Police Act 1997
1997 Chapter 50 - continued
PART I, THE NATIONAL CRIMINAL INTELLIGENCE SERVICE - continued
Director General and other members - continued
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Deputy Director General.     8. - (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.
 
Members of NCIS.     9. - (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 Police Act 1996, section 38A of the Police (Scotland) Act 1967 or section 21 of the 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
General function of Director General.     10. - (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.
 
Reports by Director General to the Authority.     11. - (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.
 
Responsibility for co-ordination of police and Security Service activities.     12. In section 2(2) of the 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
Officers and employees.     13. - (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.
 
Appointment of clerk.     14. The NCIS Service Authority shall appoint a person to be the clerk to the Authority.
 
Appointment of persons not employed by the NCIS Service Authority.     15. 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
NCIS service fund.     16. - (1) The NCIS Service Authority shall keep a fund to be known as the NCIS service fund.
 
      (2) Subject to any regulations under the 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.
 
Power to issue levies.     17. - (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 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.
 
Initial financing of NCIS Service Authority.     18. 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.
 
Charges.     19. - (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.
 
Acceptance of gifts and loans.     20. - (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.
 
Pensions and gratuities.     21. - (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 Police Pensions Act 1976 or section 25(2)(k) of the 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.
 
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© Crown copyright 1997
Prepared 16 April 1997