There shall be a body corporate to be known as the Service Authority for the National Criminal Intelligence Service (in this Part referred to as “the NCIS Service Authority”).

Subject to the following provisions of this section, the NCIS Service Authority shall consist of members.

The Secretary of State may by order provide that the number of members shall be a specified odd number greater than nineteen.

A statutory instrument containing an order under subsection (3) shall be laid before Parliament after being made.

The NCIS Service Authority may co-opt such additional members as it thinks fit.

Parts I, II and IV of Schedule 1 and Schedule 2 shall have effect in relation to the NCIS Service Authority.

The NCIS Service Authority shall maintain a body to be known as the National Criminal Intelligence Service (in this Part referred to as “NCIS”).

NCIS may disclose information for the purposes of Part II of the M1Football Spectators Act 1989 to any person prescribed by regulations made by the Secretary of State.

A statutory instrument containing regulations under subsection (3A) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In discharging any function to which a code of practice issued under section 28 relates, the NCIS Service Authority shall have regard to the code.

The NCIS Service Authority shall comply with any direction given to it by the Secretary of State under section 27 or 30 F7. . . F8or by the Scottish Ministers under section 30.

The NCIS Service Authority shall secure that NCIS is efficient and effective.

The NCIS Service Authority shall, before the beginning of each financial year, determine objectives for that year for NCIS.

Objectives determined under this section may relate to matters to which objectives determined under section 26 also relate, or to other matters, but in any event shall be so framed as to be consistent with the objectives determined under that section.

The NCIS Service Authority shall, before the beginning of each financial year, issue a plan setting out the proposed arrangements for the carrying out by NCIS of its functions during the year (“the service plan”).

A draft of the service plan shall be prepared by the Director General of NCIS and submitted by him to the Authority for it to consider.

Before issuing a service plan which differs from the draft submitted by the Director General under subsection (3), the Authority shall consult the Director General.

The NCIS Service Authority shall, as soon as possible after the end of each financial year, issue a report on the carrying out of its functions during that year.

A report issued under this section for any year shall include an assessment of the extent to which the service plan for that year issued under section 4 has been carried out.

NCIS shall have a Director General appointed by the NCIS Service Authority on such terms and conditions as the Authority considers appropriate.

The Director General shall be chosen by a panel of members of the Authority from a list of persons eligible for appointment which has been prepared by that panel and approved by the Secretary of State F18 after consultation with the Scottish Ministers.

The Director General shall, on appointment, be attested as a constable by making a declaration in the form set out in Schedule 4 to the Police Act 1996 before a justice of the peace F22. . . in England and Wales.

Without prejudice to any other enactment conferring powers on constables for particular purposes, the Director General shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

The Director General shall hold the rank of chief constable.

Without prejudice to section 21 or to any regulations under section 37 or under the M7Police Pensions Act 1976, the NCIS Service Authority, acting with the approval of the Secretary of State, may call upon the Director General of NCIS to retire in the interests of efficiency or effectiveness.

Before seeking the approval of the Secretary of State for the purposes of subsection (1), the Authority shall give the Director General an opportunity to make representations and shall consider any representations that he makes.

Before giving approval under subsection (1), the Secretary of State shall consult the Scottish Ministers.

A Director General who is called upon to retire under subsection (1) shall retire on such date as the Authority may specify or on such earlier date as may be agreed upon between him and the Authority.

The Director General shall consult the NCIS Service Authority before designating a member under subsection (1).

No more than one person shall be authorised to act by virtue of a designation under subsection (1) at any one time; and a person so authorised shall not have power to act by virtue of that subsection for a continuous period exceeding three months except with the consent of the Secretary of State.

Before giving consent under subsection (3), the Secretary of State shall consult the Scottish Ministers.

Subsections (5), (6) and (8) of section 6 apply to a police member to whom subsection (2)(a) above applies as they apply to the Director General of NCIS.

A person appointed under subsection (1)(b) or (c) shall be appointed on such terms and conditions as the NCIS Service Authority considers appropriate.

Before making an appointment under subsection (1)(b) or (c), or determining the terms and conditions on which such an appointment is to be made, the NCIS Service Authority shall consult the Director General of NCIS.

A police member to whom subsection (2)(b) applies shall cease to be a member of NCIS at the end of his period of temporary service (unless re-appointed under this section).

Where an order under section 44 authorises the NCIS Service Authority to make arrangements for the discharge of its functions by the Director General of NCIS, the Authority shall exercise its powers under that order so as to secure that, subject to subsection (9) below, the Director General appoints persons under subsection (1)(b) or (c) to be members of NCIS.

Section 7 applies to a member appointed under this section, other than a member appointed by the Director General by virtue of subsection (8) above, as it applies to the Director General.

Without prejudice to section 21 or to any regulations under section 37 or under the Police Pensions Act 1976 (c. 35), the NCIS Service Authority, acting with the approval of the Secretary of State, may call upon a member of NCIS appointed under section 9 to retire in the interests of efficiency or effectiveness.

Subsection (1) does not apply to any member of NCIS appointed by the Director General by virtue of section 9(8).

Before seeking the approval of the Secretary of State for the purposes of subsection (1), the Authority shall give the member concerned an opportunity to make representations and shall consider any representations that he makes.

Before giving an approval for the purposes of subsection (1), the Secretary of State shall consult the Scottish Ministers.

A member who is called upon to retire under subsection (1) shall retire on such date as the Authority may specify or on such earlier date as may be agreed between him and the Authority.

NCIS shall be under the direction and control of the Director General.

In discharging his functions, the Director General shall have regard to the service plan issued by the NCIS Service Authority under section 4.

The Director General of NCIS shall, as soon as possible after the end of each financial year, submit to the NCIS Service Authority a general report on the activities of NCIS during that year.

The Director General shall arrange for a report submitted by him under subsection (1) to be published in such manner as appears to him to be appropriate.

The NCIS Service Authority may require the Director General to submit to it a report on such matters connected with the activities of NCIS as may be specified in the requirement.

A report submitted under subsection (3) shall be in such form as the Authority may specify.

If it appears to the Director General that a report in compliance with a requirement under subsection (3) would contain information which in the public interest ought not to be disclosed, or is not needed for the discharge of the functions of the Authority, he may request the Authority to refer the requirement to the Secretary of State; and in any such case the requirement shall be of no effect unless it is confirmed by the Secretary of State.

Before confirming any requirement under subsection (5), the Secretary of State shall consult the Scottish Ministers.

The Authority may arrange, or require the Director General to arrange, for a report submitted under subsection (3) to be published in such manner as appears to the Authority to be appropriate.

The NCIS Service Authority may appoint officers and employees to enable it to discharge its functions.

Persons appointed under this section shall be appointed on such terms and conditions as the NCIS Service Authority considers appropriate.

The NCIS Service Authority shall keep a fund to be known as the NCIS service fund.

Subject to any regulations under the M12Police Pensions Act 1976 and to section 21 below, all receipts of the Authority shall be paid into the NCIS service fund and all expenditure of the Authority shall be paid out of that fund.

Accounts shall be kept by the Authority of payments made into or out of the NCIS service fund.

The NCIS Service Authority shall, before the beginning of each financial year, submit to the Secretary of State a budget statement for that year.

In this section references to a budget statement for a financial year are to a statement of the amount which the Authority estimates it requires by way of grant under section 17 for that year.

A budget statement submitted under subsection (1) shall be in such form, and contain such information, as may be prescribed.

Where the NCIS Service Authority has submitted a budget statement for a financial year, it shall notify the Secretary of State, as soon as is practicable, of any change in circumstances which results in a material change (whether an increase or a reduction) in the amount required (or expected to be required) by it by way of grant under section 17 for that year.

In this section “prescribed” means prescribed by an order made by the Secretary of State.

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.

The Secretary of State shall for each financial year make a grant to the NCIS Service Authority.

For every financial year the Secretary of State shall determine the amount of the grant to be made under this section; and a determination under this subsection may be varied by a subsequent determination under this subsection.

If the Secretary of State considers it appropriate, he may make any payment of grant under this section on conditions.

The Secretary of State may require the NCIS Service Authority to provide him, in connection with the exercise of his functions under section 17, with such information as he may specify, within such period as he may specify.

A grant to the NCIS Service Authority under section 17 shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may determine; and any such time may fall within or after the financial year concerned.

Where in consequence of a further determination under section 17(3) the amount of the Authority’s grant is less than the amount already paid to it for the year, a sum equal to the difference shall be paid by the Authority to the Secretary of State at such time as he may specify.

The Scottish Ministers may make payments to the NCIS Service Authority in respect of expenditure incurred (or to be incurred) by it in relation to the exercise by it, or the exercise by NCIS, of their respective functions in or as regards Scotland.

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

The NCIS Service Authority may make charges in respect of the provision of any services, or an agreement for the provision of any services, to any person by the Authority or by NCIS.

Any charges made under this section may include amounts calculated by reference to the expenditure incurred or expected to be incurred by the NCIS Service Authority, or by NCIS, otherwise than directly in connection with the provision of the services concerned.

The NCIS Service Authority may, in connection with the discharge of any of its functions, accept gifts of money, and gifts or loans of other property, on such terms as appear to the Authority to be appropriate.

The terms on which gifts or loans are accepted under subsection (1) may include terms providing for the commercial sponsorship of any activity of the Authority or of NCIS.

Before exercising its powers under subsection (2), the Authority shall have regard to any provision made under the M13Police Pensions Act 1976 or F36section 25(2)(k) of the M14Police (Northern Ireland) Act 1998.

References in this section to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of any of the persons mentioned in subsection (1) or (2) who suffer loss of office or employment or loss or diminution of emoluments.

A statement of accounts under subsection (1) shall be in such form, and contain such information, as the Secretary of State may direct.

Before specifying a period for the purposes of subsection (1)(c), or giving a direction under subsection (2), the Secretary of State must consult the Scottish Ministers.

In subsection (1) “police functions” includes the functions of NCIS and, in the case of an agreement entered by the Director General of the National Crime Squad, the functions of that Squad.

An agreement under subsection (1) or (4) may be varied or determined by a subsequent agreement.

If it appears to the Secretary of State that any party should enter an agreement to which subsection (1), (4) or (6) applies, the Secretary of State may, after considering any representations made by the party concerned, direct the party to enter into such an agreement under those provisions as may be specified in the direction.

The provisions of this section shall not prejudice the power of the NCIS Service Authority, any police authority, the F39Northern Ireland Policing Board or the NCS Service Authority to act jointly, or co-operate in any other way, with any person where to do so is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

The Secretary of State shall obtain the consent of the Scottish Ministers before making any determination under subsection (5) or a direction under subsection (7) if the determination or direction would have any effect on, or apply to, a police force in Scotland or a police authority which maintains a police force in Scotland or, as the case may be, the police authorities for the police area comprised in a combined area in Scotland.

While a constable is provided under this section for the assistance of a police force, the F41Police Service of Northern Ireland or the National Crime Squad he shall, notwithstanding section 10(1), be under the direction and control of the chief officer of that force or, as the case may be, the chief constable of that force or Constabulary or the Director General of that Squad.

While a constable is provided under this section for the assistance of NCIS he shall, notwithstanding section 56(1) below, section 10(1) of the M15Police Act 1996, section 17(2) of the M16Police (Scotland) Act 1967 or F42section 33(1) of the Police (Northern Ireland) Act 2000 be under the direction and control of the Director General of NCIS.

For the purposes of this section “constable”, in relation to Northern Ireland, means a member of the F41Police Service of Northern Ireland or the F43Police Service of Northern Ireland Reserve.

The Secretary of State shall obtain consent of the Scottish Ministers before giving any direction under subsection (3) to the chief constable of any police force in Scotland.

The Secretary of State may by order determine objectives for NCIS.

A statutory instrument containing an order under this section shall be laid before Parliament after being made.

Where an objective has been determined under section 26, the Secretary of State F49, after consultation with the Scottish Ministers, may direct the NCIS Service Authority to establish levels of performance (“performance targets”) to be aimed at in seeking to achieve the objective.

A direction given under this section may impose conditions with which the performance targets must conform.

The Secretary of State shall arrange for any direction given under this section to be published in such manner as appears to him to be appropriate.

The Secretary of State may F50, after consultation with the Scottish Ministers, issue codes of practice relating to the discharge by the NCIS Service Authority of its functions.

The Secretary of State F50, after consultation with the Scottish Ministers, may from time to time revise the whole or part of any code of practice issued under this section.

The Secretary of State shall lay before Parliament a copy of any code of practice, and of any revision of a code of practice, issued by him under this section.

The Secretary of State shall forthwith provide the Scottish Ministers with a copy of any code of practice, and of any revision of a code of practice, issued by him under this section and the Scottish Ministers shall lay any such copy before the Scottish Parliament.

The Secretary of State may issue codes of practice relating to the discharge by the Director General of NCIS of any of his functions.

The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.

Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the Central Police Training and Development Authority to prepare a draft of the code or of the revisions; and the draft prepared by that Authority must contain all such matters as the Secretary of State may specify in the requirement.

Before issuing or revising a code of practice under this section the Secretary of State shall consult the Scottish Ministers.

The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.

In discharging any function to which a code of practice under this section relates, the Director General of NCIS shall have regard to the code.

Where representations are made under subsection (2), the Secretary of State may, and in a case where he proposes to exercise his power under subsection (1)(a) or (b) shall, appoint one or more persons to hold an inquiry and report to him.

The Secretary of State shall take account of any report made under subsection (3).

The person appointed under subsection (3) (or, in a case where more than one person is so appointed, at least one of the persons so appointed) shall not be an officer of police, of a Government department F54of the Scottish Administration,, of NCIS or of the National Crime Squad.

The costs incurred by a relevant person in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the NCIS service fund.

A Director General who is called upon to retire under subsection (1)(a) shall retire on such date as the Secretary of State may specify or on such earlier date as may be agreed between the Director General and the Secretary of State.

The Scottish Ministers may at any time require the inspectors of constabulary appointed under section 33 of the Police (Scotland) Act 1967 to carry out an inspection of NCIS under that section.

The Secretary of State may F61, after consultation with the Scottish Ministers, require the NCIS Service Authority to submit to him a report on such matters connected with the discharge of the Authority’s functions, or otherwise with the activities of NCIS, as may be specified in the requirement.

A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.

The Secretary of State may arrange, or require the Authority to arrange, for a report under this section to be published in such manner as appears to him to be appropriate.

If the Secretary of State considers that remedial measures are required in relation to any matter identified by the report, he may, after consultation with the Scottish Ministers, direct the NCIS Service Authority to submit an action plan to him.

An action plan is a plan setting out the remedial measures which the NCIS Service Authority proposes to take in relation to the matters in respect of which the direction is given.

If the NCIS Service Authority is directed to submit an action plan, that authority shall direct the Director General of NCIS to prepare a draft of it and to submit it to the NCIS Service Authority for that authority to consider.

The NCIS Service Authority, on considering a draft action plan submitted to it under subsection (4) may submit the plan to the Secretary of State, with or without modifications.

If the NCIS Service Authority proposes to make modifications to the draft of the action plan submitted under subsection (4), it must consult with the Director General of NCIS.

On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may, if he is of the opinion that the remedial measures contained in the action plan submitted to him are inadequate, notify the NCIS Service Authority and the Director General of NCIS of that opinion and of his reasons for it.

In forming an opinion for the purposes of subsection (7), the Secretary of State must consult with the Scottish Ministers.

On giving a direction under this section to the NCIS Service Authority, the Secretary of State shall notify the Director General of NCIS that he has given that direction.

The period within which a direction to submit an action plan must be complied with is such period of not less than four weeks and not more than twelve weeks after it is given as may be specified in the direction.

Nothing in this section shall authorise the Secretary of State or the NCIS Service Authority to direct the inclusion in an action plan or draft action plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified.

In this section references, in relation to a case in which there is already an action plan in force, to the submission of a plan to the Secretary of State include references to the submission of revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly.

The NCIS Service Authority shall comply with any direction given to it under this section.

The Director General of NCIS shall comply with any direction given to him under this section.

The Scottish Ministers shall lay any copy of a report sent to them under subsection (17) before the Scottish Parliament.

In this section “an inspection report” means a report under section 54 of the Police Act 1996 (c. 16), section 33 of the Police (Scotland) Act 1967 (c. 77) or section 41 of the Police (Northern Ireland) Act 1998 (c. 32).

Nothing in this section or in section 30 prevents the Secretary of State in the case of the same inspection report from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under that section.

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.

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

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.

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.

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

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.

The Secretary of State may F64, after consultation with the Scottish Ministers, require the Director General of NCIS to submit to him a report on such matters connected with the activities of NCIS as may be specified in the requirement.

A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.

The Secretary of State may arrange, or require the Director General to arrange, for a report under this section to be published in such manner as appears to the Secretary of State to be appropriate.

The Director General shall, as soon as possible after the end of each financial year, submit to the Secretary of State F65and to the Scottish Ministers the like report as is required by section 11 to be submitted to the NCIS Service Authority.

The Director General of NCIS shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime as the Secretary of State may require.

Before making any direction or requirement under subsection (1), the Secretary of State shall consult the Scottish Ministers.

The Director General of NCIS shall send to the Scottish Ministers a copy of any particulars which he transmits under subsection (1).

The Secretary of State shall cause a consolidated and classified abstract of the information transmitted to him under this section to be prepared and laid before Parliament.

The Scottish Ministers shall cause a consolidated and classified abstract of the information which has been received by them under this section to be prepared and laid before the Scottish Parliament.

The Secretary of State may cause an inquiry to be held by a person appointed by him into any matter connected with NCIS.

An inquiry under this section shall be held in public or in private as the Secretary of State may direct.

For the purposes of an inquiry under this section, the person appointed to hold the inquiry may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths.

No person shall be required, in obedience to a summons under subsection (3), to attend to give evidence or to produce any documents, unless the necessary expenses of his attendance are paid or tendered to him.

Nothing in subsection (3) shall empower a person holding an inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of the NCIS Service Authority.

Every person who refuses or deliberately fails to attend in obedience to a summons issued under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding six months, or to both.

Where the report of the person holding an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Secretary of State so far as appears to him consistent with the public interest.

The Secretary of State may direct that the whole or part of the costs (or, in relation to any inquiry held in Scotland, the expenses) incurred by any person for the purposes of an inquiry held under this section shall be defrayed out of the NCIS service fund; and any costs (or expenses) payable under this section shall be subject to taxation in such manner as the Secretary of State may direct.

Before exercising any power conferred on him by subsection (1), (7) or (8), the Secretary of State shall consult the Scottish Ministers.

Subject to the provisions of this section, the Secretary of State may make regulations as to the government and administration of NCIS and conditions of service with NCIS.

Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

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

Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Before making any regulations under this section, the Secretary of State shall consult the Scottish Ministers.

Before making regulations under this section which would relate to police forces in Scotland, the Secretary of State shall obtain the consent of the Scottish Ministers.

The Secretary of State may make regulations relating to the conduct of members of NCIS and the maintenance of discipline in NCIS.

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Where the Director General of NCIS, or a police member to whom section 9(2)(a) applies, is dismissed or required to resign by a decision taken under or by virtue of regulations made under section 37, he may appeal to an appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to an appeals tribunal from any decision of that other person as a result of which he is dismissed or required to resign.

The Secretary of State shall, by order, make provision in relation to appeals tribunals and appeals under subsection (1) corresponding (with or without modification) to that which is or may be made in relation to police appeals tribunals and appeals under section 85(1) of the M21Police Act 1996 by, or by virtue of, section 85(2) to (4) of and Schedule 6 to that Act.

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State shall, by regulations, make provision for the handling of any complaint about the conduct of any member of NCIS which is submitted by, or on behalf of, a member of the public.

Before making regulations containing provision for the purposes mentioned in paragraph (a) of subsection (2), the Secretary of State shall obtain the consent of the Scottish Ministers.

The Secretary of State may F75, after consultation with the Scottish Ministers, issue guidance to persons on whom functions are conferred by regulations under this section concerning the performance of their functions under those regulations, and they shall have regard to any such guidance in the performance of those functions.

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Arrangements made under subsection (1) or (2) shall be reviewed from time to time.

If it appears to the Secretary of State that arrangements made for consultation by the NCIS Service Authority or the Director General under this section are not adequate for the purposes set out in subsection (1) or (2), he may require the Authority or Director General whose duty it is to make the arrangements to submit a report to him concerning the arrangements.

After considering a report submitted under subsection (4), the Secretary of State may require the Authority or Director General who submitted it to review the arrangements and submit a further report to him concerning them.

Before exercising the powers conferred on him by subsection (4) or (5), the Secretary of State shall consult the Scottish Ministers.

The Authority or Director General shall be under the same duties to consult when reviewing arrangements as when making them.

The Director General of NCIS shall be liable in respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.

Any proceedings in respect of a claim made by virtue of this section shall be brought against the Director General of NCIS for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the Director General; and references in this section to the Director General shall be construed accordingly.

The Secretary of State may by order make provision (including provision as regards Scotland and Northern Ireland) in relation to the NCIS Service Authority about matters of the kind dealt with in the enactments listed in Schedule 4 (which lists enactments which make provision about police authorities established under section 3 of the M26Police Act 1996).

Before making any order under this section, the Secretary of State shall consult the Scottish Ministers.

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

There shall be a body corporate to be known as the Service Authority for the National Crime Squad (in this Part referred to as “the NCS Service Authority”).

Subject to the following provisions of this section, the NCS Service Authority shall consist of seventeen members.

The Secretary of State may by order provide that the number of its members shall be a specified odd number greater than seventeen.

A statutory instrument containing an order under subsection (3) shall be laid before Parliament after being made.

The NCS Service Authority may co-opt such additional members as it thinks fit.

Parts I, III and IV of Schedule 1 and Schedule 2 shall have effect in relation to the NCS Service Authority.

The NCS Service Authority shall maintain a body to be known as the National Crime Squad.

The function of the National Crime Squad shall be to prevent and detect serious crime which is of relevance to more than one police area in England and Wales.

In discharging any function to which a code of practice issued under section 73 relates, the NCS Service Authority shall have regard to the code.

The NCS Service Authority shall comply with any direction given to it by the Secretary of State under section 72 or 75 F80. . ..

The NCS Service Authority shall secure that the National Crime Squad is efficient and effective.

The NCS Service Authority shall, before the beginning of each financial year, determine objectives for that year for the National Crime Squad.

Objectives determined under this section may relate to matters to which objectives determined under section 71 also relate, or to other matters, but in any event shall be so framed as to be consistent with the objectives determined under that section.

The NCS Service Authority shall, before the beginning of each financial year, issue a plan setting out the proposed arrangements for the carrying out by the National Crime Squad of its functions during the year (“the service plan”).

A draft of the service plan shall be prepared by the Director General of the National Crime Squad and submitted by him to the Authority for it to consider.

Before issuing a service plan which differs from the draft submitted by the Director General under subsection (3), the Authority shall consult the Director General.

The NCS Service Authority shall, as soon as possible after the end of each financial year, issue a report on the carrying out of its functions during that year.

A report issued under this section for any year shall include an assessment of the extent to which the service plan for that year issued under section 50 has been carried out.

The National Crime Squad shall have a Director General appointed by the NCS Service Authority on such terms and conditions as the Authority considers appropriate.

The Director General shall be chosen by a panel of members of the Authority from a list of persons eligible for appointment which has been prepared by that panel and approved by the Secretary of State.

The Director General shall, on appointment, be attested as a constable by making a declaration in the form set out in Schedule 4 to the Police Act 1996 before a justice of the peace F83. . . in England and Wales.

Without prejudice to any other enactment conferring powers on constables for particular purposes, the Director General shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

The Director General shall hold the rank of chief constable.

Without prejudice to section 66 or to any regulations under section 81 or under the M30Police Pensions Act 1976, the NCS Service Authority, acting with the approval of the Secretary of State, may call upon the Director General of the National Crime Squad to retire in the interests of efficiency or effectiveness.

Before seeking the approval of the Secretary of State for the purposes of subsection (1), the Authority shall give the Director General an opportunity to make representations and shall consider any representations that he makes.

A Director General who is called upon to retire under subsection (1) shall retire on such date as the Authority may specify or on such earlier date as may be agreed upon between him and the Authority.

The Director General shall consult the NCS Service Authority before designating a member under subsection (1).

No more than one person shall be authorised to act by virtue of a designation under subsection (1) at any one time; and a person so authorised shall not have power to act by virtue of that subsection for a continuous period exceeding three months except with the consent of the Secretary of State.

Subsections (5), (6) and (8) of section 52 apply to a police member to whom subsection (2)(a) above applies as they apply to the Director General of the National Crime Squad.

A person appointed under subsection (1)(b) or (c) shall be appointed on such terms and conditions as the NCS Service Authority considers appropriate.

Before making an appointment under subsection (1)(b) or (c), or determining the terms and conditions on which such an appointment is to be made, the NCS Service Authority shall consult the Director General of the National Crime Squad.

A police member to whom subsection (2)(b) applies shall cease to be a member of the National Crime Squad at the end of his period of temporary service (unless re-appointed under this section).

The NCS Service Authority shall exercise its powers under section 101 (and section 107) of the M35Local Government Act 1972 so as to secure that, subject to subsection (9) below, the Director General of the National Crime Squad appoints persons under subsection (1)(b) or (c) to be members of the National Crime Squad.

Section 53 applies to a member appointed under this section, other than a member appointed by the Director General by virtue of subsection (8), as it applies to the Director General.

Without prejudice to section 66 or to any regulations under section 81 or under the Police Pensions Act 1976 (c. 35), the NCS Service Authority, acting with the approval of the Secretary of State, may call upon a member of the National Crime Squad appointed under section 55 to retire in the interests of efficiency or effectiveness.

Subsection (1) does not apply to any member of the National Crime Squad appointed by the Director General by virtue of section 55(8).

Before seeking the approval of the Secretary of State for the purposes of subsection (1), the Authority shall give the member concerned an opportunity to make representations and shall consider any representations that he makes.

A member who is called upon to retire under subsection (1) shall retire on such date as the Authority may specify or on such earlier date as may be agreed between him and the Authority.

The National Crime Squad shall be under the direction and control of the Director General.

In discharging his functions, the Director General shall have regard to the service plan issued by the NCS Service Authority under section 50.

The Director General of the National Crime Squad shall, as soon as possible after the end of each financial year, submit to the NCS Service Authority a general report on the activities of the Squad during that year.

The Director General shall arrange for a report submitted by him under subsection (1) to be published in such manner as appears to him to be appropriate.

The NCS Service Authority may require the Director General to submit to it a report on such matters connected with the activities of the National Crime Squad as may be specified in the requirement.

A report submitted under subsection (3) shall be in such form as the Authority may specify.

If it appears to the Director General that a report in compliance with subsection (3) would contain information which in the public interest ought not to be disclosed, or is not needed for the discharge of the functions of the Authority, he may request the Authority to refer the requirement to the Secretary of State; and in any such case the requirement shall be of no effect unless it is confirmed by the Secretary of State.

The Authority may arrange, or require the Director General to arrange, for a report submitted under subsection (3) to be published in such manner as appears to the Authority to be appropriate.

The NCS Service Authority may appoint officers and employees to enable the Authority to discharge its functions.

Persons appointed under this section shall be appointed on such terms and conditions as the NCS Service Authority considers appropriate.

The NCS Service Authority shall keep a fund to be known as the NCS service fund.

Subject to any regulations under the M36Police Pensions Act 1976 and to section 66 below, all receipts of the Authority shall be paid into the NCS service fund and all expenditure of the Authority shall be paid out of that fund.

Accounts shall be kept by the Authority of payments made into or out of the NCS service fund.

The NCS Service Authority shall, before the beginning of each financial year, submit to the Secretary of State a budget statement for that year.

In this section references to a budget statement for a financial year are to a statement of the amount which the Authority estimates it requires by way of grant under section 62 for that year.

A budget statement submitted under subsection (1) shall be in such form, and contain such information, as may be prescribed.

Where the NCS Service Authority has submitted a budget statement for a financial year, it shall notify the Secretary of State, as soon as is practicable, of any change in circumstances which results in a material change (whether an increase or a reduction) in the amount required (or expected to be required) by it by way of grant under section 62 for that year.

In this section “prescribed” means prescribed by an order made by the Secretary of State.

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.

The Secretary of State shall for each financial year make a grant to the NCS Service Authority.

For every financial year the Secretary of State shall determine the amount of the grant to be made under this section; and a determination under this subsection may be varied by a subsequent determination under this subsection.

If the Secretary of State considers it appropriate, he may make any payment of grant under this section on conditions.

The Secretary of State may require the NCS Service Authority to provide him, in connection with the exercise of his functions under section 62, with such information as he may specify, within such period as he may specify.

A grant to the NCS Service Authority under section 62 shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may determine; and any such time may fall within or after the financial year concerned.

Where in consequence of a further determination under section 62(3) the amount of the Authority’s grant is less than the amount already paid to it for the year, a sum equal to the difference shall be paid by the Authority to the Secretary of State at such time as he may specify.

The NCS Service Authority may make charges in respect of the provision of any services, or an agreement for the provision of any services, to any person by the Authority or by the National Crime Squad.

Any charges made under this section may include amounts calculated by reference to the expenditure incurred or expected to be incurred by the NCS Service Authority, or by the National Crime Squad, otherwise than directly in connection with the provision of the services concerned.

The NCS Service Authority may, in connection with the discharge of any of its functions, accept gifts of money, and gifts or loans of other property, on such terms as appear to the Authority to be appropriate.

The terms on which gifts or loans are accepted under subsection (1) may include terms providing for the commercial sponsorship of any activity of the Authority or of the National Crime Squad.

Before exercising its powers under subsection (2), the Authority shall have regard to any provision made under the M37Police Pensions Act 1976 or F91section 25(2)(k) of the Police Act (Northern Ireland) 1998.

References in this section to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of any of the persons mentioned in subsection (1) or (2) who suffer loss of office or employment or loss or diminution of emoluments.

A statement of accounts under subsection (1) shall be in such form, and contain such information, as the Secretary of State may direct.

The Secretary of State may by order determine objectives for the National Crime Squad.

A statutory instrument containing an order under this section shall be laid before Parliament after being made.

Where an objective has been determined under section 71, the Secretary of State may direct the NCS Service Authority to establish levels of performance (“performance targets”) to be aimed at in seeking to achieve the objective.

A direction given under this section may impose conditions with which the performance targets must conform.

The Secretary of State shall arrange for any direction given under this section to be published in such manner as appears to him to be appropriate.

The Secretary of State may issue codes of practice relating to the discharge by the NCS Service Authority of its functions.

The Secretary of State may from time to time revise the whole or part of any code of practice issued under this section.

The Secretary of State shall lay before Parliament a copy of any code of practice, and of any revision of a code of practice, issued by him under this section.

The Secretary of State may issue codes of practice relating to the discharge by the Director General of the National Crime Squad of any of his functions.

The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.

Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the Central Police Training and Development Authority to prepare a draft of the code or of the revisions; and the draft prepared by that Authority must contain all such matters as the Secretary of State may specify in the requirement.

The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.

In discharging any function to which a code of practice under this section relates, the Director General of the National Crime Squad shall have regard to the code.

The Secretary of State may require the NCS Service Authority to exercise its power under section 53 to call upon the Director General of the National Crime Squad, or any other member (other than a member appointed by the Director General by virtue of section 55(8)) to retire in the interests of efficiency or effectiveness.

Where representations are made under this section the Secretary of State may, and in a case where he proposes to exercise a power conferred by subsection (1) shall, appoint one or more persons to hold an inquiry and report to him.

The Secretary of State shall take account of any report made under subsection (3).

The person appointed under subsection (3) (or, in a case where more than one person is so appointed, at least one of the persons so appointed) shall not be an officer of police, of a Government department, of the National Crime Squad or of NCIS.

The costs incurred by a relevant person in respect of an inquiry under this section, taxed in such manner as the Secretary of State may direct, shall be defrayed out of the NCS service fund.

The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection of the National Crime Squad under section 54 of the M40Police Act 1996.

The Secretary of State may require the NCS Service Authority to submit to him a report on such matters connected with the discharge of the Authority’s functions, or otherwise with the activities of the National Crime Squad, as may be specified in the requirement.

A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.

The Secretary of State may arrange, or require the Authority to arrange, for a report under this section to be published in such manner as appears to him to be appropriate.

If the Secretary of State considers that remedial measures are required in relation to any matter identified by the report, he may direct the NCS Service Authority to submit an action plan to him.

An action plan is a plan setting out the remedial measures which the NCS Service Authority proposes to take in relation to the matters in respect of which the direction is given.

If the NCS Service Authority is directed to submit an action plan, that authority shall direct the Director General of the National Crime Squad to prepare a draft of it and to submit it to the NCS Service Authority for that authority to consider.

The NCS Service Authority, on considering a draft action plan submitted to it under subsection (4) may submit the plan to the Secretary of State, with or without modifications.

If the NCS Service Authority proposes to make modifications to the draft of the action plan submitted under subsection (4), it must consult with the Director General of the National Crime Squad.

On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may , if he is of the opinion that the remedial measures contained in the action plan submitted to him are inadequate, notify the NCS Service Authority and the Director General of the National Crime Squad of that opinion and of his reasons for it.

On giving a direction under this section to the NCS Service Authority, the Secretary of State shall notify the Director General of the National Crime Squad that he has given that direction.

The period within which a direction to submit an action plan must be complied with is such period of not less than four weeks and not more than twelve weeks after it is given as may be specified in the direction.

Nothing in this section shall authorise the Secretary of State or the NCS Service Authority to direct the inclusion in an action plan or draft action plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified.

In this section references, in relation to a case in which there is already an action plan in force, to the submission of a plan to the Secretary of State include references to the submission of revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly.

The NCS Service Authority shall comply with any direction given to it under this section.

The Director General of the National Crime Squad shall comply with any direction given to him under this section.

Nothing in this section or in section 75 prevents the Secretary of State in the case of the same report under section 54 of the Police Act 1996 (c. 16) from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 75.

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.

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

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.

The Secretary of State may require the Director General of the National Crime Squad to submit to him a report on such matters connected with the activities of the National Crime Squad as may be specified in the requirement.

A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.

The Secretary of State may arrange, or require the Director General to arrange, for a report under this section to be published in such manner as appears to the Secretary of State to be appropriate.

The Director General shall, as soon as possible after the end of each financial year, submit to the Secretary of State the like report as is required by section 57 to be submitted to the NCS Service Authority.

The Director General of the National Crime Squad shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime as the Secretary of State may require.

The Secretary of State shall cause a consolidated and classified abstract of the information transmitted to him under this section to be included in the abstract laid before Parliament under section 45 of the M41Police Act 1996.

The Secretary of State may cause an inquiry to be held by a person appointed by him into any matter connected with the National Crime Squad.

An inquiry under this section shall be held in public or in private as the Secretary of State may direct.

Subsections (2) and (3) of section 250 of the M42Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this section as they apply to an inquiry held under that section.

Where the report of the person holding an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Secretary of State so far as appears to him consistent with the public interest.

The Secretary of State may direct that the whole or part of the costs incurred by any person for the purposes of an inquiry held under this section shall be defrayed out of the NCS service fund; and any costs payable under this section shall be subject to taxation in such manner as the Secretary of State may direct.

Subject to the provisions of this section, the Secretary of State may make regulations as to the government and administration of the National Crime Squad and conditions of service with that Squad.

Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

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

Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it.

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

A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State may make regulations as to the conduct of members of the National Crime Squad and the maintenance of discipline in that Squad.

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Where the Director General of the National Crime Squad, or a police member to whom section 55(2)(a) applies, is dismissed or required to resign by a decision taken under or by virtue of regulations made under section 81, he may appeal to an appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to an appeals tribunal from any decision of that other person as a result of which he is dismissed or required to resign.

Section 85(2) to (5) of, and Schedule 6 to, the M43Police Act 1996 (police appeals tribunals) shall apply, subject to such modifications as the Secretary of State may by order prescribe, in relation to an appeals tribunal and an appeal under subsection (1) above as they apply in relation to a police appeals tribunal and an appeal under section 85(1) of that Act.

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State shall, by regulations, make provision for the handling of any complaint about the conduct of any member of the National Crime Squad which is submitted by, or on behalf of, a member of the public.

The procedures established by virtue of subsection (1) shall, so far as the Secretary of State thinks it desirable, be procedures corresponding or similar to those established by or by virtue of Chapter I of Part IV of the Police Act 1996 (police complaints), and for that purpose regulations may confer additional functions on the Police Complaints Authority.

The Secretary of State may issue guidance to persons on whom functions are conferred by regulations under this section concerning the performance of their functions under those regulations, and they shall have regard to any such guidance in the performance of those functions.

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Arrangements made under subsection (1) or (2) shall be reviewed from time to time.

If it appears to the Secretary of State that arrangements made for consultation by the NCS Service Authority or the Director General under this section are not adequate for the purposes set out in subsection (1) or (2), he may require the Authority or Director General whose duty it is to make the arrangements to submit a report to him concerning the arrangements.

After considering a report submitted under subsection (4), the Secretary of State may require the Authority or Director General who submitted it to review the arrangements and submit a further report to him concerning them.

The Authority or Director General shall be under the same duties to consult when reviewing arrangements as when making them.

The Director General of the National Crime Squad shall be liable in respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.

Any proceedings in respect of a claim made by virtue of this section shall be brought against the Director General of the National Crime Squad for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the Director General; and references in subsections (1) and (2) to the Director General shall be construed accordingly.

The persons appointed under subsection (1) shall be persons who hold or have held high judicial office within the meaning of the M45Appellate Jurisdiction Act 1876.

Subject to subsections (4) to (7), each Commissioner shall hold and vacate office in accordance with the terms of his appointment.

Each Commissioner shall be appointed for a term of three years.

A person who ceases to be a Commissioner (otherwise than under subsection (7)) may be reappointed under this section.

The Secretary of State shall pay to each Commissioner F101, other than a commissioner carrying out functions as mentioned in subsection (8A), such allowances as the Secretary of State considers appropriate.

The Scottish Ministers shall pay to any Commissioner who carries out his functions under this Part wholly or mainly in Scotland such allowances as the Scottish Ministers consider appropriate.

The Secretary of State shall, after consultation with the Chief Commissioner F103and subject to the approval of the Treasury as to numbers, provide the Commissioners F104and any Assistant Surveillance Commissioners holding office under section 63 of the Regulation of Investigatory Powers Act 2000F105, other than any Commissioner carrying out functions as mentioned in subsection (9A), with such staff as the Secretary of State considers necessary for the discharge of their functions.

The Scottish Ministers shall, after consultation with the Chief Commissioner, provide any Commissioner who carries out his functions under this Part wholly or mainly in Scotland with such staff as the Scottish Ministers consider necessary for the discharge of his functions.

The decisions of the Chief Commissioner or, subject to sections 104 and 106, any other Commissioner (including decisions as to his jurisdiction) shall not be subject to appeal or liable to be questioned in any court.

The action falling within this subsection is action for maintaining or retrieving any equipment, apparatus or device the placing or use of which in the relevant area has been authorised under this Part or Part II of the Regulation of Investigatory Powers Act 2000 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by Part II of that Act of 2000.

Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the F112Police Service of Northern Ireland as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security.

The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any authorisation shall include whether what it is thought necessary to achieve by the authorised action could reasonably be achieved by other means.

The powers conferred by, or by virtue of, this section are additional to any other powers which a person has as a constable either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.

A police member of the National Criminal Intelligence Service or the National Crime Squad appointed under section 9(1)(b) or 55(1)(b) may not be designated under subsection (2)(e) F128or (2)(ea) unless—

An authorisation shall be in writing, except that in an urgent case an authorisation (other than one given by virtue of section 94) may be given orally.

If at any time before an authorisation would cease to have effect the authorising officer who gave the authorisation, or in whose absence it was given, considers it necessary for the authorisation to continue to have effect for the purpose for which it was issued, he may, in writing, renew it for a period of three months beginning with the day on which it would cease to have effect.

A person shall cancel an authorisation given by him if satisfied that F133the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.

An authorising officer shall cancel an authorisation given in his absence if satisfied that F133the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied..

If the authorising officer who gave the authorisation is within paragraph (b) F134, (e) or (g) of section 93(5), the power conferred on that person by subsections (3) and (4) above shall also be exercisable by each of the other persons within the paragraph concerned.

Nothing in this section shall prevent a designated deputy from exercising the powers conferred on an authorising officer within paragraph (a), (c), (d), (f) or (g) of section 93(5) by subsections (3), (4) and (5) above.

Where a person gives, renews or cancels an authorisation, he shall, as soon as is reasonably practicable and in accordance with arrangements made by the Chief Commissioner, give notice in writing that he has done so to a Commissioner appointed under section 91(1)(b).

Subject to subsection (3), a notice under this section shall specify such matters as the Secretary of State may by order prescribe.

Where a notice is given to a Commissioner under this section, he shall, as soon as is reasonably practicable, scrutinise the notice.

An order under subsection (2) shall be made by statutory instrument.

A statutory instrument which contains an order under subsection (2) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

This section does not apply to an authorisation where the person who gives it believes that the case is one of urgency.

A Commissioner shall approve an authorisation if, and only if, he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2).

Where a Commissioner refuses to approve an authorisation, he shall, as soon as is reasonably practicable, make a report of his findings to the authorising officer who gave it or in whose absence it was given F135. . ..

The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b), (e) or (g) of section 93(5), as a reference to the Commissioner of Police, Chief Constable or, as the case may be, Director General mentioned in the paragraph concerned.

This section shall apply in relation to a renewal of an authorisation as it applies in relation to an authorisation (the references in subsection (2)(a) and (b) to the authorisation being construed as references to the authorisation renewed).

Subject to subsection (5) below, in section 97 “matters subject to legal privilege” means matters to which subsection (2), (3) or (4) below applies.

For the purposes of subsection (1), a person who receives material, or acquires information, from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.

Where, at any time, a Commissioner appointed under section 91(1)(b) is satisfied that, at the time an authorisation was given or renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may quash the authorisation or, as the case may be, renewal.

Where a Commissioner quashes an authorisation or renewal under subsection (1) or (2), he may order the destruction of any records relating to information obtained by virtue of the authorisation (or, in the case of a renewal, relating wholly or partly to information so obtained after the renewal) other than records required for pending criminal or civil proceedings.

If a Commissioner appointed under section 91(1)(b) is satisfied that, at any time after an authorisation was given or, in the case of an authorisation renewed under section 95, after it was renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may cancel the authorisation.

Where a Commissioner exercises his powers under subsection (1), (2) or (4), he shall, if he is satisfied that there are reasonable grounds for doing so, order that the authorisation shall be effective, for such period as he shall specify, so far as it authorises the taking of action to retrieve anything left on property in accordance with the authorisation.

A Commissioner may exercise any of the powers conferred by this section notwithstanding any approval given under section 97.

In subsection (1), “the prescribed period” means the period of seven days beginning with the day on which the refusal, decision or, as the case may be, determination appealed against is reported to the authorising officer.

In determining an appeal within subsection (1)(a), the Chief Commissioner shall, if he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2), allow the appeal and direct the Commissioner to approve the authorisation or renewal under that section.

In determining an appeal within subsection (1)(f), the Chief Commissioner shall allow the appeal and order that the authorisation shall be effective to the extent mentioned in section 103(6), for such period as he shall specify, if he is satisfied that there are reasonable grounds for making such an order.

Subject to subsection (1)(b), the Chief Commissioner shall not give any reasons for a determination under section 104.

Nothing in section 104 shall prevent a designated deputy from exercising the powers conferred by subsection (1) of that section on an authorising officer within paragraph (a), (c), (d), (f) or (g) of section 93(5).

The Chief Commissioner shall keep under review the performance of functions under this Part.

The Chief Commissioner shall make an annual report on F146the matters with which he is concerned to the Prime Minister F147and to the Scottish Ministers and may at any time report to him F147or them (as the case may require) on F146anything relating to any of those matters.

The Prime Minister shall lay before each House of Parliament a copy of each annual report made by the Chief Commissioner under subsection (2) together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.

The Scottish Ministers shall lay before the Scottish Parliament a copy of each annual report made by the Chief Commissioner under subsection (2), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.

Any person having functions under this Part, and any person taking action in relation to which an authorisation was given, shall comply with any request of a Commissioner for documents or information required by him for the purpose of enabling him to discharge his functions.

In this section “public authority” means any public authority within the meaning of section 6 of the M60Human Rights Act 1998 (acts of public authorities) other than a court or tribunal.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.