Police Act 1997

Miscellaneous U.K.

41 Arrangements for consultation. U.K.

(1) The NCIS Service Authority shall, after consulting the Director General of NCIS, make arrangements for obtaining the views of—

(a) the authorities who between them maintain the police forces in Great Britain and the [F1 Police Service of Northern Ireland],

(b) the NCS Service Authority,

(c) the Commissioners of Customs and Excise, [F2 and]

[F3 (ca) the Director-General of the Security Service; and]

(d) such other persons or bodies as the NCIS Service Authority considers appropriate,

about the Authority and NCIS.

(2) The Director General of NCIS shall, after consulting the Authority, make arrangements for obtaining the views of—

(a) the chief officers of police of police forces in England and Wales,

(b) the chief constables of police forces in Scotland,

(c) the Chief Constable of the [F1 Police Service of Northern Ireland],

(d) the Director General of the National Crime Squad,

(e) the Commissioners of Customs and Excise, F4 . . .

[F5 (ea) the Director-General of the Security Service; and]

(f) such other persons or bodies as the Director General of NCIS considers appropriate,

about NCIS.

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

(4) 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.

(5) 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.

[F6 (5A) Before exercising the powers conferred on him by subsection (4) or (5), the Secretary of State shall consult the Scottish Ministers.]

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

Textual Amendments

F1 Words in s. 41(1)(a)(2)(c) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.

F2 Word in s. 41(1)(c) repealed (1.4.2002) by 2001 c. 16, ss. 128(1), 137, 138(2), Sch. 6 Pt. 1 para. 10(a)(i), Sch. 7 Pt. 5 para. 1; S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

F3 S. 41(1)(ca) inserted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 10(a)(ii); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F4 Word in s. 41(2)(e) repealed (1.4.2002) by 2001 c. 16, ss. 128(1), 137, Sch. 6 Pt. 1 para. 10(b)(i), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

F5 S. 41(2)(ea) inserted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 10(b)(ii); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F6 S. 41(5A) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(24); S.I. 1998/3178, art. 3

42 Liability for wrongful acts of constables etc. U.K.

(1) The Director General of NCIS shall be liable in respect of [F7 any unlawful conduct of] 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 [F7 any unlawful conduct of] his servants in the course of their employment, and accordingly shall [F8 , in the case of a tort,] be treated for all purposes as a joint tortfeasor.

(2) There shall be paid out of the NCIS service fund—

(a) any damages or costs awarded against the Director General in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings, and

(b) any sum required in connection with the settlement of any claim made against the Director General by virtue of this section, if the settlement is approved by the NCIS Service Authority.

(3) 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.

(4) The NCIS Service Authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the NCIS service fund—

(a) any damages or costs awarded against a person to whom this subsection applies in proceedings for [F9 any unlawful conduct of] that person,

(b) any costs incurred and not recovered by such a person in such proceedings, and

(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(5) Subsection (4) applies to a person who is—

(a) a member of NCIS, or

(b) a constable for the time being required to serve with NCIS by virtue of section 23.

[F10 (5A) This section shall have effect where an international joint investigation team has been formed under the leadership of a member of NCIS as if—

(a) any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither a constable nor a member of NCIS were unlawful conduct of a constable under the direction and control of the Director General of NCIS; and

(b) subsection (4) applied to every member of that team to whom it would not apply apart from this subsection.

[F11 (5AA) This section shall have effect where a person is carrying out surveillance under section 76A of the Regulation of Investigatory Powers Act 2000 (foreign surveillance operations) as if—

(a) (a)any unlawful conduct by that person in the course of carrying out the surveillance were unlawful conduct of a constable in the performance of his functions under the direction and control of the Director General of NCIS; and

(b) subsection (4) applied to the person carrying out the surveillance.]

(5B) In this section “international joint investigation team” means any investigation team formed in accordance with—

(a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

(b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or

(c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.

(5C) A statutory instrument containing an order under subsection (5B) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(6) In relation to Scotland—

(a) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any reference in subsection (2) or (4) to costs shall be construed as a reference to expenses.

Textual Amendments

F7 Words in s. 42(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(1)(a)(2)(c); S.I. 2002/2306, art. 2(f)(xi)

F8 Words in s. 42(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(1)(b)(2)(c); S.I. 2002/2306, art. 2(f)(xi)

F9 Words in s. 42(4)(a) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(4)(5)(b); S.I. 2002/2306, art. 2(f)(xi)

F10 S. 42(5A)-(5C) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 103(2); S.I. 2002/2306, art. 2(f)(xii)

F11 S. 42(5AA) inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 85(2), 94(1); S.I. 2004/786, art. 3(1)(2)

F12 S. 42(6)(a) repealed (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 102(6), 107(2), Sch. 8; S.I. 2002/2306, art. 2(f)(xi)

43 Causing disaffection. U.K.

Any person who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of NCIS within section 9(1)(a) or (b), or induces or attempts to induce, or does any act calculated to induce, any such member to withhold his services, shall be guilty of an offence and liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

44 Orders governing NCIS Service Authority. U.K.

F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 S. 44 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)