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Part IU.K. The National Criminal Intelligence Service

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)

FunctionsU.K.

2 General functions of the NCIS Service Authority and NCIS.U.K.

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

(2)The functions of NCIS shall be—

(a)to gather, store and analyse information in order to provide criminal intelligence,

(b)to provide criminal intelligence to police forces in Great Britain, the [F1Police Service of Northern Ireland], the National Crime Squad and other law enforcement agencies, and

(c)to act in support of such police forces, the [F1Police Service of Northern Ireland], the National Crime Squad and other law enforcement agencies carrying out their criminal intelligence activities.

(3)For the purposes of subsection (2), “law enforcement agency” includes—

(a)any government department [F2and the Scottish Administration],

(b)the States of Jersey Police Force, the salaried police force of the Island of Guernsey and the Isle of Man Constabulary,

(c)any other person charged with the duty of investigating offences or charging offenders, and

(d)any other person engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the NCIS Service Authority, NCIS, a police authority, a police force, the NCS Service Authority or the National Crime Squad.

[F3(3A)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.

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

(4)In discharging its functions, the NCIS Service Authority shall have regard to—

(a)any objectives determined by the Secretary of State under section 26,

(b)any objectives determined by the Authority under section 3,

(c)any performance targets established by the Authority, whether in compliance with a direction under section 27 or otherwise, and

(d)any service plan issued by the Authority under section 4.

(5)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.

(6)The NCIS Service Authority shall comply with any direction given to it by the Secretary of State under section 27 or 30 F4. . . [F5or by the Scottish Ministers under section 30].

Textual Amendments

F3S. 2(3A)(3B) inserted (28.8.2000) by 2000 c. 25, s. 2

Commencement Information

I1S. 2 wholly in force at 1.4.1998; s. 2 not in force at Royal Assent see s. 135; s. 2(6) in force for certain purposes at: 1.9.1997 by S.I. 1997/1930, art. 2(2)(a)(with art. 2(3)); 8.10.1997 by S.I. 1997/1930, art. 3(1)(2)(a); s. 2 otherwise in force at 1.4.1998 by S.I. 1998/354, art. 2

Marginal Citations

3 Objectives.U.K.

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

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

(3)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.

(4)Before determining objectives under this section, the NCIS Service Authority shall consult—

(a)the Director General of NCIS,

(b)persons whom it considers to represent the interests of the authorities who between them maintain the police forces in Great Britain and the [F6Police Service of Northern Ireland],

(c)the NCS Service Authority, F7. . .

(d)the Commissioners of Customs and Excise [F8; and

(e)the Director-General of the Security Service.]

Textual Amendments

F7Word in s. 3(4)(c) repealed (1.4.2002) by 2001 c. 16, ss. 128(1), 137, Sch. 6 Pt. 1 para. 4(a), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

F8S. 3(4)(e) and preceding word inserted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 4(b); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

Commencement Information

I2S. 3 wholly in force at 1.4.1998; s. 3 not in force at Royal Assent see s. 135; s. 3(2)-(4) in force at 1.9.1997 by S.I. 1997/1930, art. 2 (with art. 2(3)); s. 3 otherwise in force at 1.4.1998 by S.I. 1998/354 art. 2

4 Service plans.U.K.

(1)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”).

(2)The service plan shall include a statement of the Authority’s priorities for the year, of the financial resources expected to be available and of the proposed allocation of those resources, and shall give particulars of—

(a)any objectives determined by the Secretary of State under section 26,

(b)any objectives determined by the Authority under section 3, and

(c)any performance targets established by the Authority, whether in compliance with a direction under section 27 or otherwise.

(3)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.

(4)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.

(5)The Authority shall arrange for every service plan issued by it under this section to be published in such manner as appears to it to be appropriate, and shall send a copy of the plan to—

(a)the Secretary of State,

(b)each police authority for an area in Great Britain, each joint police board (within the meaning of the M2Police (Scotland) Act 1967) and the [F9Northern Ireland Policing Board],

(c)the chief officer of police of each police force in England and Wales, the chief constable of each police force in Scotland and the Chief Constable of the [F10Police Service of Northern Ireland],

(d)the NCS Service Authority,

(e)the Director General of the National Crime Squad, F11. . .

(f)the Commissioners of Customs and Excise.

[F12F13. . .

[F14(fa)the Director-General of the Security Service; and]

(g)the Scottish Ministers.]

Textual Amendments

F12S. 4(5)(f) and the preceding word inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(4)(b); S.I. 1998/3178, art. 3

F13Word in s. 4(5)(f) repealed (1.4.2002) by 2001 c. 16, s. 128(1), 137, Sch. 6 Pt. 1 para. 5(a), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

F14S. 4(5)(fa) inserted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 5(b); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

Commencement Information

I3S. 4 wholly in force at 31.10.1997; s. 4 not in force at Royal Assent, see s. 135; s. 4 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

5 Annual reports.U.K.

(1)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.

(2)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.

(3)The NCIS Service Authority shall arrange for every report issued by it under this section to be published in such manner as appears to it to be appropriate, and shall send a copy of the report to—

(a)the Secretary of State,

(b)each police authority for an area in Great Britain, each joint police board (within the meaning of the M3Police (Scotland) Act 1967) and the [F15Northern Ireland Policing Board],

(c)the chief officer of police of each police force in England and Wales, the chief constable of each police force in Scotland and the Chief Constable of the [F16Police Service of Northern Ireland],

(d)the NCS Service Authority,

(e)the Director General of the National Crime Squad, F17. . .

(f)the Commissioners of Customs and Excise.

[F18F19. . .

[F20(fa)the Director-General of the Security Service; and]

(g)the Scottish Ministers.]

Textual Amendments

F18S. 5(3)(g) and the preceding word inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(5)(b); 1998/3178, art. 3

F19Word in s. 5(3)(f) repealed (1.4.2002) by 2001 c. 16, ss. 128(1), 137, Sch. 6 Pt. 1 para. 6(a), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

F20S. 5(3)(fa) inserted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 6(b); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

Marginal Citations