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Police Act 1997, Section 6 is up to date with all changes known to be in force on or before 01 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.
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(1)NCIS shall have a Director General appointed by the [F1Secretary of State] on such terms and conditions as [F2he] considers appropriate.
[F3(1A)The NCIS Service Authority shall pay to the Director General such remuneration and allowances as the Secretary of State may determine.]
(2)The Director General shall be chosen by [F4the Secretary of State] from a list of persons eligible for appointment which has been prepared by [F5a panel of members of the NCIS Service Authority] and approved by the Secretary of State F6 . . .
[F7(2A)Where an appointment falls to be made under this section and a list has been approved by the Secretary of State for the purposes of subsection (2), the panel mentioned in that subsection may make, to the Secretary of State, such recommendations as it thinks fit.
F7(2B)Before making an appointment under this section, the Secretary of State shall—
(a)have regard to any recommendations made to him under subsection (2A), and
(b)consult the Scottish Ministers.]
(3)A person shall be eligible for appointment as Director General for the purposes of subsection (2) if—
(a)he holds the rank of chief constable in a police force in Great Britain or in the [F8Police Service of Northern Ireland],
(b)he is the Commissioner, an Assistant Commissioner or a Deputy Assistant Commissioner of Police of the Metropolis,
(c)he is the Commissioner of Police for the City of London, or
(d)he is, in accordance with regulations under section 50 of the M1Police Act 1996, section 26 of the M2Police (Scotland) Act 1967 or [F9section 25 of the M3Police (Northern Ireland) Act 1998] a constable eligible for appointment to any of the ranks or posts mentioned in paragraphs (a) to (c).
(4)The panel mentioned in subsection (2) shall be convened by the chairman of the NCIS Service Authority and shall consist only of members of that Authority appointed—
(a)by the Secretary of State F10. . . , or
(b)by F11. . . members of police authorities for areas in England and Wales F11. . ., members of police authorities for areas in Scotland or members of the [F12Northern Ireland Policing Board].
(5)The Director General shall, on appointment, be attested as a constable by making a declaration in the form set out in Schedule 4 to the Police Act 1996 before a justice of the peace F13. . . in England and Wales.
(6)Without prejudice to any other enactment conferring powers on constables for particular purposes, the Director General shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.
(7)The Director General shall hold the rank of chief constable.
(8)In subsection (6)—
“powers” includes powers under any enactment, whenever passed or made;
“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;
and that subsection, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.
Textual Amendments
F1Words in s. 6(1) substituted (1.4.2002) by 2001 c. 16, s. 116(2)(a); S.I. 2002/344, art. 3(h) (with transitional provisions in art. 4)
F2Word in s. 6(1) substituted (1.4.2002) by 2001 c. 16, s. 116(2)(b); S.I. 2002/344, art. 3(h) (with transitional provisions in art. 4)
F3S. 6(1A) inserted (1.4.2002) by 2001 c. 16, s. 116(3); S.I. 2002/344, art. 3(h) (with transitional provisions in art. 4)
F4Words in s. 6(2) substituted (1.4.2002) by 2001 c. 16, s. 116(4)(a); S.I. 2002/344, art. 3(h) (with transitional provisions in art. 4)
F5Words in s. 6(2) substituted (1.4.2002) by 2001 c. 16, s. 116(4)(b); S.I. 2002/344, art. 3(h) (with transitional provisions in art. 4)
F6Words in s. 6(2) repealed (1.4.2002) by 2001 c. 16, ss. 116(4)(c), 137, Sch. 7 Pt. 5 para. 1; S.I. 2002/344, art. 3(h)(j)(m) (with transitional provisions in art. 4)
F7S. 6(2A)(2B) inserted (1.4.2002) by 2001 c. 16, s. 116(5); S.I. 2002/344, art. 3(h) (with transitional provisions in art. 4)
F8Words in s. 6(3)(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.
F9Words in s. 6(3)(d) substituted (1.4.1999) by 1998 c. 32, s. 74(1), Sch. 4 para. 22(2); S.I. 1999/176, art. 3
F10Words in s. 6(4)(a) repealed (1.4.2002) by 2001 c. 16, ss. 116(6), 137, Sch. 7 Pt. 5 para. 1; S.I. 2002/344, art. 3(h)(j)(m) (with transitional provisions in art. 4)
F11Words in s. 6(4)(b) repealed (1.4.2002) by 2001 c. 16, ss. 128(1), 137, Sch. 6 Pt. 1 para. 7, Sch. 7 Pt. 5 para. 1; S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)
F12Words in s. 6(4)(b) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.
F13Words in s. 6(5) repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. V(3) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(c)
Modifications etc. (not altering text)
C1S. 6 restricted (1.9.1997) by 1996 c. 16, s. 62(1A) (as inserted (1.9.1997) by 1997 c. 50, s. 134(1), Sch. 9 para. 82(2); S.I. 1997/1930, art. 3
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