Police Act 1997

General U.K.

107 Supplementary provisions relating to Commissioners. U.K.

(1) The Chief Commissioner shall keep under review the performance of functions under this Part.

(2) The Chief Commissioner shall make an annual report on the discharge of functions under this Part to the Prime Minister [F1 and to the Scottish Ministers] and may at any time report to him [F1 or them (as the case may require)] on any matter relating to those functions.

(3) The Prime Minister shall lay before each House of Parliament a copy of each annual report made by the Chief Commissioner under subsection (2) together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.

[F2 (3A) The Scottish Ministers shall lay before the Scottish Parliament a copy of each annual report made by the Chief Commissioner under subsection (2), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.]

(4) The Prime Minister may exclude a matter from the copy of a report as laid before each House of Parliament, if it appears to him, after consultation with the Chief Commissioner [and the Scottish Ministers], that the publication of that matter in the report would be prejudicial to the prevention or detection of serious crime or otherwise to the discharge of—

(a) the functions of any police authority,

(b) the functions of the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad, or

(c) the duties of the Commissioners of Customs and Excise.

(5) Any person having functions under this Part, and any person taking action in relation to which an authorisation was given, shall comply with any request of a Commissioner for documents or information required by him for the purpose of enabling him to discharge his functions.

(6) In this section, “serious crime” shall be construed in accordance with section 93(4).

Textual Amendments

F1 Words in s. 107(2) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(5)(a)(i)(ii); S.I. 1998/3178, art. 3

F2 S. 107(3A) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(5)(b); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C1 Words in s. 107(4) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(5)(c); S.I. 1998/3178, art. 3

108 Interpretation of Part III. U.K.

(1) In this Part—

• “authorisation” means an authorisation under section 93;

• “authorising officer” has the meaning given by section 93(5);

• “criminal proceedings” includes—

  (a)

  proceedings in the United Kingdom or elsewhere before a court-martial constituted under the M1 Army Act 1955, the M2 Air Force Act 1955 or the M3 Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the Act of 1957,

  (b)

  proceedings before the Courts-Martial Appeal Court, and

  (c)

  proceedings before a Standing Civilian Court;

• “customs officer” means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the M4 Customs and Excise Management Act 1979;

• “designated deputy” has the meaning given in section 94(4);

• “United Kingdom waters” has the meaning given in section 30(5) of the M5 Police Act 1996; and

• “wireless telegraphy” has the same meaning as in the M6 Wireless Telegraphy Act 1949 and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.

(2) Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.

(3) For the purposes of this Part, an authorisation (or renewal) given—

(a) by the designated deputy of an authorising officer, or

(b) by a person on whom an authorising officer’s powers are conferred by section 94,

shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1957 c. 53.

M4 1979 c. 2.

M5 1996 c. 16.

M6 1949 c. 54.