointments and Crown employment.

    6. 117. Disputes about accuracy of certificates.

    7. 118. Evidence of identity.

    8. 119. Sources of information.

    9. 120. Registered persons.

    10. 121. Performance by constables on central service in Scotland of functions under this Part.

    11. 122. Code of practice.

    12. 123. Offences: falsification, &c.

    13. 124. Offences: disclosure.

    14. 125. Regulations.

    15. 126. Interpretation of Part V.

    16. 127. Saving: disclosure of information and records.

  6. Part VI

    Miscellaneous

    1. Amendments of Police Act 1996

      1. 128. Regulations for special constables and police cadets.

      2. 129. Change of name or description of certain police areas.

    2. Amendments of Police Act (Northern Ireland) 1970

      1. 130. Members of RUC engaged on service outside their force.

      2. 131. Regulations requiring use of specified facilities or services.

      3. 132. Expenditure by Secretary of State for police purposes.

    3. Rehabilitation of Offenders

      1. 133. Rehabilitation of Offenders.

  7. Part VII

    General

    1. 134. Amendments and repeals.

    2. 135. Commencement.

    3. 136. Police: co-operation on implementation.

    4. 137. Extent.

    5. 138. Short title.

  8. Schedules:

    1. Schedule 1

      Appointment of Members of the Service Authorities.

      1. Part I

        Core Members.

      2. Part II

        Additional Members of NCIS Service Authority.

      3. Part III

        Additional Members of NCS Service Authority.

      4. Part IV

        General.

    2. Schedule 2

      Other Provisions about Members of Service Authorities.

    3. Schedule 3

      Levies Issued by NCIS Service Authority.

    4. Schedule 4

      Subject-Matter of Orders About NCIS Service Authority.

    5. Schedule 5

      Levies Issued by NCS Service Authority.

    6. Schedule 6

      Application to NCS Service Authority of Local Government Enactments.

    7. Schedule 7

      Investigation of Complaints by Commissioners etc.

    8. Schedule 8

      The Police Information Technology Organisation.

    9. Schedule 9

      Minor and Consequential Amendments.

    10. Schedule 10

      Repeals.

An Act to make provision for the National Criminal Intelligence Service and the National Crime Squad; to make provision about entry on and interference with property and with wireless telegraphy in the course of the prevention or detection of serious crime; to make provision for the Police Information Technology Organisation; to provide for the issue of certificates about criminal records; to make provision about the administration and organisation of the police; to repeal certain enactments about rehabilitation of offenders; and for connected purposes.

[21st March 1997]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I The National Criminal Intelligence Service

The Service Authority

1 The Service Authority for the National Criminal Intelligence Service

(1) There shall be a body corporate to be known as the Service Authority for the National Criminal Intelligence Service (in this Part referred to as "the NCIS Service Authority").

(2) Subject to the following provisions of this section, the NCIS Service Authority shall consist of nineteen members.

(3) The Secretary of State may by order provide that the number of members shall be a specified odd number greater than nineteen.

(4) Before making an order under subsection (3), the Secretary of State shall consult--

(a) the NCIS Service Authority (if it is then in existence),

(b) persons whom the Secretary of State considers to represent the interests of the authorities who between them maintain the police forces in Great Britain and the Royal Ulster Constabulary,

(c) persons whom the Secretary of State considers to represent the interests of chief officers of police of police forces in England and Wales, chief constables of police forces in Scotland and the Chief Constable of the Royal Ulster Constabulary, and

(d) the Commissioners of Customs and Excise.

(5) A statutory instrument containing an order under subsection (3) shall be laid before Parliament after being made.

(6) The NCIS Service Authority may co-opt such additional members as it thinks fit.

(7) Parts I, II and IV of Schedule 1 and Schedule 2 shall have effect in relation to the NCIS Service Authority.



Functions

2 General functions of the NCIS Service Authority and NCIS

(1) The NCIS Service Authority shall maintain a body to be known as the National Criminal Intelligence Service (in this Part referred to as "NCIS").

(2) The functions of NCIS shall be--

(a) to gather, store and analyse information in order to provide criminal intelligence,

(b) to provide criminal intelligence to police forces in Great Britain, the Royal Ulster Constabulary, the National Crime Squad and other law enforcement agencies, and

(c) to act in support of such police forces, the Royal Ulster Constabulary, the National Crime Squad and other law enforcement agencies carrying out their criminal intelligence activities.

(3) For the purposes of subsection (2), "law enforcement agency" includes--

(a) any government department,

(b) the States of Jersey Police Force, the salaried police force of the Island of Guernsey and the Isle of Man Constabulary,

(c) any other person charged with the duty of investigating offences or charging offenders, and

(d) any other person engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the NCIS Service Authority, NCIS, a police authority, a police force, the NCS Service Authority or the National Crime Squad.

(4) In discharging its functions, the NCIS Service Authority shall have regard to--

(a) any objectives determined by the Secretary of State under section 26,

(b) any objectives determined by the Authority under section 3,

(c) any performance targets established by the Authority, whether in compliance with a direction under section 27 or otherwise, and

(d) any service plan issued by the Authority under section 4.

(5) In discharging any function to which a code of practice issued under section 28 relates, the NCIS Service Authority shall have regard to the code.

(6) The NCIS Service Authority shall comply with any direction given to it by the Secretary of State under section 27 or 30 or under Schedule 3.

3 Objectives

(1) The NCIS Service Authority shall secure that NCIS is efficient and effective.

(2) The NCIS Service Authority shall, before the beginning of each financial year, determine objectives for that year for NCIS.

(3) Objectives determined under this section may relate to matters to which objectives determined under section 26 also relate, or to other matters, but in any event shall be so framed as to be consistent with the objectives determined under that section.

(4) Before determining objectives under this section, the NCIS Service Authority shall consult--

(a) the Director General of NCIS,

(b) persons whom it considers to represent the interests of the authorities who between them maintain the police forces in Great Britain and the Royal Ulster Constabulary,

(c) the NCS Service Authority, and

(d) the Commissioners of Customs and Excise.

4 Service plans

(1) The NCIS Service Authority shall, before the beginning of each financial year, issue a plan setting out the proposed arrangements for the carrying out by NCIS of its functions during the year ("the service plan").

(2) The service plan shall include a statement of the Authority's priorities for the year, of the financial resources expected to be available and of the proposed allocation of those resources, and shall give particulars of--

(a) any objectives determined by the Secretary of State under section 26,

(b) any objectives determined by the Authority under section 3, and

(c) any performance targets established by the Authority, whether in compliance with a direction under section 27 or otherwise.

(3) A draft of the service plan shall be prepared by the Director General of NCIS and submitted by him to the Authority for it to consider.

(4) Before issuing a service plan which differs from the draft submitted by the Director General under subsection (3), the Authority shall consult the Director General.

(5) The Authority shall arrange for every service plan issued by it under this section to be published in such manner as appears to it to be appropriate, and shall send a copy of the plan to--

(a) the Secretary of State,

(b) each police authority for an area in Great Britain, each joint police board (within the meaning of the [1967 c. 77.] Police (Scotland) Act 1967) and the Police Authority for Northern Ireland,

(c) the chief officer of police of each police force in England and Wales, the chief constable of each police force in Scotland and the Chief Constable of the Royal Ulster Constabulary,

(d) the NCS Service Authority,

(e) the Director General of the National Crime Squad, and

(f) the Commissioners of Customs and Excise.

5 Annual reports

(1) The NCIS Service Authority shall, as soon as possible after the end of each financial year, issue a report on the carrying out of its functions during that year.

(2) A report issued under this section for any year shall include an assessment of the extent to which the service plan for that year issued under section 4 has been carried out.

(3) The NCIS Service Authority shall arrange for every report issued by it under this section to be published in such manner as appears to it to be appropriate, and shall send a copy of the report to--

(a) the Secretary of State,

(b) each police authority for an area in Great Britain, each joint police board (within the meaning of the [1967 c. 77.] Police (Scotland) Act 1967) and the Police Authority for Northern Ireland,

(c) the chief officer of police of each police force in England and Wales, the chief constable of each police force in Scotland and the Chief Constable of the Royal Ulster Constabulary,

(d) the NCS Service Authority,

(e) the Director General of the National Crime Squad, and

(f) the Commissioners of Customs and Excise.



Director General and other members

6 Appointment of Director General

(1) NCIS shall have a Director General appointed by the NCIS Service Authority on such terms and conditions as the Authority considers appropriate.

(2) The Director General shall be chosen by a panel of members of the Authority from a list of persons eligible for appointment which has been prepared by that panel and approved by the Secretary of State.

(3) A person shall be eligible for appointment as Director General for the purposes of subsection (2) if--

(a) he holds the rank of chief constable in a police force in Great Britain or in the Royal Ulster Constabulary,

(b) he is the Commissioner, an Assistant Commissioner or a Deputy Assistant Commissioner of Police of the Metropolis,

(c) he is the Commissioner of Police for the City of London, or

(d) he is, in accordance with regulations under section 50 of the [1996 c. 16.] Police Act 1996, section 26 of the [1967 c. 77.] Police (Scotland) Act 1967 or section 25 of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970, a constable eligible for appointment to any of the ranks or posts mentioned in paragraphs (a) to (c).

(4) The panel mentioned in subsection (2) shall be convened by the chairman of the NCIS Service Authority and shall consist only of members of that Authority appointed--

(a) by the Secretary of State (other than under paragraph 6, 7(f) or 8(1)(h) of Schedule 1), or

(b) by local authority members of police authorities for areas in England and Wales (as defined in paragraph 14 of that Schedule), members of police authorities for areas in Scotland or members of the Police Authority for Northern Ireland.

(5) The Director General shall, on appointment, be attested as a constable by making a declaration in the form set out in Schedule 4 to the Police Act 1996 before a justice of the peace appointed for an area in England and Wales.

(6) Without prejudice to any other enactment conferring powers on constables for particular purposes, the Director General shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

(7) The Director General shall hold the rank of chief constable.

(8) In subsection (6)--

  • "powers" includes powers under any enactment, whenever passed or made;

  • "United Kingdom waters" means the sea and other waters within the seaward limits of the territorial sea;

and that subsection, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.

7 Removal of Director General by the Authority

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

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

(3) A Director General 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 upon between him and the Authority.

8 Deputy Director General

(1) The Director General of NCIS shall designate a member of NCIS appointed under section 9, other than a member appointed by the Director General by virtue of subsection (8) of that section, to exercise all the powers and duties of the Director General--

(a) during any absence, incapacity or suspension from duty of the Director General, or

(b) during any vacancy in the office of Director General.

(2) The Director General shall consult the NCIS Service Authority before designating a member under subsection (1).

(3) No more than one person shall be authorised to act by virtue of a designation under subsection (1) at any one time; and a person so authorised shall not have power to act by virtue of that subsection for a continuous period exceeding three months except with the consent of the Secretary of State.

9 Members of NCIS

(1) NCIS shall consist of--

(a) the Director General of NCIS appointed under section 6,

(b) persons appointed by the NCIS Service Authority under this paragraph as police members of NCIS, and

(c) other persons appointed by the NCIS Service Authority under this paragraph to be members of NCIS as employees of the Authority.

(2) A person shall be appointed as a police member of NCIS only if--

(a) he is appointed to the rank of assistant chief constable in NCIS and he met the requirements of subsection (3) immediately prior to his being appointed, or

(b) he is engaged with NCIS on a period of temporary service to which section 97 of the [1996 c. 16.] Police Act 1996, section 38A of the [1967 c. 77.] Police (Scotland) Act 1967 or section 21 of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970 applies.

(3) A person meets the requirements of this subsection if--

(a) he holds the rank of assistant chief constable or a higher rank in a police force in Great Britain or in the Royal Ulster Constabulary,

(b) he holds the rank of commander or a higher rank in the metropolitan police force or in the City of London police force, or

(c) he is, in accordance with regulations under section 50 of the Police Act 1996, section 26 of the Police (Scotland) Act 1967 or section 25 of the Police Act (Northern Ireland) 1970, a constable eligible for appointment to the rank of assistant chief constable or commander in any of the police forces, or in the Constabulary, mentioned in paragraph (a) or (b).

(4) Subsections (5), (6) and (8) of section 6 apply to a police member to whom subsection (2)(a) above applies as they apply to the Director General of NCIS.

(5) A person appointed under subsection (1)(b) or (c) shall be appointed on such terms and conditions as the NCIS Service Authority considers appropriate.

(6) Before making an appointment under subsection (1)(b) or (c), or determining the terms and conditions on which such an appointment is to be made, the NCIS Service Authority shall consult the Director General of NCIS.

(7) A police member to whom subsection (2)(b) applies shall cease to be a member of NCIS at the end of his period of temporary service (unless re-appointed under this section).

(8) Where an order under section 44 authorises the NCIS Service Authority to make arrangements for the discharge of its functions by the Director General of NCIS, the Authority shall exercise its powers under that order so as to secure that, subject to subsection (9) below, the Director General appoints persons under subsection (1)(b) or (c) to be members of NCIS.

(9) Subsection (8) shall not apply to--

(a) the appointment of any person to whom subsection (2)(a) applies as a police member, or

(b) the appointment of such other persons as may be agreed between the Director General and the Authority or, in the absence of agreement, as may be determined by the Secretary of State.

(10) Section 7 applies to a member appointed under this section, other than a member appointed by the Director General by virtue of subsection (8) above, as it applies to the Director General.



Functions of Director General

10 General function of Director General

(1) NCIS shall be under the direction and control of the Director General.

(2) In discharging his functions, the Director General shall have regard to the service plan issued by the NCIS Service Authority under section 4.

11 Reports by Director General to the Authority

(1) The Director General of NCIS shall, as soon as possible after the end of each financial year, submit to the NCIS Service Authority a general report on the activities of NCIS during that year.

(2) The Director General shall arrange for a report submitted by him under subsection (1) to be published in such manner as appears to him to be appropriate.

(3) The NCIS Service Authority may require the Director General to submit to it a report on such matters connected with the activities of NCIS as may be specified in the requirement.

(4) A report submitted under subsection (3) shall be in such form as the Authority may specify.

(5) If it appears to the Director General that a report in compliance with a requirement under subsection (3) would contain information which in the public interest ought not to be disclosed, or is not needed for the discharge of the functions of the Authority, he may request the Authority to refer the requirement to the Secretary of State; and in any such case the requirement shall be of no effect unless it is confirmed by the Secretary of State.

(6) The Authority may arrange, or require the Director General to arrange, for a report submitted under subsection (3) to be published in such manner as appears to the Authority to be appropriate.

12 Responsibility for co-ordination of police and Security Service activities

In section 2(2) of the [1989 c. 5.] Security Service Act 1989 (which imposes duties on the Director-General of the Security Service), in paragraph (c) (which provides for the Secretary of State to designate the person responsible for co-ordinating police and Security Service activities) for "a person designated by the Secretary of State" there shall be substituted "the Director General of the National Criminal Intelligence Service".



Service Authority's officers and employees

13 Officers and employees

(1) The NCIS Service Authority may appoint officers and employees to enable it to discharge its functions.

(2) Persons appointed under this section shall be appointed on such terms and conditions as the NCIS Service Authority considers appropriate.

14 Appointment of clerk

The NCIS Service Authority shall appoint a person to be the clerk to the Authority.

15 Appointment of persons not employed by the NCIS Service Authority

Where the NCIS Service Authority is required or authorised by any Act--

(a) to appoint a person to a specified office under the Authority, or

(b) to designate a person as having specified duties or responsibilities,

then, notwithstanding any provision of that Act to the contrary, the Authority may appoint or designate either a person employed by the Authority under section 13, or a person not holding any office or employment under the Authority.



Financial provisions

16 NCIS service fund

(1) The NCIS Service Authority shall keep a fund to be known as the NCIS service fund.

(2) Subject to any regulations under the [1976 c. 35.] Police Pensions Act 1976 and to section 21 below, all receipts of the Authority shall be paid into the NCIS service fund and all expenditure of the Authority shall be paid out of that fund.

(3) Accounts shall be kept by the Authority of payments made into or out of the NCIS service fund.

17 Power to issue levies

(1) The NCIS Service Authority shall, in respect of every financial year beginning after the establishment of that Authority, issue levies to--

(a) police authorities for areas in England and Wales (other than the metropolitan police district), and

(b) the Receiver for the Metropolitan Police District.

(2) The Secretary of State shall, by order, make provision in relation to the calculation, setting, collection, administration and payment of levies under this section.

(3) An order under this section may include provision--

(a) as to apportionment of levies issued under this section;

(b) conferring a right to interest on anything unpaid.

(4) An order under this section may also include provision--

(a) that the Common Council of the City of London making calculations in accordance with section 32 of the [1992 c. 14.] Local Government Finance Act 1992 (originally or by way of substitute) may anticipate a levy;

(b) that a police authority established under section 3 of the Police Act 1996, or the Receiver for the Metropolitan Police District, making calculations in accordance with section 43 of the Local Government Finance Act 1992 (originally or by way of substitute) may anticipate a levy;

(c) as to the treatment as special expenses of amounts so anticipated;

(d) as to the treatment of any levy actually issued.

(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Schedule 3 (which makes further provision in connection with levies under this section) shall have effect.

18 Initial financing of NCIS Service Authority

The Secretary of State may make grants to the NCIS Service Authority in respect of expenditure incurred (or to be incurred) by it at any time before the financial year in which revenue is first received by it as a result of levies issued by it under section 17.

19 Charges

(1) The NCIS Service Authority may make charges in respect of the provision of any services, or an agreement for the provision of any services, to any person by the Authority or by NCIS.

(2) Any charges made under this section may include amounts calculated by reference to the expenditure incurred or expected to be incurred by the NCIS Service Authority, or by NCIS, otherwise than directly in connection with the provision of the services concerned.

20 Acceptance of gifts and loans

(1) The NCIS Service Authority may, in connection with the discharge of any of its functions, accept gifts of money, and gifts or loans of other property, on such terms as appear to the Authority to be appropriate.

(2) The terms on which gifts or loans are accepted under subsection (1) may include terms providing for the commercial sponsorship of any activity of the Authority or of NCIS.

21 Pensions and gratuities

(1) The NCIS Service Authority may--

(a) pay, or make payments in respect of, pensions or gratuities to or in respect of any persons who are, or have been, its officers or employees;

(b) provide and maintain schemes (whether contributory or not) for the payment of pensions or gratuities to or in respect of any such persons.

(2) The NCIS Service Authority may--

(a) pay, or make payments in respect of, such pensions or gratuities as it may determine, with the consent of the Secretary of State, to or in respect of any persons who are or have been the Director General of NCIS or police members of NCIS;

(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 to or in respect of any such persons.

(3) Before exercising its powers under subsection (2), the Authority shall have regard to any provision made under the [1976 c. 35.] Police Pensions Act 1976 or section 25(2)(k) of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970.

(4) References in this section to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of any of the persons mentioned in subsection (1) or (2) who suffer loss of office or employment or loss or diminution of emoluments.



General provisions

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22 Collaboration agreements

(1) If it appears to the Director General of NCIS and to--

(a) the chief officers of police of one or more police forces in England and Wales, or

(b) the chief constables of one or more police forces in Scotland, or

(c) the Chief Constable of the Royal Ulster Constabulary, or

(d) the Director General of the National Crime Squad,

that any police functions can more efficiently or effectively be discharged by members of NCIS and members of their respective forces or, as the case may be, the Squad acting jointly, they may, with the approval of the appropriate authorities, enter into an agreement for that purpose.

(2) For the purposes of this section, the "appropriate authorities" means the NCIS Service Authority and--

(a) in relation to an agreement entered by a chief officer of police of a police force in England and Wales, the police authority which maintains that force,

(b) in relation to an agreement entered by a chief constable of a police force in Scotland, the police authority which maintains that force or, as the case may be, the police authorities for the police areas comprised in a combined area,

(c) in relation to an agreement entered by the Chief Constable of the Royal Ulster Constabulary, the Police Authority for Northern Ireland, and

(d) in relation to an agreement entered by the Director General of the National Crime Squad, the NCS Service Authority.

(3) In subsection (1) "police functions" includes the functions of NCIS and, in the case of an agreement entered by the Director General of the National Crime Squad, the functions of that Squad.

(4) If it appears to the NCIS Service Authority and to--

(a) one or more police authorities for areas in England and Wales, or

(b) one or more police authorities for areas (or combined areas) in Scotland, or

(c) the Police Authority for Northern Ireland, or

(d) the NCS Service Authority,

that any premises, equipment or other material or facilities can with advantage be provided jointly for NCIS and the forces maintained by the authorities concerned or, as the case may be, the National Crime Squad, they may enter an agreement for that purpose.

(5) Any expenditure incurred under an agreement made under this section shall be borne--

(a) in the case of an agreement under subsection (1), by the appropriate authorities who approved it, and

(b) in the case of an agreement under subsection (4), by the parties to it,

in such proportions as they may agree or as may, in the absence of agreement, be determined by the Secretary of State.

(6) An agreement under subsection (1) or (4) may be varied or determined by a subsequent agreement.

(7) If it appears to the Secretary of State that any party should enter an agreement to which subsection (1), (4) or (6) applies, the Secretary of State may, after considering any representations made by the party concerned, direct the party to enter into such an agreement under those provisions as may be specified in the direction.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

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