Police Act 1997
1997 Chapter 50 - continued
PART I, THE NATIONAL CRIMINAL INTELLIGENCE SERVICE - continued
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General provisions
Collaboration agreements.     22. - (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.
 
      (8) The provisions of this section shall not prejudice the power of the NCIS Service Authority, any police authority, the Police Authority for Northern Ireland or the NCS Service Authority to act jointly, or co-operate in any other way, with any person where to do so is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.
 
Aid by and for NCIS.     23. - (1) The Director General of NCIS may, on the application of-
 
 
    (a) the chief officer of police of a police force in England and Wales,
 
    (b) the chief constable of a police force in Scotland,
 
    (c) the Chief Constable of the Royal Ulster Constabulary, or
 
    (d) the Director General of the National Crime Squad,
  provide constables or other assistance for the purposes of enabling the police force or the Royal Ulster Constabulary or, as the case may, the National Crime Squad to meet any special demand on its resources.
 
      (2) On the application of the Director General of NCIS-
 
 
    (a) the chief officer of police of a police force in England and Wales,
 
    (b) the chief constable of a police force in Scotland,
 
    (c) the Chief Constable of the Royal Ulster Constabulary, or
 
    (d) the Director General of the National Crime Squad,
  may provide constables or other assistance for the purposes of enabling NCIS to meet any special demand on its resources.
 
      (3) If it appears to the Secretary of State-
 
 
    (a) that it is expedient in the interests of public safety or order that a police force, the Royal Ulster Constabulary, the National Crime Squad or NCIS should be reinforced or should receive other assistance for the purpose of enabling it to meet any special demand on its resources, and
 
    (b) that satisfactory arrangements under subsection (1) or (2) cannot be made, or cannot be made in time,
  he may direct the Director General of NCIS, the chief officer of police of any police force in England and Wales, the chief constable of any police force in Scotland, the chief constable of the Royal Ulster Constabulary or the Director General of the National Crime Squad to provide such constables or other assistance for that purpose as may be specified in the direction.
 
      (4) While a constable is provided under this section for the assistance of a police force, the Royal Ulster Constabulary or the National Crime Squad he shall, notwithstanding section 10(1), be under the direction and control of the chief officer of that force or, as the case may be, the chief constable of that force or Constabulary or the Director General of that Squad.
 
      (5) While a constable is provided under this section for the assistance of NCIS he shall, notwithstanding section 56(1) below, section 10(1) of the Police Act 1996, section 17(2) of the Police (Scotland) Act 1967 or section 6(2) of the Police Act (Northern Ireland) 1970, be under the direction and control of the Director General of NCIS.
 
      (6) For the purposes of this section "constable", in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
 
Provision of special services.     24. The Director General of NCIS may, at the request of any person, provide services at any premises or in any locality in the United Kingdom, if those services are consistent with the functions of, and do not prejudice the efficiency or effectiveness of, NCIS.
 
 
Central supervision and direction
General duty of Secretary of State.     25. The Secretary of State shall exercise his powers under this Part in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of NCIS.
 
Setting of objectives.     26. - (1) The Secretary of State may by order determine objectives for NCIS.
 
      (2) Before making an order under this section, the Secretary of State shall consult-
 
 
    (a) the NCIS Service Authority,
 
    (b) the Director General of NCIS,
 
    (c) 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,
 
    (d) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales, the chief constables of police forces in Scotland and the Chief Constable of the Royal Ulster Constabulary,
 
    (e) the NCS Service Authority,
 
    (f) the Director General of the National Crime Squad, and
 
    (g) the Commissioners of Customs and Excise.
      (3) A statutory instrument containing an order under this section shall be laid before Parliament after being made.
 
Setting of performance targets.     27. - (1) Where an objective has been determined under section 26, the Secretary of State may direct the NCIS Service Authority to establish levels of performance ("performance targets") to be aimed at in seeking to achieve the objective.
 
      (2) A direction given under this section may impose conditions with which the performance targets must conform.
 
      (3) The Secretary of State shall arrange for any direction given under this section to be published in such manner as appears to him to be appropriate.
 
Codes of practice.     28. - (1) The Secretary of State may issue codes of practice relating to the discharge by the NCIS Service Authority of its functions.
 
      (2) The Secretary of State may from time to time revise the whole or part of any code of practice issued under this section.
 
      (3) The Secretary of State shall lay before Parliament a copy of any code of practice, and of any revision of a code of practice, issued by him under this section.
 
Removal of Director General etc.     29. - (1) The Secretary of State may require the NCIS Service Authority to exercise its power under section 7 to call upon the Director General of NCIS, or any other member (other than a member appointed by the Director General by virtue of section 9(8)), to retire in the interests of efficiency or effectiveness.
 
      (2) Before-
 
 
    (a) exercising any power conferred on him by subsection (1), or
 
    (b) approving the exercise by the NCIS Service Authority of its power under section 7,
  the Secretary of State shall give the person in relation to whom it is proposed to exercise the power (the "relevant person") an opportunity to make representations to him and shall consider any representations so made.
 
      (3) Where representations are made under this section, the Secretary of State may, and in a case where he proposes to exercise a power conferred by subsection (1) shall, appoint one or more persons to hold an inquiry and report to him.
 
      (4) The Secretary of State shall take account of any report made under subsection (3).
 
      (5) The person appointed under subsection (3) (or, in a case where more than one person is so appointed, at least one of the persons so appointed) shall not be an officer of police, of a Government department, of NCIS or of the National Crime Squad.
 
      (6) The costs incurred by a relevant person in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the NCIS service fund.
 
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© Crown copyright 1997
Prepared 16 April 1997