Office of Public Sector Information
PART 5 continued
(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
(c) the words “after consultation with the Scottish Ministers” shall be omitted.
(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.
After section 9 of the 1997 Act (members of NCIS) there shall be inserted—
(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.”
(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
(c) consult the Scottish Ministers.
(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.”
(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—
“(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 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.
After section 55 of the 1997 Act (members of the National Crime Squad) there shall be inserted—
(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).
(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) 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.”
(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.
(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.”
(1) Before section 9G of the 1996 Act (appointment and removal of Commanders in the metropolitan police force), there shall be inserted—
(1) The ranks that may be held in the metropolitan police force shall include that of Deputy Assistant Commissioner of Police of the Metropolis (“Deputy Assistant Commissioner”).
(2) Any appointment of a Deputy Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.
(3) Subsections (1) to (3) of section 9E shall apply in relation to a Deputy Assistant Commissioner as they apply in relation to the Commissioner of Police of the Metropolis.
(4) Subsection (3) of this section is without prejudice to—
(a) any regulations under section 50, or
(b) any regulations under the Police Pensions Act 1976 (c. 35).”
(2) In section 9H(2) of that Act (ranks that may be held in the metropolitan police force), for “and” at the end of paragraph (c) there shall be substituted—
“(ca) Deputy Assistant Commissioner of Police of the Metropolis, and”.
(3) In section 42(5) of that Act (application of section 42 to the powers of the Metropolitan Police Authority to call upon Commissioner of Police of the Metropolis etc. to resign), for “or” at the end of paragraph (c) there shall be substituted—
“(ca) a Deputy Assistant Commissioner of Police of the Metropolis, or”.
(1) After section 11 of the 1996 Act (appointment and removal of chief constables), there shall be inserted—
(1) Every police force maintained under section 2 shall have a deputy chief constable.
(2) The appointment of a person to be the deputy chief constable of a police force shall be made, in accordance with regulations under section 50, by the police authority responsible for maintaining that force, but only after consultation with the chief constable and subject to the approval of the Secretary of State.
(3) Subsections (2) to (4) of section 11 shall apply in relation to a deputy chief constable as they apply in relation to a chief constable.”
(2) In section 13 of that Act (ranks that may be held in police forces)—
(a) in subsection (1), after “chief constable” there shall be inserted “, deputy chief constable”; and
(b) subsection (2) shall be omitted.
(3) In section 42 of that Act (removal of chief constables, etc.)—
(a) in subsection (2)—
(i) after “with respect to” there shall be inserted “a deputy chief constable or”;
(ii) for “or assistant chief constable” there shall be substituted “, the deputy chief constable or, as the case may be, the assistant chief constable”;
and
(b) in subsection (4), after “chief constable” there shall be inserted “, deputy chief constable”.
(1) In section 12 of the 1996 Act (assistant chief constable), subsections (4) to (6) shall be omitted.
(2) After that section, there shall be inserted—
(1) A deputy chief constable of a police force may exercise or perform any or all of the powers or duties of the chief constable of that force—
(a) during any absence, incapacity or suspension from duty of the chief constable,
(b) during any vacancy in the office of the chief constable, or
(c) at any other time, with the consent of the chief constable.
(2) A police authority responsible for maintaining a police force may designate a person holding the rank of assistant chief constable in that force to exercise or perform any or all of the powers or duties of the chief constable of that force—
(a) during any absence, incapacity or suspension from duty of both the chief constable and the deputy chief constable, or
(b) during any vacancy in the offices of both the chief constable and the deputy chief constable.
(3) Only one person shall be authorised to act at any one time by virtue of a designation under subsection (2).
(4) The power to act by virtue of subsection (1)(a) or (b) or subsection (2) shall not be exercisable for a continuous period exceeding three months except with the consent of the Secretary of State.
(5) The provisions of subsections (1) and (2) shall be without prejudice to any other enactment that makes provision for the exercise by any other person of powers conferred on a chief constable.”
(1) In section 9H(2) of the 1996 Act (ranks that shall be prescribed for the metropolitan police force), after “those of” there shall be inserted “chief superintendent,”.
(2) In section 13(1) of that Act (ranks that shall be prescribed for other police forces), after “ranks of” there shall be inserted “chief superintendent,”.
(3) In the provisions of that Act that are set out in subsection (4), before the word “superintendent”, wherever occurring, there shall be inserted “chief”.
(4) Those provisions are—
(a) section 50(3) (meaning of “senior officer” for the purposes of proceedings in which a member of a police force may be dismissed etc.);
(b) section 65 (meaning of “senior officer” for the purposes of complaints made against members of a police force); and
(c) section 84(1) and (3) (representation at disciplinary and other proceedings).
(5) In Schedule 6 to the 1996 Act (appeals to police appeal tribunals)—
(a) in paragraph 10(a), before “superintendent” there shall be inserted “chief”; and
(b) in paragraph 10(c)(i)—
(i) after “of the rank of” there shall be inserted “chief superintendent or”; and
(ii) for “that rank” there shall be substituted “one of those ranks”.
(6) The amendments of Schedule 6 to that Act by virtue of this section shall not affect any appeal brought by a member of a police force under section 85 of that Act before the coming into force of this section.
(1) In section 7(2) of the Police Pensions Act 1976 (c. 35) (payment of pensions and contributions into Consolidated Fund or out of moneys provided by Parliament), before paragraph (d) there shall be inserted—
“(ca) the Director General of the National Criminal Intelligence Service;
(cb) the Director General of the National Crime Squad;
(cc) a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 (c. 50) by virtue of subsection (2)(a) of that section;
(cd) a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section;”.
(2) In section 11(1) of that Act (meaning of membership of police force or service in a police force), before paragraph (c) there shall be inserted—
“(ba) service as the Director General of the National Criminal Intelligence Service;
(bb) service as the Director General of the National Crime Squad;
(bc) service as a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 by virtue of subsection (2)(a) of that section;
(bd) service as a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section;”.
(3) In section 11(2) of that Act (meaning of “police authority”), for paragraphs (c) and (d) (service for which the service Authorities for the NCIS and NCS are treated as police authorities) there shall be substituted—
“(c) in relation to any such service as is mentioned in subsection (ba) or (bc) above or any service of the kind described in section 97(1)(ca) of the Police Act 1996 (c. 16) or section 38A(1)(ba) of the Police (Scotland) Act 1967 (c. 77), it means the Service Authority for the National Criminal Intelligence Service;
(d) in relation to any such service as is mentioned in subsection (bb) or (bd) above or any service of the kind described in section 97(1)(cb) of the Police Act 1996, it means the Service Authority for the National Crime Squad;”.
(4) In section 11(3)(b) of that Act (meaning of “police force”), after “(ab),” there shall be inserted “(ba), (bb), (bc), (bd)”.
(1) The persons to whom section 1 of the Superannuation Act 1972 (c. 11) (“the 1972 Act”) applies (persons to or in respect of whom benefits may be provided by schemes under that Act) shall include persons who at any time after the coming into force of this section are serving in employment with the Association of Chief Police Officers of England, Wales and Northern Ireland; and, accordingly, in Schedule 1 to that Act (kinds of employment to which that Act applies), in the entries under the heading “Other bodies”, there shall be inserted, at the appropriate place—
“The Association of Chief Police Officers of England, Wales and Northern Ireland”.
(2) Section 1 of the 1972 Act shall also apply to persons who at any time before the coming into force of this section have ceased to serve with the Association of Chief Police Officers of England, Wales and Northern Ireland.
(3) The Association of Chief Police Officers of England, Wales and Northern Ireland shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to this section in the sums payable under the 1972 Act out of money provided by Parliament.
(1) Schedule 6 to this Act (which makes minor and consequential amendments relating to this Part) shall have effect.
(2) In relation to any time before the coming into force of section 2(3) of the Police (Northern Ireland) Act 2000 (c. 32), the reference to the Northern Ireland Policing Board in Schedule 2A to the 1997 Act (inserted by Schedule 6 to this Act) shall be construed as a reference to the Police Authority for Northern Ireland.
Criminal Justice and Police Act 2001