Police Act 1997

6 Appointment of Director General.U.K.

(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 [F5shortlist] which has been prepared by [F6a panel of members of the NCIS Service Authority] and approved by the Secretary of State F7 . . .

[F8(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.

F8(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)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F14(5A)The Director General shall not be attested as a constable under subsection (5) if—

(a)he was not a serving police officer immediately before his appointment as Director General took effect; or

(b)he had already been attested as a constable in England and Wales and still held that office immediately before his appointment took effect.]

(6)Without prejudice to any other enactment conferring powers on constables for particular purposes, the Director General [F15, except in a case where he was not a serving police officer immediately before his appointment took effect,] shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

(7)The Director General [F16, except in a case where he was not a serving police officer immediately before his appointment took effect,] 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.

[F17(9)In this section “serving police officer” means a person who—

(a)is a member of a relevant police force;

(b)is engaged on relevant service, within the meaning of section 97 of the Police Act 1996 (c. 16); or

(c)without being so engaged, is a police member of NCIS or a police member of the National Crime Squad.

(10)In subsection (9) “relevant police force” means—

(a)a police force maintained under section 2 of the Police Act 1996;

(b)the metropolitan police force;

(c)the City of London police force;

(d)a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (c. 77);

(e)the Police Service of Northern Ireland;

(f)the Ministry of Defence Police;

F18(g)the British Transport Police Force,

(h)the States of Jersey Police Force;

(i)the salaried police force of the Island of Guernsey; or

(j)the Isle of Man Constabulary.]

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)

F5Word in s. 6(2) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 85(2); S.I. 2002/2306, art. 2(f)(iii)

F6Words 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)

F7Words 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)

F8S. 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)

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)

F15Words in s. 6(6) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 85(5); S.I. 2002/2306, art. 2(f)(iii)

F16Words in s. 6(7) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 85(5); S.I. 2002/2306, art. 2(f)(iii)

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