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[F17U.K.Where the NCIS Service Authority is to consist of eleven members by virtue of section 1, then in addition to the eight core members—
(a)one of the members shall be a person appointed under this paragraph in accordance with paragraph 7A,
(b)one shall be a person appointed under this paragraph in accordance with paragraph 7B, and
(c)one shall be a member of the Security Service appointed by the Secretary of State under this paragraph.]
Textual Amendments
F1Sch. 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)
[F27A(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
F2Sch. 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)
[F37B(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
F3Sch. 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)
C1Sch. 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 [F4eleven] members by virtue of an order under section 1(3), then in addition to the [F5eight] core members—U.K.
(a)a prescribed number of members shall be appointed by the Secretary of State under this paragraph [F6after 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)[F7a prescribed number shall be persons] holding at least the rank of deputy chief constable in the [F8Police Service of Northern Ireland], appointed by the Chief Constable of [F9that Police Service];
(e)a prescribed number F10. . . shall be appointed by the F11. . . 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 [F12Northern Ireland Policing Board], from among their number;
[F13(h)a prescribed number shall be Crown servants appointed by the Secretary of State under this paragraph;
(ha)a prescribed number shall be Crown servants appointed by the Scottish Ministers under this paragraph; and]
(i)[F14a prescribed number shall be customs officers] appointed by the Commissioners of Customs and Excise.
(2)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(a), as it applies to appointments under paragraph 2.
F16(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 [F17; but nothing in this paragraph shall require such an order to prescribe a number in respect of each of the paragraphs of sub-paragraph (1)].
Textual Amendments
F4Word in Sch. 1 Pt. II para. 8(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(a); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)
F5Word in Sch. 1 Pt. II para. 8(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(b); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)
F6Words 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
F7Words in Sch. 1 Pt. II para. 8(1)(d) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(c); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)
F8Words 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.
F9Words 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.
F10Words in Sch. 1 Pt. II para. 8(1)(e) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 2 para. 9(2)(d), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)
F11Words in Sch. 1 Pt. II para. 8(1)(e) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 2 para. 9(2)(d), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)
F12Words 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.
F13Sch. 1 Pt. II para. 8(1)(h)(ha) substituted (1.4.2002) for Sch. 1 Pt. II para. 8(1)(h) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(e); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)
F14Words in Sch. 1 Pt. II para. 8(1)(i) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(f); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)
F15Sch. 1 Pt. II para. 8(2) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 2 para. 9(3), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)
F16Sch. 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.
F17Words in Sch. 1 Pt. II para. 8(5) inserted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(4); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)
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