Police Act 1997

Financial provisions E+W

61 NCS service fund. E+W

(1) The NCS Service Authority shall keep a fund to be known as the NCS service fund.

(2) Subject to any regulations under the M1 Police Pensions Act 1976 and to section 66 below, all receipts of the Authority shall be paid into the NCS 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 NCS service fund.

Marginal Citations

M1 1976 c. 35.

Valid from 01/08/2001

[F1 61A Budget statement E+W

(1) The NCS Service Authority shall, before the beginning of each financial year, submit to the Secretary of State a budget statement for that year.

(2) In this section references to a budget statement for a financial year are to a statement of the amount which the Authority estimates it requires by way of grant under section 62 for that year.

(3) In preparing a budget statement for a financial year, the Authority shall take account of—

(a) the expenditure which the Director General of the National Crime Squad estimates will be incurred in connection with the National Crime Squad in the year,

(b) any income which it is estimated will be received in that year, whether by way of charges imposed by the Authority under section 64, or otherwise,

(c) the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,

(d) the current and proposed level of borrowing of the Authority,

(e) the views of all members of the Authority, and

(f) such other matters as may be prescribed.

(4) A budget statement submitted under subsection (1) shall be in such form, and contain such information, as may be prescribed.

(5) Where the NCS Service Authority has submitted a budget statement for a financial year, it shall notify the Secretary of State, as soon as is practicable, of any change in circumstances which results in a material change (whether an increase or a reduction) in the amount required (or expected to be required) by it by way of grant under section 62 for that year.

(6) In this section “prescribed” means prescribed by an order made by the Secretary of State.

(7) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.]

Textual Amendments

F1 S. 61A inserted (1.8.2001) by 2001 c. 16, s. 113; S.I. 2001/2223, art. 3(g)

62 Power to issue levies. E+W

(1) The NCS 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 M2 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 M3 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 5 (which makes further provision in connection with levies under this section) shall have effect.

Commencement Information

I1 S. 62 wholly in force; s. 62 not in force at Royal Assent see s. 135; s. 62 (2)-(5) in force at 25.6.1997; by S.I. 1997/1377, art. 2; s. 62(1)(6) in force at 8.10.1997 by S.I. 1997/1930, art. 3(1)(2)(d)

Marginal Citations

M2 1992 c. 14.

M3 1996 c. 16.

Valid from 01/08/2001

[F2 62A Provision supplemental to section 62 E+W

(1) The Secretary of State may require the NCS Service Authority to provide him, in connection with the exercise of his functions under section 62, with such information as he may specify, within such period as he may specify.

(2) Where the Secretary of State makes a determination under section 62 he shall prepare a report—

(a) setting out the determination (including any conditions imposed by virtue of section 62(4)), and

(b) stating the considerations which he took into account in making it.

(3) A copy of every report prepared under subsection (2) shall—

(a) be sent to the NCS Service Authority, and

(b) be laid before the House of Commons.

(4) A grant to the NCS Service Authority under section 62 shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may determine; and any such time may fall within or after the financial year concerned.

(5) Where in consequence of a further determination under section 62(3) the amount of the Authority’s grant is less than the amount already paid to it for the year, a sum equal to the difference shall be paid by the Authority to the Secretary of State at such time as he may specify.]

Textual Amendments

F2 Ss. 62, 62A substituted for s. 62 (1.8.2001) by 2001 c. 16, s. 114; S.I. 2001/2223, art. 3(g)

63 Initial financing of NCS Service Authority. E+W

The Secretary of State may make grants to the NCS 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 62.

64 Charges. E+W

(1) The NCS 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 the National Crime Squad.

(2) Any charges made under this section may include amounts calculated by reference to the expenditure incurred or expected to be incurred by the NCS Service Authority, or by the National Crime Squad, otherwise than directly in connection with the provision of the services concerned.

Commencement Information

I2 S. 64 wholly in force; s. 64 not in force at Royal Assent, see s. 135; s. 64 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))

Valid from 01/04/1998

65 Acceptance of gifts and loans. E+W

(1) The NCS 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 the National Crime Squad.

66 Pensions and gratuities. E+W

(1) The NCS 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 NCS 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 the National Crime Squad or police members of the Squad;

(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 M4 Police Pensions Act 1976 or section 25(2)(k) of the M5 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.

Commencement Information

I3 S. 66 wholly in force; s. 66 not in force at Royal Assent, see s. 135; s. 66 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

M4 1976 c. 35.

M5 1970 c. 9 (N.I.).

Valid from 01/04/2002

[F3 66A Accounts E+W

(1) The NCS Service Authority shall—

(a) keep proper accounts and proper records in relation to the accounts,

(b) prepare a statement of accounts in respect of each financial year, and

(c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General within such period following the end of the financial year to which it relates as the Secretary of State may specify.

(2) A statement of accounts under subsection (1) shall be in such form, and contain such information, as the Secretary of State may direct.

(3) The Comptroller and Auditor General shall—

(a) examine, certify and report on the statement of accounts, and

(b) lay copies of the statement and of his report before each House of Parliament.]

Textual Amendments

F3 S. 66A inserted (E.W.) (1.4.2002) by 2001 c. 16, s. 115; S.I. 2002/344, art. 3(g) (with transitional provisions in art. 4)

Valid from 01/04/1998

67 Revenue accounts and capital finance. E+W

In section 39 of the M6 Local Government and Housing Act 1989, in subsection (1) (authorities to which provisions about revenue accounts and capital finance apply), after paragraph (j) there shall be inserted—

“(ja) the Service Authority for the National Crime Squad;”.

Commencement Information

I4 S. 67 wholly in force at 1.4.1998; s. 67 not in force at Royal Assent, see s. 135; s. 67 in force at 1.4.1998 by S.I. 1998/354, art. 2 (with art. 8)

Marginal Citations

M6 1989 c. 42.

Valid from 01/04/1998

68 Financial administration. E+W

In section 111 of the M7 Local Government Finance Act 1988, in subsection (2) (definition of “relevant authority” for the purposes of provisions regulating financial administration), after paragraph (e) there shall be inserted—

“(ea) the Service Authority for the National Crime Squad;”.

Marginal Citations

M7 1988 c. 41.