Police Act 1997

The Commissioners U.K.

91 The Commissioners. U.K.

(1) The Prime Minister shall appoint for the purposes of this Part—

(a) a Chief Commissioner, and

(b) such number of other Commissioners as the Prime Minister thinks fit.

(2) The persons appointed under subsection (1) shall be persons who hold or have held high judicial office within the meaning of the M1 Appellate Jurisdiction Act 1876.

(3) Subject to subsections (4) to (7), each Commissioner shall hold and vacate office in accordance with the terms of his appointment.

(4) Each Commissioner shall be appointed for a term of three years.

(5) A person who ceases to be a Commissioner (otherwise than under subsection (7)) may be reappointed under this section.

(6) Subject to subsection (7), a Commissioner shall not be removed from office before the end of the term for which he is appointed unless a resolution approving his removal has been passed by each House of Parliament.

(7) A Commissioner may be removed from office by the Prime Minister if after his appointment—

(a) a bankruptcy order is made against him or his estate is sequestrated or he makes a composition or arrangement with, or grants a trust deed for, his creditors;

(b) a disqualification order under the M2 Company Directors Disqualification Act 1986 or Part II of the M3 Companies (Northern Ireland) Order 1989, or an order under section 429(2)(b) of the M4 Insolvency Act 1986 (failure to pay under county court administration order), is made against him; or

(c) he is convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and has passed on him a sentence of imprisonment (whether suspended or not).

(8) The Secretary of State shall pay to each Commissioner such allowances as the Secretary of State considers appropriate.

(9) The Secretary of State shall, after consultation with the Chief Commissioner, provide the Commissioners with such staff as the Secretary of State considers necessary for the discharge of their functions.

(10) The decisions of the Chief Commissioner or, subject to sections 104 and 106, any other Commissioner (including decisions as to his jurisdiction) shall not be subject to appeal or liable to be questioned in any court.

Commencement Information

I1 S. 91 wholly in force at 22.2.1999; s. 91 not in force at Royal Assent see s.135; s. 91 (1)-(9) in force at 1.9.1997 by S.I. 1997/1930, art. 2(with art. 2(3)); S. 91(10) in force at 22.2.1999 by S.I. 1999/151, art. 2

Marginal Citations

M1 1876 c. 59.

M2 1986 c. 46.

M3 S.I. 1989/2404 (N.I.18).

M4 1986 c. 45.