Police Act 1997

Decisions of Service Authority

1 (1) Where an order under section 62 requires the NCS Service Authority to determine the total amount of the levies which it proposes to issue under that section for any financial year, that determination shall not be made except by a decision which—

(a) is made only by independent members and police authority members of the Authority, and

(b) complies with sub-paragraphs (2) and (3).

(2) A decision complies with this sub-paragraph only if a majority of the members making the decision (whether or not approving it) are police authority members of the Authority.

(3) A decision complies with this sub-paragraph only if the members approving it include more than half of the independent members and more than half of the police authority members of the Authority at the time of the decision.

(4) Before making such a determination as is mentioned in sub-paragraph (1) in respect of any financial year, the independent members and police authority members of 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 Squad in the year,

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

(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.

(5) In this paragraph “independent members” means members of the Authority appointed by the Secretary of State under paragraph 2 or 10(1)(a) of Schedule 1.

(6) In this paragraph “police authority members” means members appointed—

(a) by the local authority members of police authorities for areas in England and Wales (as defined by paragraph 14 of Schedule 1), or

(b) by the Secretary of State under paragraph 5 of that Schedule.