- Latest available (Revised)
- Point in Time (25/09/2000)
- Original (As enacted)
Version Superseded: 01/08/2001
Point in time view as at 25/09/2000.
Police Act 1997, SCHEDULE 5 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 62(6).
1(1)Where an order under section 62 requires the NCS Service Authority to determine the total amount of the levies which it proposes to issue under that section for any financial year, that determination shall not be made except by a decision which—
(a)is made only by independent members and police authority members of the Authority, and
(b)complies with sub-paragraphs (2) and (3).
(2)A decision complies with this sub-paragraph only if a majority of the members making the decision (whether or not approving it) are police authority members of the Authority.
(3)A decision complies with this sub-paragraph only if the members approving it include more than half of the independent members and more than half of the police authority members of the Authority at the time of the decision.
(4)Before making such a determination as is mentioned in sub-paragraph (1) in respect of any financial year, the independent members and police authority members of the Authority shall take account of—
(a)the expenditure which the Director General of the National Crime Squad estimates will be incurred in connection with the Squad in the year,
(b)any income which it is estimated will be received by way of charges imposed by the NCS Service Authority under section 64, or otherwise, in the year,
(c)the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,
(d)the current and proposed level of borrowing of the Authority,
(e)the views of all members of the Authority, and
(f)such other matters as may be prescribed.
(5)In this paragraph “independent members” means members of the Authority appointed by the Secretary of State under paragraph 2 or 10(1)(a) of Schedule 1.
(6)In this paragraph “police authority members” means members appointed—
(a)by the local authority members of police authorities for areas in England and Wales (as defined by paragraph 14 of Schedule 1), F1. . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 5 para. 1(6)(b) and the preceding word “or” ceased to have effect (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 115(2) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
2(1)Subject to paragraph 3, a levy shall not be issued by the NCS Service Authority under section 62 in respect of a financial year, unless the Secretary of State has notified the Authority in writing that he approves the total amount of the levies the Authority proposes to issue for that year.
(2)Where the Secretary of State gives an approval under sub-paragraph (1), levies shall not be issued by the Authority in respect of the financial year concerned in excess of the amount so approved.
(3)Before deciding whether to give an approval under sub-paragraph (1), the Secretary of State shall consult—
(a)persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales, and
(b)persons whom he considers to represent the interests of police authorities for areas in England and Wales.
(4)The Secretary of State shall give a copy of any notice sent to the Authority under sub-paragraph (1) to—
(a)each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and
(b)the [F2Metropolitan Police Authority].
Textual Amendments
F2Words in Sch. 5 para. 2(4)(b) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 115(3)(a) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
3(1)Where the Secretary of State does not approve, under paragraph 2, the total amount of the levies the Authority proposes to issue for a financial year—
(a)he shall notify the Authority of his decision, and
(b)he may direct the Authority to issue such levies under section 62 for that year as he considers appropriate.
(2)Where the NCS Service Authority does not, within the prescribed period, make a determination of the total amount of levies it proposes to issue under section 62 in respect of a financial year, the Secretary of State may direct the Authority to issue, under that section, such levies as he considers appropriate.
(3)The Authority shall provide the Secretary of State with such information as he may require to enable him to give a direction under this paragraph.
(4)Before giving a direction under this paragraph, the Secretary of State may take into account any matter he considers relevant.
(5)A direction under this paragraph shall be in writing.
(6)The Secretary of State shall send a copy of any direction under this paragraph to—
(a)each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and
(b)the [F3Metropolitan Police Authority].
Textual Amendments
F3Words in Sch. 5 para. 3(6)(b) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 115(3)(b) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
4(1)The NCS Service Authority shall, within the prescribed period, give notice of any levy to be issued under section 62 to—
(a)the Secretary of State,
(b)each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and
(c)the [F4Metropolitan Police Authority].
(2)A notice under this paragraph shall contain such information as may be prescribed.
Textual Amendments
F4Words in Sch. 5 para. 4(1)(c) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 115(3)(c) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
5In this Schedule “prescribed” means prescribed by an order under section 62.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: