Police Act 1997 (c. 50)

Part II E+W The National Crime Squad

Modifications etc. (not altering text)

C1 Pt. II (ss. 47-90): Power to continue conferred (11.5.2001) by 2001 c. 16, ss. 109(2)(c)(i), 138

Director General and other members E+W

52 Appointment of Director General. E+W

(1) The National Crime Squad shall have a Director General appointed by the NCS 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 is 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 M1 Police Act 1996, section 26 of the M2 Police (Scotland) Act 1967 or [F1 section 25 of the M3 Police (Northern Ireland) Act1998,]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 NCS Authority and shall consist only of members of that Authority appointed—

(a) by the Secretary of State (other than under paragraph 6 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).

(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.

Textual Amendments

F1 Words in s. 52(3)(d) substituted (1.4.1999) by 1998 c. 32, s. 74(1), Sch. 4 para. 22(9); S.R. 1999/176, art. 3

Modifications etc. (not altering text)

C2 S. 52 restricted (1.9.1997) by 1996 c. 16, s. 62(1A) (as inserted (1.9.1997) 1997 c. 50, s. 134(1), Sch. 9 para. 82(2)); S.I. 1997/1930, art. 3

Marginal Citations

M1 1996 c. 16.

M2 1967 c. 77.

M3 1970 c. 9(N.I.).

53 Removal of Director General by the Authority. E+W

(1) Without prejudice to section 66 or to any regulations under section 81 or under the M4 Police Pensions Act 1976, the NCS Service Authority, acting with the approval of the Secretary of State, may call upon the Director General of the National Crime Squad 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.

Marginal Citations

M4 1976 c. 35.

54 Deputy Director General. E+W

(1) The Director General of the National Crime Squad shall designate a police member of the National Crime Squad to whom section 55(2)(a) applies 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 NCS 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.

Commencement Information

I1 S. 54 wholly in force at 31.10.1997; s. 54 not in force at Royal Assent, see s. 135; s. 54 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

55 Members of the National Crime Squad. E+W

(1) The National Crime Squad shall consist of—

(a) the Director General appointed under section 52,

(b) persons appointed by the NCS Service Authority under this paragraph as police members of the National Crime Squad, and

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

(2) A person shall be appointed as a police member of the National Crime Squad only if—

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

(b) he is engaged with the National Crime Squad on a period of temporary service to which section 97 of the M5 Police Act 1996 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 M6 Police Act 1996, section 26 of the M7 Police (Scotland) Act 1967 or [F2 section 25 of the M8 Police (Northern Ireland) Act 1998], 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 52 apply to a police member to whom subsection (2)(a) above applies as they apply to the Director General of the National Crime Squad.

(5) A person appointed under subsection (1)(b) or (c) shall be appointed on such terms and conditions as the NCS 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 NCS Service Authority shall consult the Director General of the National Crime Squad.

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

(8) The NCS Service Authority shall exercise its powers under section 101 (and section 107) of the M9 Local Government Act 1972 so as to secure that, subject to subsection (9) below, the Director General of the National Crime Squad appoints persons under subsection (1)(b) or (c) to be members of the National Crime Squad.

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

Textual Amendments

F2 Words in s. 55(3)(c) substituted (1.4.1999) by 1998 c. 32, s. 74(1), Sch. 4 para. 22(9); S.R. 1999/176, art. 3

Modifications etc. (not altering text)

C3 S. 55(1)(b) restricted (1.9.1997) by 1996 c. 16, s. 62(1A) (as inserted (1.9.1997) by 1997 c. 50, s. 134(1), Sch. 9 para. 82(2)); S.I. 1997/1930, art. 3

C4 Words in s. 55(1)(c) extended (18.3.1998) by S.I. 1998/354, art. 3(6)

Commencement Information

I2 S. 55 wholly in force; s. 55 not in force at Royal Assent, see s. 135; s. 55 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

Marginal Citations

M5 1996 c. 16.

M6 1996 c. 16.

M7 1967 c. 77.

M8 1970 c. 9 (N.I.).

M9 1972 c. 70.

Valid from 01/04/2002

[F3 55A Removal of certain members appointed under section 55 E+W

(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.]

Textual Amendments

F3 S. 55A inserted (E.W.) (1.4.2002) by 2001 c. 16, s. 120; S.I. 2002/344, art. 3(h) (with transitional provisions in art. 4)