Police Act 1997
1997 Chapter 50 - continued
PART I, THE NATIONAL CRIMINAL INTELLIGENCE SERVICE - continued
Central supervision and direction - continued
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Power to give directions after adverse report.     30. - (1) The Secretary of State may at any time-
 
 
    (a) require the inspectors of constabulary appointed under section 54 of the Police Act 1996 to carry out an inspection of NCIS under that section,
 
    (b) require the inspectors of constabulary appointed under section 33 of the Police (Scotland) Act 1967 to carry out an inspection of NCIS under that section, or
 
    (c) require the inspectors of constabulary appointed under section 16 of the Police Act (Northern Ireland) 1970 to carry out an inspection of NCIS under that section.
      (2) Where a report made to the Secretary of State on an inspection carried out in accordance with this section states-
 
 
    (a) that, in the opinion of the person making the report, NCIS is not efficient or not effective, or
 
    (b) that in his opinion, unless remedial measures are taken, NCIS will cease to be efficient or will cease to be effective,
  the Secretary of State may direct the NCIS Service Authority to take such measures as may be specified in the direction.
 
Reports from NCIS Service Authority.     31. - (1) The Secretary of State may require the NCIS Service Authority to submit to him a report on such matters connected with the discharge of the Authority's functions, or otherwise with the activities of NCIS, as may be specified in the requirement.
 
      (2) A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.
 
      (3) The Secretary of State may arrange, or require the Authority to arrange, for a report under this section to be published in such manner as appears to him to be appropriate.
 
Reports from Director General.     32. - (1) The Secretary of State may require the Director General of NCIS to submit to him a report on such matters connected with the activities of NCIS as may be specified in the requirement.
 
      (2) A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.
 
      (3) The Secretary of State may arrange, or require the Director General to arrange, for a report under this section to be published in such manner as appears to the Secretary of State to be appropriate.
 
      (4) The Director General shall, as soon as possible after the end of each financial year, submit to the Secretary of State the like report as is required by section 11 to be submitted to the NCIS Service Authority.
 
Criminal statistics.     33. - (1) The Director General of NCIS shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime as the Secretary of State may require.
 
      (2) The Secretary of State shall cause a consolidated and classified abstract of the information transmitted to him under this section to be prepared and laid before Parliament.
 
Inquiries.     34. - (1) The Secretary of State may cause an inquiry to be held by a person appointed by him into any matter connected with NCIS.
 
      (2) An inquiry under this section shall be held in public or in private as the Secretary of State may direct.
 
      (3) For the purposes of an inquiry under this section, the person appointed to hold the inquiry may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths.
 
      (4) No person shall be required, in obedience to a summons under subsection (3), to attend to give evidence or to produce any documents, unless the necessary expenses of his attendance are paid or tendered to him.
 
      (5) Nothing in subsection (3) shall empower a person holding an inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of the NCIS Service Authority.
 
      (6) Every person who refuses or deliberately fails to attend in obedience to a summons issued under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding six months, or to both.
 
      (7) Where the report of the person holding an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Secretary of State so far as appears to him consistent with the public interest.
 
      (8) The Secretary of State may direct that the whole or part of the costs (or, in relation to any inquiry held in Scotland, the expenses) incurred by any person for the purposes of an inquiry held under this section shall be defrayed out of the NCIS service fund; and any costs (or expenses) payable under this section shall be subject to taxation in such manner as the Secretary of State may direct.
 
Regulations as to standard of equipment.     35. The Secretary of State may make regulations requiring equipment provided or used for the purposes of NCIS to satisfy such requirements as to design and performance as may be prescribed in the regulations.
 
Common services.     36. - (1) The Secretary of State may, by regulations, make provision for requiring NCIS and-
 
 
    (a) all police forces in England and Wales, or
 
    (b) all police forces in Scotland, or
 
    (c) the Royal Ulster Constabulary, or
 
    (d) the National Crime Squad,
  to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under section 57(1) of the Police Act 1996 or section 36 of the Police (Scotland) Act 1967) if he considers that it would be in the interests of efficiency or effectiveness for them to do so.
 
      (2) Before making regulations under this section the Secretary of State shall consult the NCIS Service Authority and the Director General of NCIS and-
 
 
    (a) where the regulations relate to police forces in England and Wales, persons whom the Secretary of State considers to represent the interests of police authorities for areas in England and Wales and persons whom he considers to represent the interests of chief officers of police of police forces there,
 
    (b) where the regulations relate to police forces in Scotland, persons whom the Secretary of State considers to represent the interests of police authorities for areas in Scotland and persons whom he considers to represent the interests of chief constables of police forces there,
 
    (c) where the regulations relate to the Royal Ulster Constabulary, the Police Authority for Northern Ireland and the Chief Constable of the Royal Ulster Constabulary, and
 
    (d) where the regulations relate to the National Crime Squad, the NCS Service Authority and the Director General of the National Crime Squad.
 
Discipline and complaints
Discipline regulations.     37. - (1) The Secretary of State may make regulations relating to the conduct of members of NCIS and the maintenance of discipline in NCIS.
 
      (2) In relation to any matter as to which provision may be made by regulations under this section, the regulations may-
 
 
    (a) authorise or require provision to be made by, or confer discretionary powers on, the NCIS Service Authority, the Director General of NCIS or other persons, or
 
    (b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
      (3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Appeals.     38. - (1) Where the Director General of NCIS, or a police member to whom section 9(2)(a) applies, is dismissed or required to resign by a decision taken under or by virtue of regulations made under section 37, he may appeal to an appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to an appeals tribunal from any decision of that other person as a result of which he is dismissed or required to resign.
 
      (2) The Secretary of State shall, by order, make provision in relation to appeals tribunals and appeals under subsection (1) corresponding (with or without modification) to that which is or may be made in relation to police appeals tribunals and appeals under section 85(1) of the Police Act 1996 by, or by virtue of, section 85(2) to (4) of and Schedule 6 to that Act.
 
      (3) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Complaints.     39. - (1) The Secretary of State shall, by regulations, make provision for the handling of any complaint about the conduct of any member of NCIS which is submitted by, or on behalf of, a member of the public.
 
      (2) Regulations under subsection (1) shall, so far as the Secretary of State thinks it desirable, make provision-
 
 
    (a) for the procedures for the handling of complaints relating to anything done or omitted to be done by a person in Scotland to be procedures corresponding or similar to those established by or by virtue of sections 40 and 40A of the Police (Scotland) Act 1967;
 
    (b) for the procedures for the handling of complaints relating to anything done or omitted to be done by a person in Northern Ireland to be procedures corresponding or similar to those established by or by virtue of the Police (Amendment) (Northern Ireland) Order 1995, and for that purpose the regulations may confer additional functions on the Independent Commission for Police Complaints for Northern Ireland;
 
    (c) for the procedures for the handling of any other complaint to be procedures corresponding or similar to those established by or by virtue of Chapter I of Part IV of the Police Act 1996 (police complaints), and for that purpose the regulations may confer additional functions on the Police Complaints Authority.
      (3) The Secretary of State may issue guidance to persons on whom functions are conferred by regulations under this section concerning the performance of their functions under those regulations, and they shall have regard to any such guidance in the performance of those functions.
 
      (4) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Information as to the manner of dealing with complaints etc.     40. The NCIS Service Authority in carrying out its duty under section 3(1), and inspectors of constabulary appointed under section 54 of the Police Act 1996, section 33 of the Police (Scotland) Act 1967 or section 16 of the Police Act (Northern Ireland) 1970 in carrying out their duties with respect to the efficiency and effectiveness of NCIS, shall keep themselves informed as to the operation of procedures established under section 39.
 
 
Miscellaneous
Arrangements for consultation.     41. - (1) The NCIS Service Authority shall, after consulting the Director General of NCIS, make arrangements for obtaining the views of-
 
 
    (a) the authorities who between them maintain the police forces in Great Britain and the Royal Ulster Constabulary,
 
    (b) the NCS Service Authority,
 
    (c) the Commissioners of Customs and Excise, and
 
    (d) such other persons or bodies as the NCIS Service Authority considers appropriate,
  about the Authority and NCIS.
 
      (2) The Director General of NCIS shall, after consulting the Authority, make arrangements for obtaining the views of-
 
 
    (a) the chief officers of police of police forces in England and Wales,
 
    (b) the chief constables of police forces in Scotland,
 
    (c) the Chief Constable of the Royal Ulster Constabulary,
 
    (d) the Director General of the National Crime Squad,
 
    (e) the Commissioners of Customs and Excise, and
 
    (f) such other persons or bodies as the Director General of NCIS considers appropriate,
  about NCIS.
 
      (3) Arrangements made under subsection (1) or (2) shall be reviewed from time to time.
 
      (4) If it appears to the Secretary of State that arrangements made for consultation by the NCIS Service Authority or the Director General under this section are not adequate for the purposes set out in subsection (1) or (2), he may require the Authority or Director General whose duty it is to make the arrangements to submit a report to him concerning the arrangements.
 
      (5) After considering a report submitted under subsection (4), the Secretary of State may require the Authority or Director General who submitted it to review the arrangements and submit a further report to him concerning them.
 
      (6) The Authority or Director General shall be under the same duties to consult when reviewing arrangements as when making them.
 
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© Crown copyright 1997
Prepared 16 April 1997