Police Act 1997 (c. 50)

SCHEDULES

SCHEDULE 2 U.K. Other Provisions about Members of Service Authorities

Extent Information

E1 Sch. 2 extends to E.W. only so far as it relates to the Service Authority for the National Crime Squad, see s. 137(2)(c)

Commencement Information

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

Tenure of office U.K.

4 U.K. Subject to the following paragraphs (and to the provisions of any order under section 1(3) or 47(3)) a person shall hold and vacate office as a member of a Service Authority in accordance with the terms of his appointment.

5 U.K. A person shall be appointed to hold office as a member for—

(a) a term of four years F1 . . . , or

(b) such shorter term as the person or persons appointing him may determine in any particular case.

Textual Amendments

F1 Words in Sch. 2 para. 5(a) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 4; S.I. 2002/344, art. 3(j)(l) (with transitional provisions in art. 4)

6 (1) A person may at any time—

(a) resign his office as chairman [F2 or vice-chairman] or as a core member by notice in writing to both of the Service Authorities, or

(b) resign his office as a member of a Service Authority appointed under Part II or III of Schedule 1 by notice in writing to that Service Authority.

(2) Where a member resigns his office as a member or as chairman [F2 or vice-chairman] under sub-paragraph (1), he shall send a copy of the notice—

(a) to the Secretary of State, F3 . . .

(b) if he was appointed under paragraph [F4 6A] or 8(1)(i) of Schedule 1, to the Commissioners of Customs and Excise.

[F5 and

(c) if he was appointed under paragraph [F6 7(a) or 8(1)(ha)] of Schedule 1 by the Scottish Ministers, to the Scottish Ministers.]

Textual Amendments

F2 Words in Sch. 2 para. 6(1)(a)(2) inserted (1.4.2002) by 2001 c. 16, s. 104(4)(c); S.I. 2002/344, art. 3(b) (with transitional provisions in art. 4)

F3 Word in Sch. 2 para. 6(2)(a) omitted (1.7.1999) by virtue of S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(29)(a); S.I. 1998/3178, art. 3

F4 Word in Sch. 2 para. 6(2)(b) substituted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 20(2)(a); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F5 Sch. 6 para. 6(2)(c) and preceding word inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(29)(b); S.I. 1998/3178, art. 3

F6 Words in Sch. 2 para. 6(2)(c) substituted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 20(2)(b); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

7 (1) A member of a police authority appointed to be a member of a Service Authority under paragraph 4, [F7 7(a) or (b), 8(1)(e), (f) or (g), 9(1)(b)] or 10(1)(c), of Schedule 1 shall cease to be a member of the Service Authority if he ceases to be a member of the police authority eligible for appointment under the paragraph concerned (unless re-elected or re-appointed on the same day). U.K.

(2) A member of a Service Authority appointed other than as mentioned in sub-paragraph (1) shall cease to be a member if he becomes a member of a police authority for an area in Great Britain, or of the [F8 Northern Ireland Policing Board], eligible for appointment under one of the paragraphs mentioned in sub-paragraph (1).

(3) A Crown servant appointed to be a member of a Service Authority under paragraph 6, [F9 7(a) or (b) or 8(1)(h) or (ha)] of Schedule 1 shall cease to be a member of the Service Authority if he ceases to be a Crown servant.

(4) A person appointed to be a member of a Service Authority in accordance with paragraph 3, 7(a) or (b) [F10 (by virtue of being a person within paragraph 7A(1)(a) or 7B(1)(a))], 8(1)(b), (c) or (d), [F11 9(1)(a)] or 10(1)(b) of Schedule 1 (appointment of senior police officers) shall cease to be a member of the Service Authority if he ceases to be a person eligible for appointment under the paragraph concerned.

(5) A person appointed to be a member of [F12 a Service Authority under paragraph 6A] or 8(1)(i) of Schedule 1 shall cease to be a member if he ceases to be a customs officer within the meaning of paragraph 15 of that Schedule.

[F13 (6) A person appointed to be a member of the NCIS Service Authority under paragraph 7(c) shall cease to be a member if he ceases to be a member of the Security Service.]

Textual Amendments

F7 Words in Sch. 2 para. 7(1) substituted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 20(3)(a); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F8 Words in Sch. 2 para. 7(2) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

F9 Words in Sch. 2 para. 7(3) substituted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 20(3)(b); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F10 Words in Sch. 2 para. 7(4) inserted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 20(3)(c)(i); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F11 Words in Sch. 2 para. 7(4) substituted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 20(3)(c)(ii); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F12 Words in Sch. 2 para. 7(5) substituted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 20(3)(d); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F13 Sch. 2 para. 7(6) inserted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 20(3)(e); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

8 (1) Subject to sub-paragraph (3), a member of a Service Authority may be removed from office as such a member or as chairman [F14 or vice-chairman] by the authorised person, by notice in writing, if— U.K.

(a) he has been absent from meetings of the Service Authority for a period longer than four consecutive months without the consent of the Authority,

(b) he has been convicted of a criminal offence (but is not disqualified for being a member under paragraph 3),

(c) the authorised person is satisfied that the member is incapacitated by physical or mental illness, or

(d) the authorised person is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

(2) For the purposes of sub-paragraph (1) “the authorised person”, in relation to a member of a Service Authority, means—

(a) the Service Authority, or

(b) the person or persons who would be required to appoint his successor.

(3) A Service Authority shall not, under sub-paragraph (1), remove its chairman [F14 or vice-chairman] from office as chairman [F14 or vice-chairman] or as a member of the Service Authority.

(4) Where a Service Authority removes a member under sub-paragraph (1), it shall give notice of that fact—

(a) to the person or persons who are required to appoint his successor, and

(b) if the member was appointed under Part I of Schedule 1, to the other Service Authority.

(5) Where a member of a Service Authority is removed under sub-paragraph (1) by the person mentioned in sub-paragraph (2)(b), that person shall give notice of that fact—

(a) to the Service Authority, and

(b) if he is a member appointed under Part I of Schedule 1 and is not also removed from the other Service Authority, to that other Authority.

[F15 (6) For the purposes of this paragraph, in relation to a member appointed under paragraph 7(a) or (b) of Schedule 1 the references to the person or persons who are (or would be) required to appoint his successor are to be read as references to the Secretary of State.]

Textual Amendments

F14 Words in Sch. 2 para. 8(1)(3) inserted (1.4.2002) by 2001 c. 16, s. 104(4)(c); S.I. 2002/344, art. 3(b) (with transitional provisions in art. 4)

F15 Sch. 2 para. 8(6) inserted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 20(4); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

9 U.K. F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 2 para. 9 repealed (1.4.2002) by 2001 c. 16, ss. 128(1), 137, Sch. 6 Pt. 1 para. 20(5), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

10 U.K. Where a core member appointed under Part I of Schedule 1 is removed from a Service Authority under paragraph 8 F17 . . . , he shall cease to be a member of the other Service Authority.

Textual Amendments

F17 Words in Sch. 2 para. 10 repealed (1.4.2002) by 2001 c. 16, ss. 128(1), 137, Sch. 6 Pt. 1 para. 20(6), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)