Modifications etc. (not altering text)
C1Pt. I (ss. 1-46): Power to continue conferred (11.5.2001) by 2001 c. 16, ss. 109(2)(c)(i), 138(2)
(1)The Secretary of State may make regulations relating to the conduct of members of NCIS and the maintenance of discipline in NCIS.
(2)In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
(a)authorise or require provision to be made by, or confer discretionary powers on, the NCIS Service Authority, the Director General of NCIS or other persons, or
(b)authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
[F1(2A)Without prejudice to the generality of the other powers conferred by this section, regulations under this section may make provision—
(a)for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the Independent Police Complaints Commission;
(b)for conferring a right to participate in, or to be present at, disciplinary proceedings on such persons as may be specified or described in the regulations;
(c)as to the representation of persons subject to disciplinary proceedings; and
(d)for section 34 of the Criminal Justice and Public Order Act 1994 (c. 33)(inferences to be drawn from a failure to mention a fact when questioned or charged) to apply, with such modifications and in such cases as may be provided for in the regulations, to disciplinary proceedings.
(2B)In subsection (2A) “disciplinary proceedings” means any proceedings under any regulations made under subsection (1) which—
(a)are conducted in England and Wales; and
(b)are identified as disciplinary proceedings by those regulations.]
(3)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1S. 37(2A)(2B) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 88(2); S.I. 2002/2306, art. 2(f)(iv)
Commencement Information
(1)Where the Director General of NCIS, or a police member to whom section 9(2)(a) applies, is dismissed [F2, required to resign or reduced in rank] 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 [F2, required to resign or reduced in rank] .
(2)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 M1Police Act 1996 by, or by virtue of, section 85(2) to (4) of and Schedule 6 to that Act.
(3)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F2Words in s. 38(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 88(3); S.I. 2002/2306, art. 2(f)(iv)
Commencement Information
I2S. 38 wholly in force at 1.4.1998; s. 38 not in force at Royal Assent, see s. 135; s. 38 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7)); otherwise in force at 1.4.1998 by S.I. 1998/354, art. 2
Marginal Citations
[F3(1)The Secretary of State may by regulations make provision about—
(a)the handling of complaints about the conduct of members of NCIS;
(b)the recording of matters from which it appears there may have been misconduct by members of NCIS; and
(c)the investigation of such complaints and matters.]
(2)Regulations under subsection (1) [F4may], so far as the Secretary of State thinks it desirable, make provision—
(a)for the procedures for the handling of complaints relating to anything done or omitted to be done by a person in Scotland to be procedures corresponding or similar to those established by or by virtue of sections 40 and 40A of the M2Police (Scotland) Act 1967;
(b)for the procedures for the handling of complaints relating to anything done or omitted to be done by a person in Northern Ireland to be procedures corresponding or similar to those established by or by virtue of the [F5Part VII of the Police (Northern Ireland) Act 1998, and for that purpose the regulations may confer additional functions on the Police Ombudsman for Northern Ireland.]
[F6(c)for applying, with such modifications as he may think fit, any provision made by or under Part 2 of the Police Reform Act 2002 (c. 30) (complaints and misconduct).]
[F7(2ZA)Regulations under subsection (1) may provide—
(a)for obligations under the regulations to be framed by reference to the opinions of such persons as may be specified in the regulations; and
(b)for it to be the duty of any person on whom functions are conferred by the regulations to have regard, in the carrying out of those functions, to any guidance given by such persons and in such manner as may be so specified.]
[F8(2A)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.]
(3)The Secretary of State may [F9, 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.
(4)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F3S. 39(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 25(1); S.I. 2002/2306, art. 2(b)(vii)
F4Word in s. 39(2) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 25(2)(a); S.I. 2002/2306, art. 2(b)(vii)
F5Words in s. 39(2)(b) substituted (21.2.2003) by 1998 c. 32, s. 74(1), 75(1), Sch. 4 para. 22(8); S.R. 2003/142, art. 3
F6S. 39(2)(c) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 25(2)(b); S.I. 2002/2306, art. 2(b)(vii)
F7S. 39(2ZA) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 25(3); S.I. 2002/2306, art. 2(b)(vii)
F8S. 39(2A) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(23)(a); S.I. 1998/3178, art. 3
F9Words in s. 39(3) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(23)(b); S.I. 1998/3178, art. 3
Commencement Information
I3S. 39 wholly in force at 31.10.1997; s. 39 not in force at Royal Assent, see s. 135; s. 39 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
Marginal Citations
The NCIS Service Authority in carrying out its duty under section 3(1), and inspectors of constabulary appointed under section 54 of the Police Act 1996, section 33 of the Police (Scotland) Act 1967 or [F10section 41 of the M3Police (Northern Ireland) Act 1998] in carrying out their duties with respect to the efficiency and effectiveness of NCIS, shall keep themselves informed as to the operation of procedures established under section 39.
Textual Amendments
F10Words in s. 40 substituted (1.4.1999) by 1998 c. 32, s. 74(1), Sch. 4 para. 22(7); S.R. 1999/176, art. 3
Marginal Citations