Police Reform Act 2002

Procedure for giving directions E+W

5 (1) After section 31A (which is inserted by paragraph 4(1)) there shall be inserted—

“31B Procedure for giving directions by the Secretary of State

(1) The Secretary of State shall not give a direction under section 30 or 31A unless—

(a) the NCIS Service Authority and the Director General of NCIS have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

(b) the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds;

(c) the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d) the Secretary of State has considered any such representations and any such proposals.

(2) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 30 or 31A.

(3) Before making any regulations under this section, the Secretary of State shall consult with—

(a) the Scottish Ministers;

(b) the NCIS Service Authority;

(c) the Director General of NCIS;

(d) persons whom he considers to represent the interests of police authorities in England and Wales;

(e) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales; and

(f) such other persons as he thinks fit.

(4) Regulations under this section may make different provision for different cases and circumstances.

(5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

31C Procedure for giving directions by the Scottish Ministers

(1) The Scottish Ministers shall not give a direction under section 30 unless—

(a) the NCIS Service Authority and the Director General of NCIS have each been given such information about the Scottish Ministers’ grounds for proposing to give that direction as they consider appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

(b) the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds;

(c) the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d) the Scottish Ministers have considered any such representations and any such proposals.

(2) The Scottish Ministers may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by them under section 30.

(3) Before making any regulations under this section, the Scottish Ministers shall consult with—

(a) the Secretary of State;

(b) the NCIS Service Authority;

(c) the Director General of NCIS;

(d) persons whom they consider to represent the interests of police authorities in Scotland;

(e) persons whom they consider to represent the interests of chief constables of police forces in Scotland; and

(f) such other persons as they think fit.

(4) Regulations under this section may make different provision for different cases and circumstances.

(5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.”

(2) In section 45 (orders and regulations under Part 1), after “Part” there shall be inserted “ or of the Scottish Ministers to make regulations under this Part ”.

(3) After section 76A (which is inserted by paragraph 4(2)), there shall be inserted—

“76B Procedure for giving directions under sections 75 and 76A

(1) The Secretary of State shall not give a direction under section 75 or 76A unless—

(a) the NCS Service Authority and the Director General of the National Crime Squad have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

(b) the NCS Service Authority and the Director General of the National Crime Squad have each been given an opportunity of making representations about those grounds;

(c) the NCS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d) the Secretary of State has considered any such representations and any such proposals.

(2) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 75 or 76A.

(3) Before making any regulations under this section, the Secretary of State shall consult with—

(a) the NCS Service Authority;

(b) the Director General of the National Crime Squad;

(c) persons whom he considers to represent the interests of police authorities;

(d) persons whom he considers to represent the interests of chief officers of police; and

(e) such other persons as he thinks fit.

(4) Regulations under this section may make different provision for different cases and circumstances.

(5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.”