Police Act 1997

Section 109(2).

SCHEDULE 8 U.K. The Police Information Technology Organisation

Constitution U.K.

1 (1) [F1 Subject to sub-paragraph (2A)]The Police Information Technology Organisation (“the Organisation”) shall consist of a chairman and other members appointed by the Secretary of State [F1 or, where so provided in sub-paragraph (3) below, the Scottish Ministers]. U.K.

(2) Before appointing the chairman the Secretary of State shall consult—

(a) persons whom he considers to represent the interests of police authorities, and

(b) persons whom he considers to represent the interests of chief officers of police.

[F2 (2A) Before appointing the Chairman the Secretary of State shall consult the Scottish Ministers.]

(3) The members apart from the chairman at any time shall include—

(a) at least three members nominated by persons whom the Secretary of State considers to represent police authorities for areas in England and Wales;

(b) at least three members nominated by persons whom the Secretary of State considers to represent chief officers of police of police forces in England and Wales;

(c) at least one member nominated by persons whom the [F3 Scottish Ministers]considers to represent police authorities for areas in Scotland;

(d) at least one member nominated by persons whom the [F3 Scottish Ministers]considers to represent the interests of chief constables of police forces in Scotland;

(e) at least one member nominated by the [F4 Northern Ireland Policing Board];

(f) at least one member nominated by the Chief Constable of the [F5 Police Service of Northern Ireland]; and

[F6 (g) at least three other members of whom–

(i) at least one shall be appointed by the Secretary of State;

(ii) at least one shall be appointed by the Secretary of State after consultation with the Scottish Ministers; and

(iii) at least one shall be appointed by the Scottish Ministers.]

Textual Amendments

F1 Words in Sch. 8 para. 1(1) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(4)(a); S.I. 1998/3178, art. 3

F2 Sch. 8 para. 1(2A) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(4)(b); S.I. 1998/3178, art. 3

F3 Words in Sch. 8 para. 1(3)(c)(d) substituted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(4)(c); S.I. 1998/3178, art. 3

F4 Words in Sch. 8 para. 1(3)(e) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

F5 Words in Sch. 8 para. 1(3)(f) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.

F6 Sch. 8 para. 1(3)(g) substituted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(4)(c); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C1 Sch. 8 para. 1(2) amended (1.9.1997) by S.I. 1997/1930, art. 2

Commencement Information

I1 Sch. 8 partly in force; Sch 8 not in force at Royal Assent, see s. 135; Sch. 8 para. 1 (1)(2)and(3)(a)-(d) and (g) in force at 1.9.1997 by S.I. 1997/1930 art. 2

Members U.K.

2 (1) Subject to the provisions of this Schedule, a member of the Organisation shall hold office in accordance with the terms of his appointment. U.K.

(2) A member shall not be appointed for more than five years at a time.

(3) A person may at any time resign as a member or as chairman by notice in writing to the Secretary of State.

(4) [F7 Subject to sub-paragraphs (4A) and (4B),]the Secretary of State may remove a person from office as a member or as chairman if satisfied that—

(a) he has without reasonable excuse failed to discharge his functions for a continuous period of three months;

(b) he has without reasonable excuse been absent from three consecutive meetings of the Organisation;

(c) he has been convicted of a criminal offence;

(d) he has become bankrupt, his estate has been sequestrated or he has made an arrangement with or granted a trust deed for his creditors;

(e) he has failed to comply with the terms of his appointment; or

(f) he is otherwise unable or unfit to discharge his functions.

[F8 (4A) Before removing a person from office as chairman, the Secretary of State shall consult the Scottish Ministers.

F8 (4B) The Scottish Ministers shall, instead of the Secretary of State, exercise the power of removal from office as a member under sub-paragraph (4) in respect of any person who was appointed by them.]

(5) The Secretary of State shall not remove from office a member nominated by persons representing certain interests in accordance with paragraph [F9 1(3)(a) and (b)]unless he has first consulted persons whom he considers to represent those interests.

[F10 (5) The Scottish Ministers shall not remove from office a member nominated by persons representing certain interests in accordance with paragraph 1(3)(c) and (d) unless they have first consulted persons whom they consider to represent those interests.]

(6) The Secretary of State shall not remove from office a member nominated in accordance with paragraph 1(3)(e) or (f) unless he has first consulted the [F11 Northern Ireland Policing Board] or, as the case may be, the Chief Constable of the [F12 Police Service of Northern Ireland].

Textual Amendments

F7 Words in Sch. 8 para. 2(4) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(5)(a); S.I. 1998/3178, art. 3

F8 Sch. 8 para. 2(4A)(4B) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(5)(b); S.I. 1998/3178, art. 3

F9 Words in Sch. 8 para. 2(5)(c) substituted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(5)(c); S.I. 1998/3178, art. 3

F10 By S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(5)(d) (1.7.1999) it is provided that after Sch. 8 para. (5) there is inserted sub-paragraph (5); S.I. 1998/3178, art. 3

F11 Words in Sch. 8 para. 2(6) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

F12 Words in Sch. 8 para. 2(6) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.

Commencement Information

I2 Sch. 8 partly in force; Sch. 8 not in force at Royal Assent, see s. 135; Sch. 8 para. 2(1)- (5) in force at 1.9.1997 by S.I. 1997/1930, art. 2

3 (1) The Organisation shall pay to its members such remuneration and allowances as the Secretary of State may determine. U.K.

(2) The Organisation shall, as regards any member or former member in whose case the Secretary of State may so determine, pay or make payments in respect of such pension or gratuity as the Secretary of State may determine.

(3) If a person ceases to be a member, or ceases to be chairman, and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Organisation to make a payment of such amount as he may determine.

Staff, &c. U.K.

4 (1) The Organisation shall not appoint employees except with the approval of the Secretary of State as to numbers and as to terms and conditions of service. U.K.

(2) No person shall be appointed to act as the chief executive of the Organisation unless the Secretary of State [F13 after consultation with the Scottish Ministers,] has consented to the appointment.

Textual Amendments

F13 Words in Sch. 8 para. 4(2) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(6); S.I. 1998/3178, art. 3

5 (1) The Organisation shall pay to its employees such remuneration and allowances as it may, with the consent of the Secretary of State, determine. U.K.

(2) The Organisation shall—

(a) pay, or make payments in respect of, such pensions or gratuities to or in respect of employees or former employees as it may, with the consent of the Secretary of State, determine;

(b) provide and maintain such schemes (whether contributory or not) as it may determine, with the consent of the Secretary of State, for the payment of pensions or gratuities in respect of employees or former employees.

(3) References in this paragraph to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of employees who suffer loss of employment or loss or diminution of emoluments.

(4) If any person—

(a) on ceasing to be employed by the Organisation, becomes or continues to be one of its members, and

(b) was, by reference to his employment, a participant in a pension scheme maintained by the Organisation,

the Organisation may, with the consent of the Secretary of State, make provision for that person to continue to participate in that scheme, on such terms and conditions as it may with the consent of the Secretary of State determine, as if his service as a member were service as an employee; and any such provision shall be without prejudice to paragraph 3.

6 (1) Employment with the Organisation shall be included among the kinds of employment to which a scheme under section 1 of the M1 Superannuation Act 1972 can apply. U.K.

(2) The Organisation shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act.

(3) Where an employee of the Organisation is, by reference to that employment, a participant in a scheme under section 1 of that Act and is also a member of the Organisation, the Minister for the Civil Service may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee (whether or not any benefits are payable to or in respect of him by virtue of paragraph 3 above).

Marginal Citations

M1 1972 c. 11.

7 (1) The Organisation shall be liable in respect of [F14 any unlawful conduct of] a member of a police force engaged on service with the Organisation in the performance or purported performance of his functions in like manner as a master is liable in respect of [F15 any unlawful conduct of] his servants in the course of their employment, and shall [F16 , in the case of a tort,] be treated for all purposes as a joint tortfeasor. U.K.

(2) In relation to Scotland, sub-paragraph (1) shall not apply but the Organisation shall be liable in reparation in respect of a wrongful act or omission on the part of a member of a police force engaged on service with the Organisation in the performance or purported performance of his functions in like manner as a master is so liable in respect of any wrongful act or omission on the part of his servant in the course of the servant’s employment.

Textual Amendments

F14 Words in Sch. 8 para. 7(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(3)(a); S.I. 2002/2306, art. 2(f)(xi)

F15 Words in Sch. 8 para. 7(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(3)(b); S.I. 2002/2306, art. 2(f)(xi)

F16 Words in Sch. 8 para. 7(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(3)(c); S.I. 2002/2306, art. 2(f)(xi)

Modifications etc. (not altering text)

C2 Sch. 8 para. 7(1) excluded by 1974 c. 37, s. 51A(2D)(2E)(d) (as inserted (E.W.S.) (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 158(1), 178(1)(a) (with s. 158(5)-(7)))

C3 Sch. 8 para. 7(1) excluded by S.I. 1978/1039, art. 2E(a) (as inserted (with effect in accordance with s. 27(4) of the amending Act) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 27(1), 31(1)(f) (with s. 27(5)))

Committees U.K.

8 (1) No person who is not a member of the Organisation shall be appointed to a committee or sub-committee of the Organisation unless the Secretary of State [F17 , after consultation with the Scottish Ministers,] has consented to the appointment. U.K.

(2) Remuneration and allowances paid to members of committees and sub-committees of the Organisation who are not members of the Organisation shall be of such amounts as the Secretary of State may determine.

Textual Amendments

F17 Words in Sch. 8 para. 8(2) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(7); S.I. 1998/3178, art. 3

Commencement Information

I3 Sch. 8 para. 8 wholly in force at 1.4.1998; Sch. 8 not in force at Royal Assent see s. 135; Sch. 8 para. 8(1) in force at 1.9.1997 by S.I. 1997/1930, art. 2; Sch. 8 para. 8 otherwise in force at 1.4.1998 by S.I. 1998/354, art. 2(1)(2)(ba)

Proceedings U.K.

9 U.K. Subject to the provisions of this Schedule, the Organisation shall regulate its own procedure.

10 (1) The Organisation shall make provision for a quorum for its meetings to include at least— U.K.

(a) one member appointed in accordance with paragraph 1(3)(a), (c) or (e);

(b) one member appointed in accordance with paragraph 1(3)(b), (d) or (f); and

(c) one member appointed in accordance with paragraph 1(3)(g).

(2) The Organisation shall make provision for a quorum for meetings of any committee or sub-committee to include at least one member or employee of the Organisation.

Commencement Information

I4 Sch. 8 partly in force; Sch. 8 not in force at Royal Assent see s. 135; Sch. 8 para. 10 (except specified provisions) in force at 1.9.1997 by S.I. 1997/1930, art. 2(2)(t)

11 U.K. The validity of the proceedings of the Organisation (or any committee or sub-committee) shall not be affected by—

(a) any vacancy among the members of the Organisation or in the office of chairman of the Organisation, or

(b) any defect in the appointment of any person as a member of the Organisation or as chairman of the Organisation.

Evidence U.K.

12 U.K. A document purporting to be—

(a) duly executed under the seal of the Organisation, or

(b) signed on behalf of the Organisation,

shall be received in evidence and, unless the contrary is proved, deemed to be so executed or signed.

Money U.K.

13 U.K. The Secretary of State may make payments to the Organisation out of money provided by Parliament.

[F18 13A (1) The Scottish Ministers may make payments to the Organisation in relation to the exercise by it of its functions in or as regards Scotland. U.K.

(2) For the purposes of section 36(3) of the Police (Scotland) Act 1967, any expenditure under sub-paragraph (1) above shall be treated as expenditure incurred under section 36(1) of the said Act of 1967.]

Textual Amendments

F18 Sch. 8 para. 13A inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 para. 2(8); S.I. 1998/3178, art. 3

14 (1) The Organisation may impose such charges as it considers appropriate for the provision of goods and services in accordance with section 109(3) and (4). U.K.

(2) The Organisation shall pay any sums received in the course of carrying out its functions to the Secretary of State.

(3) Sub-paragraph (2) shall not apply where the Secretary of State, with the consent of the Treasury, so directs.

(4) Any sums received by the Secretary of State under sub-paragraph (2) shall be paid into the Consolidated Fund.

15 U.K. The Organisation may, for purposes related to information technology, make payments to any police authority.

16 (1) The Organisation shall keep proper accounts and records in relation to the accounts. U.K.

(2) The Organisation shall prepare in respect of each financial year a statement of accounts.

(3) The statement shall be in such form, and shall contain such information, as the Secretary of State may, with the consent of the Treasury, direct.

(4) The Organisation shall send copies of the statement to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(5) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in accordance with this paragraph and shall lay copies of the statement and his report before each House of Parliament.

(6) In this paragraph “financial year” means the period of twelve months ending with 31st March; but the first financial year shall be the period beginning with the establishment of the Organisation and ending with the next 31st March.

Annual report U.K.

17 (1) As soon as possible after the end of each financial year, the Organisation shall send to the Secretary of State [F19 and the Scottish Ministers] a report on the discharge of its functions during that year. U.K.

(2) The Secretary of State shall lay a copy of each report before each House of Parliament.

[F20 (2A) The Scottish Ministers shall lay a copy of each report before the Scottish Parliament.]

(3) In this paragraph, “financial year” has the same meaning as in paragraph 16.

Textual Amendments

F19 Words in Sch. 8 para. 17(1) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(9)(a); S.I. 1998/3178, art. 3

F20 Sch. 8 para. 17(2A) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 20 Pt. II para. 2(9)(b); S.I. 1998/3178, art. 3

Status of the Organisation U.K.

18 U.K. The Organisation shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the Organisation shall not be regarded as property of, or property held on behalf of, the Crown.