Police Act 1997

Part II U.K. Additional Members of NCIS Service Authority

7 Where the NCIS Service Authority is to consist of nineteen members by virtue of section 1, then in addition to the ten core members—

(a) one of the members shall be appointed by the chief constables of police forces in Scotland, from among their number;

(b) one shall be a person holding at least the rank of deputy chief constable in the [F1 Police Service of Northern Ireland], appointed by the Chief Constable of [F2 that Police Service];

(c) two shall be appointed by the local authority members of police authorities for areas in England and Wales, from among their number;

(d) one shall be appointed by the members of police authorities for areas in Scotland, from among their number;

(e) one shall be appointed by the members of the [F3 Northern Ireland Policing Board], from among their number;

[F4 (f) two shall be Crown servants–

(i) one of whom shall be appointed by the Secretary of State under this paragraph; and

(ii) one of whom shall be appointed by the Scottish Ministers under this paragraph;]

(g) one shall be a customs officer appointed by the Commissioners of Customs and Excise.

Textual Amendments

F1 Words in Sch. 1 para. 7(b) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.

F2 Words in Sch. 1 para. 7(b) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(7); S.R. 2001/396, art. 2, Sch.

F3 Words in Sch. 1 para. 7(e) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

F4 Sch. 1 para. 7(f) substituted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(27); S.I. 1998/3178, art. 3

Valid from 01/04/2002

[F5 7A (1) Where an appointment falls to be made in accordance with this paragraph the Secretary of State shall, after consultation with the Scottish Ministers, decide whether the person appointed must be— U.K.

(a) a chief constable of a police force in Scotland,

(b) a member of a police authority for an area in Scotland, or

(c) a Crown servant.

(2) Where such a decision is made—

(a) if the member must be within sub-paragraph (1)(a), he shall be appointed by the chief constables of police forces in Scotland, from among their number;

(b) if the member must be within sub-paragraph (1)(b), he shall be appointed by the members of police authorities for areas in Scotland, from among their number; and

(c) if the member must be within sub-paragraph (1)(c), he shall be appointed by the Scottish Ministers.]

Textual Amendments

F5 Sch. 1 Pt. II paras. 7-7B substituted (1.4.2002) for Sch. 1 Pt. II para. 7 by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 8; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

Valid from 01/04/2002

[F6 7B (1) Where an appointment falls to be made in accordance with this paragraph the Secretary of State shall decide whether the person appointed must be— U.K.

(a) a person holding at least the rank of deputy chief constable in the Police Service of Northern Ireland,

(b) a member of the Northern Ireland Policing Board, or

(c) a Crown servant.

(2) Where such a determination is made—

(a) if the member must be within sub-paragraph (1)(a), he shall be appointed by the Chief Constable of the Police Service of Northern Ireland;

(b) if the member must be within sub-paragraph (1)(b), he shall be appointed by the members of the Northern Ireland Policing Board, from among their number; and

(c) if the member must be within sub-paragraph (1)(c), he shall be appointed by the Secretary of State.]

Textual Amendments

F6 Sch. 1 Pt. II paras. 7-7B substituted (1.4.2002) for Sch. 1 Pt. II para. 7 by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 8; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

Modifications etc. (not altering text)

C1 Sch. 1 Pt. II para. 7B modified (11.5.2001) by 2001 c. 16, s. 109(4)

8 (1) Where the Authority is to consist of more than nineteen members by virtue of an order under section 1(3), then in addition to the ten core members—

(a) a prescribed number of members shall be appointed by the Secretary of State under this paragraph [F7 after consultation with the Scottish Ministers]

(b) a prescribed number shall be appointed by the relevant police officers, from among their number;

(c) a prescribed number of members shall be appointed by the chief constables of police forces in Scotland, from among their number;

(d) one shall be a person holding at least the rank of deputy chief constable in the [F8 Police Service of Northern Ireland], appointed by the Chief Constable of [F9 that Police Service];

(e) a prescribed number (being not less than two) shall be appointed by the local authority members of police authorities for areas in England and Wales, from among their number;

(f) a prescribed number shall be appointed by the members of police authorities for areas in Scotland, from among their number;

(g) a prescribed number shall be appointed by the members of the [F10 Northern Ireland Policing Board], from among their number;

[F11 (h) two shall be Crown servants–

(i) one of whom shall be appointed by the Secretary of State under this paragraph; and

(ii) one of whom shall be appointed by the Scottish Ministers under this paragraph.]

(i) one shall be a customs officer appointed by the Commissioners of Customs and Excise.

(2) An order under section 1(3) shall ensure—

(a) that a majority of the members of the Authority are members appointed—

(i) by the Secretary of State (other than under sub-paragraph (1)(h) or paragraph 6),

(ii) by local authority members of police authorities for areas in England and Wales,

(iii) by members of police authorities for areas in Scotland, or

(iv) by members of the [F10 Northern Ireland Policing Board], and

(b) that the number of members appointed by local authority members of police authorities in England and Wales is—

(i) greater than the total number appointed under sub-paragraph (1)(a) or paragraph 2,

(ii) greater than the total number appointed under sub-paragraph (1)(b), (c) or (d) or paragraph 3, and

(iii) greater than the number appointed under each of paragraphs (f) and (g) of sub-paragraph (1).

(3) Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(a), as it applies to appointments under paragraph 2.

F12 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The power to make an order under section 1(3) includes power to prescribe anything which is require to be prescribed for the purposes of this paragraph.

Textual Amendments

F7 Words in Sch. 1 para. 8(1)(a) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(28)(a); S.I. 1998/3178, art. 3

F8 Words in Sch. 1 para. 8(1)(d) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.

F9 Words in Sch. 1 para. 8(1)(d) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(7); S.R. 2001/396, art. 2, Sch.

F10 Words in Sch. 1 para. 8(1)(g)(2)(a)(iv) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

F11 Sch. 1 para. 8(1)(h) substituted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(28)(b); S.I. 1998/3178, art. 3

F12 Sch. 1 para. 8(4) repealed (3.7.2000) by 1999 c. 29, s. 325, 423, Sch. 27 para. 113(4)(b), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.