Police Act 1997

Sections 1(7) and 47(7).

SCHEDULE 1 U.K. Appointment of Members of the Service Authorities

Commencement Information

I1 Sch. 1 wholly in force at 23.7.1997; Sch. 1 not in force at Royal Assent see s. 135; Sch. 1 in force for certain purposes at 25.6.1997 (and subject to modifications in S.I. 1887/1377, art. 3(3)(4)) by s. 135 and S.I. 1997/1377, art. 3(2)(c); Sch. 1 wholly in force at 23.7.1997 by S.I. 1997/1377, art. 4(2)(a)

Part I U.K. Core Members

Extent Information

E1 Sch. 1 Pts. I, IV extend to E.W. only so far as they relate to the Service Authority for the National Crime Squad, see s. 137(2)(c)

1 (1) The NCS Service Authority and the NCIS Service Authority shall have a common core membership consisting of [F1 eight] members (“the core members”) appointed in accordance with this Part. U.K.

Textual Amendments

F1 Word in Sch. 1 Pt. I para. 1 substituted (1.4.2002) by 2001 c. 16, s. 108, Sch. 5 Pt. 1 para. 2; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

2 (1) [F2 At least three, and not more than four,] of the core members shall be persons appointed by the Secretary of State under this paragraph. U.K.

(2) A person shall not be appointed under this paragraph if he is—

(a) a member of a police force in Great Britain or of the [F3 Police Service of Northern Ireland],

(b) a Crown servant, or

(c) a F4 . . . member of a police authority for an area in England and Wales, a member of a police authority for an area in Scotland or a member of the [F5 Northern Ireland Policing Board].

(3) One of the core members appointed under this paragraph shall be appointed by the Secretary of State to be the chairman of both the NCS Service Authority and the NCIS Service Authority.

[F6 (4) Before making any appointment under this paragraph F7 . . . , the Secretary of State shall consult the Scottish Ministers.]

Textual Amendments

F2 Words in Sch. 1 Pt. I para. 2(1) substituted (1.4.2002) by 2001 c. 16, s. 108, Sch. 5 Pt. 1 para. 3(a); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F3 Words in Sch. 1 para. 2(2)(a) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.

F4 Words in Sch. 1 Pt. I para. 2(2)(c) repealed (1.4.2002) by 2001 c. 16, s. 108, 137, Sch. 5 Pt. 1 para. 3(b), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F5 Words in Sch. 1 para. 2(2)(c) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

F6 Sch. 1 para. 2(4) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(26)(a); S.I. 1998/3178, art. 3

F7 Words in Sch. 1 Pt. I para. 2(4) repealed (1.4.2002) by 2001 c. 16, ss. 108, 137, Sch. 5 Pt. 1 para. 3(c), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

3 (1) [F8 One] of the core members shall be appointed by the chief officers of police of forces in England and Wales and the Assistant Commissioners of Police of the Metropolis (“the relevant police officers”), from among their number. U.K.

(2) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Word in Sch. 1 Pt. I para. 3(1) substituted (1.4.2002) by 2001 c. 16, s. 108, Sch. 5 Pt. 1 para. 4(a); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F9 Sch. 1 Pt. I para. 3(2) repealed (1.4.2002) by 2001 c. 16, ss. 108, 137, Sch. 5 Pt. 1 para. 4(b), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

4 [F10 (1)] [F11 One] of the core members shall be appointed by the F12 . . . members of police authorities for areas in England and Wales, from among their number. U.K.

(2) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 1 para. 4: "(1)" inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 113(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F11 Word in Sch. 1 Pt. I para. 4(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 1 para. 5(a)(i); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F12 Words in Sch. 1 Pt. I para. 4(1) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 1 para. 5(a)(ii), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F13 Sch. 1 Pt. I para. 4(2) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 1 para. 5(b), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F14 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 1 para. 5 repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 113(4)(a), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[F15 6 (1) The relevant number of core members shall be Crown servants appointed by the Secretary of State under this paragraph. U.K.

(2) For this purpose “the relevant number” means—

(a) if three core members are appointed under paragraph 2, two, and

(b) if four core members are so appointed, one.]

Textual Amendments

F15 Sch. 1 Pt. I para. 6 substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 1 para. 6; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

[F16 6A U.K. One of the core members shall be a customs officer appointed by the Commissioners of Customs and Excise under this paragraph.]

Textual Amendments

F16 Sch. 1 Pt. I para. 6A inserted (1.4.2002) by 2001 c. 16, ss. 108(3), Sch. 5 Pt. 1 para. 7; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

[F17 6B (1) The Secretary of State may appoint one of the core members to be the vice-chairman of both the NCS Service Authority and the NCIS Service Authority. U.K.

(2) Before making an appointment under this paragraph, the Secretary of State shall consult the Scottish Ministers.

(3) Subject to any provision made by the NCS Service Authority or the NCIS Service Authority under paragraph 3 of Schedule 2A, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority.]

Textual Amendments

F17 Sch. 1 Pt. I para. 6B inserted (1.4.2002) by 2001 c. 16, s. 104(3); S.I. 2002/344, art. 3(b) (with transitional provisions in art. 4)

Part II U.K. Additional Members of NCIS Service Authority

[F18 7 U.K. Where the NCIS Service Authority is to consist of eleven members by virtue of section 1, then in addition to the eight core members—

(a) one of the members shall be a person appointed under this paragraph in accordance with paragraph 7A,

(b) one shall be a person appointed under this paragraph in accordance with paragraph 7B, and

(c) one shall be a member of the Security Service appointed by the Secretary of State under this paragraph.]

Textual Amendments

F18 Sch. 1 Pt. II paras. 7-7B substituted (1.4.2002) for Sch. 1 Pt. II para. 7 by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 8; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

[F19 7A (1) Where an appointment falls to be made in accordance with this paragraph the Secretary of State shall, after consultation with the Scottish Ministers, decide whether the person appointed must be— U.K.

(a) a chief constable of a police force in Scotland,

(b) a member of a police authority for an area in Scotland, or

(c) a Crown servant.

(2) Where such a decision is made—

(a) if the member must be within sub-paragraph (1)(a), he shall be appointed by the chief constables of police forces in Scotland, from among their number;

(b) if the member must be within sub-paragraph (1)(b), he shall be appointed by the members of police authorities for areas in Scotland, from among their number; and

(c) if the member must be within sub-paragraph (1)(c), he shall be appointed by the Scottish Ministers.]

Textual Amendments

F19 Sch. 1 Pt. II paras. 7-7B substituted (1.4.2002) for Sch. 1 Pt. II para. 7 by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 8; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

[F20 7B (1) Where an appointment falls to be made in accordance with this paragraph the Secretary of State shall decide whether the person appointed must be— U.K.

(a) a person holding at least the rank of deputy chief constable in the Police Service of Northern Ireland,

(b) a member of the Northern Ireland Policing Board, or

(c) a Crown servant.

(2) Where such a determination is made—

(a) if the member must be within sub-paragraph (1)(a), he shall be appointed by the Chief Constable of the Police Service of Northern Ireland;

(b) if the member must be within sub-paragraph (1)(b), he shall be appointed by the members of the Northern Ireland Policing Board, from among their number; and

(c) if the member must be within sub-paragraph (1)(c), he shall be appointed by the Secretary of State.]

Textual Amendments

F20 Sch. 1 Pt. II paras. 7-7B substituted (1.4.2002) for Sch. 1 Pt. II para. 7 by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 8; S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

Modifications etc. (not altering text)

C1 Sch. 1 Pt. II para. 7B modified (11.5.2001) by 2001 c. 16, s. 109(4)

8 (1) Where the Authority is to consist of more than [F21 eleven] members by virtue of an order under section 1(3), then in addition to the [F22 eight] core members— U.K.

(a) a prescribed number of members shall be appointed by the Secretary of State under this paragraph [F23 after consultation with the Scottish Ministers]

(b) a prescribed number shall be appointed by the relevant police officers, from among their number;

(c) a prescribed number of members shall be appointed by the chief constables of police forces in Scotland, from among their number;

(d) [F24 a prescribed number shall be persons] holding at least the rank of deputy chief constable in the [F25 Police Service of Northern Ireland], appointed by the Chief Constable of [F26 that Police Service];

(e) a prescribed number F27 . . . shall be appointed by the F28 . . . members of police authorities for areas in England and Wales, from among their number;

(f) a prescribed number shall be appointed by the members of police authorities for areas in Scotland, from among their number;

(g) a prescribed number shall be appointed by the members of the [F29 Northern Ireland Policing Board], from among their number;

[F30 (h) a prescribed number shall be Crown servants appointed by the Secretary of State under this paragraph;

(ha) a prescribed number shall be Crown servants appointed by the Scottish Ministers under this paragraph; and]

(i) [F31 a prescribed number shall be customs officers] appointed by the Commissioners of Customs and Excise.

(2) F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(a), as it applies to appointments under paragraph 2.

F33 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The power to make an order under section 1(3) includes power to prescribe anything which is require to be prescribed for the purposes of this paragraph [F34 ; but nothing in this paragraph shall require such an order to prescribe a number in respect of each of the paragraphs of sub-paragraph (1)].

Textual Amendments

F21 Word in Sch. 1 Pt. II para. 8(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(a); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F22 Word in Sch. 1 Pt. II para. 8(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(b); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F23 Words in Sch. 1 para. 8(1)(a) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(28)(a); S.I. 1998/3178, art. 3

F24 Words in Sch. 1 Pt. II para. 8(1)(d) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(c); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F25 Words in Sch. 1 para. 8(1)(d) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.

F26 Words in Sch. 1 para. 8(1)(d) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(7); S.R. 2001/396, art. 2, Sch.

F27 Words in Sch. 1 Pt. II para. 8(1)(e) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 2 para. 9(2)(d), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F28 Words in Sch. 1 Pt. II para. 8(1)(e) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 2 para. 9(2)(d), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F29 Words in Sch. 1 para. 8(1)(g)(2)(a)(iv) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

F30 Sch. 1 Pt. II para. 8(1)(h)(ha) substituted (1.4.2002) for Sch. 1 Pt. II para. 8(1)(h) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(e); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F31 Words in Sch. 1 Pt. II para. 8(1)(i) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(2)(f); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F32 Sch. 1 Pt. II para. 8(2) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 2 para. 9(3), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F33 Sch. 1 para. 8(4) repealed (3.7.2000) by 1999 c. 29, s. 325, 423, Sch. 27 para. 113(4)(b), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F34 Words in Sch. 1 Pt. II para. 8(5) inserted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 2 para. 9(4); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

Part III E+W Additional Members of NCS Service Authority

9 [F35 (1)] Where the NCS Service Authority is to consist of [F36 eleven] members by virtue of section 47, then in addition to the [F37 eight] core members— E+W

(a) one member shall be appointed by the relevant police officers, from among their number; and

(b) [F38 one] shall be appointed by the F39 . . . members of police authorities for areas in England and Wales, from among their number. [F40 and

(c) one shall be appointed by the Secretary of State.]

[F41 (2) Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(c) as it applies to appointments under paragraph 2.]

Textual Amendments

F35 Sch. 1 Pt. III para. 9 renumbered (1.4.2002) as Sch. 1 Pt. III para. 9(1) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(1); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F36 Word in Sch. 1 Pt. III para. 9(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(2)(a); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F37 Word in Sch. 1 Pt. III para. 9(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(2)(b); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F38 Word in Sch. 1 Pt. III para. 9(1)(b) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(2)(c)(i); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F39 Words in Sch. 1 Pt. III para. 9(1)(b) repealed (1.4.2002) by 2001 c. 16, ss. 108, 137, Sch. 5 Pt. 3 para. 10(2)(c)(ii), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F40 Sch. 1 Pt. III para. 9(1)(c) and preceding word inserted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(2)(d); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F41 Sch. 1 Pt. III para. 9(2) inserted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 10(3); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

10 (1) Where the Authority is to consist of more than [F42 eleven] members by virtue of an order under section 47(3), then in addition to the [F42 eight] core members— E+W

(a) a prescribed number of members shall be appointed by the Secretary of State;

(b) a prescribed number shall be appointed by the relevant police officers, from among their number; and

(c) a prescribed number F43 . . . shall be appointed by the F44 . . . members of police authorities for areas in England and Wales, from among their number.

(2) F45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Paragraph 2(2) applies in relation to appointments under sub-paragraph (1)(a), as it applies to appointments under paragraph 2.

F46 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The power to make an order under section 47(3) includes power to prescribe anything which is required to be prescribed for the purposes of this paragraph [F47 ; but nothing in this paragraph shall require such an order to prescribe a number in respect of each of the paragraphs of sub-paragraph (1)].

Textual Amendments

F42 Words in Sch. 1 Pt. III para. 10(1) substituted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 11(a)(i)(ii); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

F43 Words in Sch. 1 Pt. III para. 10(1)(c) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 3 para. 11(b), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F44 Words in Sch. 1 Pt. III para. 10(1)(c) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 3 para. 11(b), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F45 Sch. 1 Pt. III para. 10(2) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 3 para. 11(c), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F46 Sch. 1 para. 10(4) repealed (3.7.2000) by 1999 c. 29, s. 325, 423, Sch. 27 para. 113(4)(c), Sch. 34 Pt. VII (with Sch. 12 para. 9(1))

F47 Words in Sch. 1 Pt. III para. 10(5) inserted (1.4.2002) by 2001 c. 16, s. 108(3), Sch. 5 Pt. 3 para. 11(d); S.I. 2002/344, art. 3(e) (with transitional provisions in art. 4)

Part IV U.K. General

Extent Information

E2 Sch. 1 Pts. I, IV extend to E.W. only so far as they relate to the Service Authority for the National Crime Squad, see s. 137(2)(c)

Membership of more than one Service Authority by non-core members U.K.

11 (1) Nothing in this Schedule shall prevent a member of the NCS Service Authority appointed under Part III from being appointed as a member of the NCIS Service Authority under Part II. U.K.

(2) Nothing in this Schedule shall prevent a member of the NCIS Service Authority appointed under Part II from being appointed as a member of the NCS Service Authority under Part III.

Local authority members U.K.

12 U.K. F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Sch. 1 Pt. IV para. 12 repealed (1.4.2002) by 2001 c. 16, ss. 108, 137, 138(2), Sch. 5 Pt. 4 para. 12, Sch. 7 Pt. 5 para. 1; S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

13 U.K. The clerk to a Service Authority shall make such arrangements as he considers necessary to facilitate the appointment to the Authority, in accordance with this Schedule, of—

(a) F49 . . . members of police authorities for areas in England and Wales, and

(b) in the case of the clerk to the NCIS Service Authority, members of police authorities for areas in Scotland and members of the [F50 Northern Ireland Policing Board].

Textual Amendments

F49 Words in Sch. 1 Pt. IV para. 13(a) repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 4 para. 13, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

F50 Words in Sch. 1 para. 13 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

Interpretation U.K.

14 U.K. F51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51 Sch. 1 Pt. IV para. 14 repealed (1.4.2002) by 2001 c. 16, ss. 108(3), 137, Sch. 5 Pt. 4 para. 14, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(e)(j)(m) (with transitional provisions in art. 4)

15 U.K. In this Schedule—

(a) “the relevant police officers” shall be construed in accordance with paragraph 3(1), and

(b) “customs officer” means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the M1 Customs and Excise Management Act 1979.

Marginal Citations

M1 1979 c. 2.

16 U.K. For the purposes of this Schedule, [F52 the Commissioner of Police for the City of London shall be treated as if he were a member of the City of London police force.].

Textual Amendments

F52 Words in Sch. 1 para. 16 substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 113(6) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.