C1Part I The National Criminal Intelligence Service
Central supervision and direction
31CF1 Procedure for giving directions by the Scottish Ministers
1
The Scottish Ministers shall not give a direction under section 30 unless—
a
the NCIS Service Authority and the Director General of NCIS have each been given such information about the Scottish Ministers’ grounds for proposing to give that direction as they consider appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
b
the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds;
c
the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
d
the Scottish Ministers have considered any such representations and any such proposals.
2
The Scottish Ministers may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by them under section 30.
3
Before making any regulations under this section, the Scottish Ministers shall consult with—
a
the Secretary of State;
b
the NCIS Service Authority;
c
the Director General of NCIS;
d
persons whom they consider to represent the interests of police authorities in Scotland;
e
persons whom they consider to represent the interests of chief constables of police forces in Scotland; and
f
such other persons as they think fit.
4
Regulations under this section may make different provision for different cases and circumstances.
5
A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.
Pt. I (ss. 1-46): Power to continue conferred (11.5.2001) by 2001 c. 16, ss. 109(2)(c)(i), 138(2)