Police Act 1997
Part I The National Criminal Intelligence Service
The Service Authority
1 The Service Authority for the National Criminal Intelligence Service.
Functions
2 General functions of the NCIS Service Authority and NCIS.
3 Objectives.
4 Service plans.
5 Annual reports.
Director General and other members
6 Appointment of Director General.
7 Removal of Director General by the Authority.
8 Deputy Director General.
9 Members of NCIS.
9A Removal of certain members appointed under section 9
Functions of Director General
10 General function of Director General.
11 Reports by Director General to the Authority.
12 Responsibility for co-ordination of police and Security Service activities.
Service Authority’s officers and employees
13 Officers and employees.
14 Appointment of clerk.
15 Appointment of persons not employed by the NCIS Service Authority.
Financial provisions
16 NCIS service fund.
16A Budget statement
17A Provision supplemental to section 17
17 Power to issue levies.
18 Initial financing of NCIS Service Authority.
18A Financing by the Scottish Ministers
19 Charges.
20 Acceptance of gifts and loans.
21 Pensions and gratuities.
21A Accounts
General provisions
22 Collaboration agreements.
23 Aid by and for NCIS.
24 Provision of special services.
Central supervision and direction
25 General duty of the Secretary of State and the Scottish Ministers
26 Setting of objectives.
27 Setting of performance targets.
28 Codes of practice.
28A Codes of practice for Director General of NCIS
29 Removal of Director General etc.
30 Power to give directions after adverse report.
31 Reports from NCIS Service Authority.
31A Power to give directions as to action plans
31B Procedure for giving directions by the Secretary of State
31C Procedure for giving directions by the Scottish Ministers
32 Reports from Director General.
33 Criminal statistics.
34 Inquiries.
34A Regulations for NCIS
35 Regulations as to standard of equipment.
36 Common services.
Discipline and complaints
37 Discipline regulations.
38 Appeals.
39 Complaints.
40 Information as to the manner of dealing with complaints etc.
Miscellaneous
41 Arrangements for consultation.
42 Liability for wrongful acts of constables etc.
43 Causing disaffection.
44 Orders governing NCIS Service Authority.
General
45 Orders and regulations.
46 Interpretation of Part I.
Part II The National Crime Squad
The Service Authority
47 The Service Authority for the National Crime Squad.
Functions
48 General functions of the NCS Service Authority and the National Crime Squad.
49 Objectives.
50 Service plans.
51 Annual reports.
Director General and other members
52 Appointment of Director General.
53 Removal of Director General by the Authority.
54 Deputy Director General.
55 Members of the National Crime Squad.
55A Removal of certain members appointed under section 55
Functions of Director General
56 General function of Director General.
57 Reports by Director General to the Authority.
Service Authority’s officers and employees
58 Officers and employees.
59 Appointment of clerk.
60 Appointment of persons not employed by the NCS Service Authority.
Financial provisions
61 NCS service fund.
61A Budget statement
62 Power to issue levies.
62A Provision supplemental to section 62
63 Initial financing of NCS Service Authority.
64 Charges.
65 Acceptance of gifts and loans.
66 Pensions and gratuities.
66A Accounts
67 Revenue accounts and capital finance.
68 Financial administration.
Special services
69 Provision of special services.
Central supervision and direction
70 General duty of Secretary of State.
71 Setting of objectives.
72 Setting of performance targets.
73 Codes of practice.
73A Codes of practice for Director General of NCS
74 Removal of Director General etc.
75 Power to give directions after adverse report.
76 Reports from NCS Service Authority.
76A Power to give directions as to action plans
76B Procedure for giving directions under sections 75 and 76A
77 Reports from Director General.
78 Criminal statistics.
79 Inquiries.
79A Regulations for NCS
80 Regulations as to standard of equipment.
80A Regulation of procedures and practices
Discipline and complaints
81 Discipline regulations.
82 Appeals.
83 Complaints.
84 Information as to the manner of dealing with complaints etc.
Miscellaneous
85 Arrangements for consultation.
86 Liability for wrongful acts of constables etc.
87 Causing disaffection.
88 Application to NCS Service Authority of local authority enactments.
General
89 Orders and regulations.
90 Interpretation of Part II.
Part III Authorisation of Action in Respect of Property
The Commissioners
91 The Commissioners.
Authorisations
92 Effect of authorisation under Part III.
93 Authorisations to interfere with property etc.
94 Authorisations given in absence of authorising officer.
95 Authorisations: form and duration etc.
96 Notification of authorisations etc.
Authorisations requiring approval
97 Authorisations requiring approval.
98 Matters subject to legal privilege.
99 Confidential personal information.
100 Confidential journalistic material.
Code of Practice
101 Code of practice.
Complaints etc.
102 Complaints.
103 Quashing of authorisations etc.
Appeals
104 Appeals by authorising officers.
105 Appeals by authorising officers: supplementary.
106 Appeals by complainants.
General
107 Supplementary provisions relating to Commissioners.
108 Interpretation of Part III.
Part IV Police Information Technology Organisation
109 Police Information Technology Organisation.
110 Relationship between the Organisation and the Secretary of State.
111 Interpretation of Part IV.
Part V Certificates of Criminal Records, &c.
112 Criminal conviction certificates.
113 Criminal record certificates.
114 Criminal record certificates: Crown employment.
115 Enhanced criminal record certificates.
116 Enhanced criminal record certificates: judicial appointments and Crown employment.
117 Disputes about accuracy of certificates.
118 Evidence of identity.
119 Sources of information.
120 Registered persons.
120A Refusal and cancellation of registration
121 Performance by constables on central service in Scotland of functions under this Part.
122 Code of practice.
123 Offences: falsification, &c.
124 Offences: disclosure.
125 Regulations.
126 Interpretation of Part V.
127 Saving: disclosure of information and records.
Part VI Miscellaneous
Amendments of Police Act 1996
128 Regulations for special constables and police cadets.
129 Change of name or description of certain police areas.
Amendments of Police Act (Northern Ireland) 1970
130 Members of RUC engaged on service outside their force.
131 Regulations requiring use of specified facilities or services.
132 Expenditure by Secretary of State for police purposes.
Rehabilitation of Offenders
133 Rehabilitation of Offenders.
Part VII General
133A Meaning of “prevention” and “detection”.
134 Amendments and repeals.
135 Commencement.
136 Police: co-operation on implementation.
137 Extent.
138 Short title.
SCHEDULES
SCHEDULE 1 Appointment of Members of the Service Authorities
Part I Core Members
1(1) The NCS Service Authority and the NCIS Service Authority...
2(1) Three of the core members shall be persons appointed...
3(1) Two of the core members shall be appointed by...
4(1) Four of the core members shall be appointed by...
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6One of the core members shall be a Crown servant...
6AOne of the core members shall be a customs officer...
6B(1) The Secretary of State may appoint one of the...
Part II Additional Members of NCIS Service Authority
7Where the NCIS Service Authority is to consist of nineteen...
7A(1) Where an appointment falls to be made in accordance...
7B(1) Where an appointment falls to be made in accordance...
8(1) Where the Authority is to consist of more than...
Part III Additional Members of NCS Service Authority
9Where the NCS Service Authority is to consist of seventeen...
10(1) Where the Authority is to consist of more than...
Part IV General
Membership of more than one Service Authority by non-core members
11(1) Nothing in this Schedule shall prevent a member of...
Local authority members
12Local authority members of police authorities for areas in England...
13The clerk to a Service Authority shall make such arrangements...
Interpretation
14In this Schedule “local authority members of police authorities”, in...
15In this Schedule— (a) “the relevant police officers” shall be...
16For the purposes of this Schedule, the Commissioner of Police...
SCHEDULE 2 Other Provisions about Members of Service Authorities
Disqualification
1A person shall be disqualified for being appointed as a...
2(1) A person shall be disqualified for being appointed as...
3(1) Subject to sub-paragraphs (2) and (3), a person shall...
Tenure of office
4Subject to the following paragraphs (and to the provisions of...
5A person shall be appointed to hold office as a...
6(1) A person may at any time—
7(1) A member of a police authority appointed to be...
8(1) Subject to sub-paragraph (3), a member of a Service...
9(1) A member of a Service Authority appointed under paragraph...
10Where a core member appointed under Part I of Schedule...
Chairman
11(1) On being notified of a casual vacancy occurring in...
Eligibility for re-appointment
12A person who ceases to be a member or to...
Eligibility to vote
13A member of a Service Authority appointed under paragraph 3,...
14A member of a Service Authority appointed under paragraph 6,...
Validity of acts
15The acts and proceedings of any person appointed to be...
16The proceedings of a Service Authority shall not be invalidated...
Allowances
17(1) Subject to sub-paragraph (2), a Service Authority may make...
17AAllowances for members etc.
Co-opted Members
18(1) Paragraphs 1 to 3 apply to a person co-opted...
Interpretation
19For the purposes of this Schedule— (a) “Service Authority” means—...
SCHEDULE 2A Further provisions about Service Authorities
1Powers
2Committees
3Proceedings
4(1) Each Service Authority shall make provision for a quorum...
5Arrangements for discharge of functions by Service Authorities
6(1) A Service Authority may discharge any of its functions...
7References in paragraphs 5 and 6 to the discharge of...
8(1) For the purposes of paragraphs 5 and 6, “...
9Interpretation
SCHEDULE 3 Levies Issued by NCIS Service Authority
Decisions of Service Authority
1(1) Where an order under section 17 requires the NCIS...
Approval by Secretary of State
2(1) Subject to paragraph 3, a levy shall not be...
Directions
3(1) Where the Secretary of State does not approve, under...
Notices
4(1) The NCIS Service Authority shall, within the prescribed period,...
Interpretation
5In this Schedule “prescribed” means prescribed by an order under...
SCHEDULE 4 Subject-Matter of Orders About NCIS Service Authority
SCHEDULE 5 Levies Issued by NCS Service Authority
Decisions of Service Authority
1(1) Where an order under section 62 requires the NCS...
Approval by Secretary of State
2(1) Subject to paragraph 3, a levy shall not be...
Directions
3(1) Where the Secretary of State does not approve, under...
Notices
4(1) The NCS Service Authority shall, within the prescribed period,...
Interpretation
5In this Schedule “prescribed” means prescribed by an order under...
SCHEDULE 6 Application to NCS Service Authority of Local Government Enactments
Local Government Act 1972 (c. 70)
1In section 94 of the Local Government Act 1972 (disability...
2In section 98— (a) in subsection (1A) (application to joint...
3In section 99 (meetings and proceedings of local authorities) after...
4(1) Section 100J (application to joint authorities etc. of provisions...
5(1) Section 107 (application to police authorities of provisions relating...
6(1) Section 146A (application to police authorities of miscellaneous powers...
7In section 223 (appearance of local authorities in legal proceedings),...
8In section 228 (inspection of documents), in subsection (7A), after...
9The words “and the Service Authority for the National Crime...
10(1) Schedule 12 (meetings and proceedings of local authorities) shall...
Local Government Act 1974 (c. 7)
11In section 25 of the Local Government Act 1974 (authorities...
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
12In section 30 of the Local Government (Miscellaneous Provisions) Act...
13In section 44 (interpretation), in subsection (1), in paragraph (a)...
Local Government, Planning and Land Act 1980 (c. 65)
14In section 20 of the Local Government, Planning and Land...
15In section 99 (directions to dispose of land), in subsection...
16In Schedule 16 (bodies to whom provisions of Part X...
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
17In section 33 of the Local Government (Miscellaneous Provisions) Act...
18In section 41 (lost and uncollected property), in subsection (13),...
Local Government Finance Act 1982 (c. 32)
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1986 (c. 10)
23In section 6 of the Local Government Act 1986 (interpretation...
24In section 9 (interpretation of provisions relating to the transfer...
Local Government Act 1988 (c. 9)
25In section 1 of the Local Government Act 1988 (defined...
26In Schedule 2, in the list of public authorities to...
Local Government Finance Act 1988 (c. 41)
27In section 112 of the Local Government Finance Act 1988...
28In section 114 (functions of the chief finance officer as...
Local Government and Housing Act 1989 (c. 42)
29In section 21 of the Local Government and Housing Act...
30In section 67 (application of provisions relating to companies in...
31In section 155 (emergency assistance to local authorities), after subsection...
32In section 157 (commutation of, and interest on, periodic payments...
SCHEDULE 7
Investigation
1Where a Commissioner appointed under section 91(1)(b) is required by...
2(1) In a case where the Commissioner determines that a...
Report of conclusions
3(1) If the Commissioner makes a determination in favour of...
4Where— (a) the Chief Commissioner receives a report of the...
Remedies
5(1) Where the Commissioner gives a complainant notice that a...
6Any compensation which the Commissioner directs the authorising officer to...
Interpretation
7The references in this Schedule to the authorising officer who...
SCHEDULE 8 The Police Information Technology Organisation
Constitution
1(1) Subject to sub-paragraph (2A)The Police Information Technology Organisation (“the...
Members
2(1) Subject to the provisions of this Schedule, a member...
3(1) The Organisation shall pay to its members such remuneration...
Staff, &c.
4(1) The Organisation shall not appoint employees except with the...
5(1) The Organisation shall pay to its employees such remuneration...
6(1) Employment with the Organisation shall be included among the...
7(1) The Organisation shall be liable in respect of a...
Committees
8(1) No person who is not a member of the...
Proceedings
9Subject to the provisions of this Schedule, the Organisation shall...
10(1) The Organisation shall make provision for a quorum for...
11The validity of the proceedings of the Organisation (or any...
Evidence
12A document purporting to be— (a) duly executed under the...
Money
13The Secretary of State may make payments to the Organisation...
13A(1) The Scottish Ministers may make payments to the Organisation...
14(1) The Organisation may impose such charges as it considers...
15The Organisation may, for purposes related to information technology, make...
16(1) The Organisation shall keep proper accounts and records in...
Annual report
17(1) As soon as possible after the end of each...
Status of the Organisation
18The Organisation shall not be regarded as the servant or...
SCHEDULE 9 Minor and Consequential Amendments
Explosives Act 1875 (c. 17)
1In the Explosives Act 1875, at the end of section...
Civil Defence Act 1948 (c. 5)
2In section 9 of the Civil Defence Act 1948 (interpretation...
Public Records Act 1958 (c. 51)
3In Schedule 1 to the Public Records Act 1958 (definition...
Trustee Investments Act 1961 (c. 62)
4In section 11 of the Trustee Investments Act 1961 (local...
5In Schedule 1, in Part II (narrower-range investments requiring advice),...
Offices, Shops and Railway Premises Act 1963 (c. 41)
6In section 90 of the Offices, Shops and Railway Premises...
Parliamentary Commissioner Act 1967 (c. 13)
7In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
Police (Scotland) Act 1967 (c. 77)
8The Police (Scotland) Act 1967 shall be amended as follows....
9In section 27(3) (regulations as to police cadets), after “(1A),”...
10At the end of section 28 (regulations as to standards...
11In section 33 (inspectors of constabulary), in each of subsections...
12At the end of section 36 (common services) there shall...
13In section 38 (constables engaged on central service and certain...
14In section 38A (constables engaged on service outside their force)—...
15In section 39 (liability for wrongful acts of constables), in...
Leasehold Reform Act 1967 (c. 88)
16In section 28 of the Leasehold Reform Act 1967 (retention...
Public Expenditure and Receipts Act 1968 (c. 14)
17In section 4 of the Public Expenditure and Receipts Act...
Firearms Act 1968 (c. 27)
18In section 54 of the Firearms Act 1968 (application of...
Post Office Act 1969 (c. 48)
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
20In section 3 of the Employers’ Liability (Compulsory Insurance) Act...
Police Act (Northern Ireland) 1970 (c. 9 (N.I.))
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Authorities (Goods and Services) Act 1970 (c. 39)
23In section 1 of the Local Authorities (Goods and Services)...
Superannuation Act 1972 (c. 11)
24The following entry shall be inserted at the appropriate place...
Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (NI 6)
25In Article 7 of the Employers’ Liability (Defective Equipment and...
Employment Agencies Act 1973 (c. 35)
26In section 13 of the Employment Agencies Act 1973, in...
Juries Act 1974 (c. 23)
27In Part I of Schedule 1 to the Juries Act...
District Courts (Scotland) Act 1975 (c. 20)
28In subsection (2) of section 12 of the District Courts...
House of Commons Disqualification Act 1975 (c. 24)
29(1) The House of Commons Disqualification Act 1975 shall be...
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
30(1) The Northern Ireland Assembly Disqualification Act 1975 shall be...
Sex Discrimination Act 1975 (c. 65)
31In section 17 of the Sex Discrimination Act 1975 (police),...
Fair Employment (Northern Ireland) Act 1976 (c.25)
32In section 53 of the Fair Employment (Northern Ireland) Act...
Police Pensions Act 1976 (c. 35)
33(1) Section 11 of the Police Pensions Act 1976 (interpretation)...
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
34In each of sections 51 and 59 of the Local...
Race Relations Act 1976 (c. 74)
35In section 16 of the Race Relations Act 1976 (police),...
36In section 71 of that Act (local authorities: general statutory...
Sex Discrimination (Northern Ireland) Order 1976 (NI 15)
37In Article 19 of the Sex Discrimination (Northern Ireland) Order...
Rent (Agriculture) Act 1976 (c. 80)
38In section 5 of the Rent (Agriculture) Act 1976 (no...
Rent Act 1977 (c. 42)
39In section 14 of the Rent Act 1977 (landlord’s interest...
Justices of the Peace Act 1979 (c. 55)
40In section 64 of the Justices of the Peace Act...
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
41In Part I of Schedule 1 to the Law Reform...
Finance Act 1981 (c. 35)
42In section 107 of the Finance Act 1981 (sale of...
Acquisition of Land Act 1981 (c. 67)
43In section 17 of the Acquisition of Land Act 1981...
Stock Transfer Act 1982 (c. 41)
44In Schedule 1 to the Stock Transfer Act 1982 (securities...
County Courts Act 1984 (c. 28)
45In section 60 of the County Courts Act 1984 (right...
Police and Criminal Evidence Act 1984 (c. 60)
46In section 5 of the Police and Criminal Evidence Act...
47In section 55 (intimate searches), after subsection (14) there shall...
Prosecution of Offences Act 1985 (c. 23)
48In section 3 of the Prosecution of Offences Act 1985...
Housing Act 1985 (c. 68)
49In section 4 of the Housing Act 1985 (interpretation), in...
Housing Associations Act 1985 (c. 69)
50In section 106 of the Housing Associations Act 1985 (minor...
Landlord and Tenant Act 1985 (c. 70)
51In section 38 of the Landlord and Tenant Act 1985...
Landlord And Tenant Act 1987 (c. 31)
52In section 58 of the Landlord and Tenant Act 1987,...
Income and Corporation Taxes Act 1988 (c.1)
53In section 842A of the Income and Corporation Taxes Act...
Dartford-Thurrock Crossing Act 1988 (c. 20)
54In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption...
Local Government Finance Act 1988 (c. 41)
55In section 64 of the Local Government Finance Act 1988,...
56In section 65A (which was inserted by section 3 of...
Housing Act 1988 (c. 50)
57In Schedule 1 to the Housing Act 1988 (tenancies which...
Road Traffic Act 1988 (c. 52)
58In section 124 of the Road Traffic Act 1988 (exemption...
59In section 144 (exceptions from requirement of third-party insurance or...
Security Service Act 1989 (c. 5)
60In section 1 of the Security Service Act 1989, in...
61In section 2 (which imposes duties on the Director General...
Official Secrets Act 1989 (c. 6)
62In section 12 of the Official Secrets Act 1989, in...
Town and Country Planning Act 1990 (c. 8)
63In section 252 of the Town and Country Planning Act...
Aviation and Maritime Security Act 1990 (c. 31)
64In section 22 of the Aviation and Maritime Security Act...
Road Traffic Act 1991 (c. 40)
65Section 47 of the Road Traffic Act 1991 (applications for...
Local Government Finance Act 1992 (c. 14)
66In section 19 of the Local Government Finance Act 1992...
67In section 32 (calculation of budget requirement by billing authorities),...
68(1) Section 43 (calculation of budget requirement by major precepting...
Tribunals and Inquiries Act 1992 (c.53)
69(1) In section 7 of the Tribunals and Inquiries Act...
70In Schedule 1 to that Act, in Part I, at...
Criminal Appeals Act 1995 (c. 35)
71(1) Section 22 of the Criminal Appeals Act 1995 (meaning...
Police Act 1996 (c. 16)
72The Police Act 1996 shall be amended as follows.
73At the end of section 23 (collaboration agreements) there shall...
74At the end of section 24 (mutual aid) there shall...
75At the end of section 53 (regulations as to standards...
76In section 54 (appointment and functions of inspectors of constabulary),...
77In section 55 (publication of reports), after subsection (6) there...
78(1) Section 57 (common services) shall be amended as follows....
79In section 59 (Police Federations), after subsection (7) there shall...
80In section 60 (regulations for police federations), after subsection (2)...
81In section 61 (Police Negotiating Board for the United Kingdom),...
82(1) Section 62 (functions of Police Negotiating Board) shall be...
83(1) Section 63 (Police Advisory Boards) shall be amended as...
84In section 64 (membership of trade unions), after subsection (4)...
85In section 88 (liability for wrongful acts of constables), in...
86(1) Section 97 (police officers engaged on service outside their...
87(1) Section 98 (cross-border aid) shall be amended as follows....
Employment Rights Act 1996 (c. 18)
88In section 50 of the Employment Rights Act 1996 (right...
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
89In section 3 of the Housing Grants, Construction and Regeneration...
90In section 64, in subsection (7) (persons ineligible to participate...
Juries (Northern Ireland) Order 1996 (NI 6)
91In Schedule 2 to the Juries (Northern Ireland) Order 1996...
Justices of the Peace Act 1997 (c.25)
92In section 66 of the Justices of the Peace Act...
SCHEDULE 10 Repeals

Police Act 1997

1997 c. 50

An Act to make provision for the National Criminal Intelligence Service and the National Crime Squad; to make provision about entry on and interference with property and with wireless telegraphy in the course of the prevention or detection of serious crime; to make provision for the Police Information Technology Organisation; to provide for the issue of certificates about criminal records; to make provision about the administration and organisation of the police; to repeal certain enactments about rehabilitation of offenders; and for connected purposes.

I1C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Commencement Information
I1

Act partly in force at Royal Assent, see s. 135

Modifications etc. (not altering text)
C1

Act: power to modify conferred (E.W.S.) (2.4.2001) by 2000 c. 39, s. 7(2); S.I. 2001/766, art. 2(1)(a) (subject to the transitional provisions and savings in art. 3)

Act amended (13.8.2001, to the extent as mentioned in art. 2 of the Commencement Order, otherwiseprosp.) by 2000 c. 23, ss. 72(4)(d), 83(2) (with s. 82(3)); S.I. 2001/2727, art. 2