C1Part I The National Criminal Intelligence Service
Discipline and complaints
I137 Discipline regulations.
1
The Secretary of State may make regulations relating to the conduct of members of NCIS and the maintenance of discipline in NCIS.
2
In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
a
authorise or require provision to be made by, or confer discretionary powers on, the NCIS Service Authority, the Director General of NCIS or other persons, or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
F12A
Without prejudice to the generality of the other powers conferred by this section, regulations under this section may make provision—
a
for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the Independent Police Complaints Commission;
b
for conferring a right to participate in, or to be present at, disciplinary proceedings on such persons as may be specified or described in the regulations;
c
as to the representation of persons subject to disciplinary proceedings; and
d
for section 34 of the Criminal Justice and Public Order Act 1994 (c. 33)(inferences to be drawn from a failure to mention a fact when questioned or charged) to apply, with such modifications and in such cases as may be provided for in the regulations, to disciplinary proceedings.
2B
In subsection (2A) “disciplinary proceedings” means any proceedings under any regulations made under subsection (1) which—
a
are conducted in England and Wales; and
b
are identified as disciplinary proceedings by those regulations.
3
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Pt. I (ss. 1-46): Power to continue conferred (11.5.2001) by 2001 c. 16, ss. 109(2)(c)(i), 138(2)