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Police Act 1997, Section 9 is up to date with all changes known to be in force on or before 05 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 consist of—
(a)the Director General of NCIS appointed under section 6,
(b)persons appointed by the NCIS Service Authority under this paragraph as police members of NCIS, and
(c)other persons appointed by the NCIS Service Authority under this paragraph to be members of NCIS as employees of the Authority.
(2)A person shall be appointed as a police member of NCIS only if—
(a)he is appointed to the rank of assistant chief constable in NCIS and he met the requirements of subsection (3) immediately prior to his being appointed, or
(b)he is engaged with NCIS on a period of temporary service F1...
(3)A person meets the requirements of this subsection if—
(a)he holds the rank of assistant chief constable or a higher rank in a police force in Great Britain or in the [F2Police Service of Northern Ireland],
(b)he holds the rank of commander or a higher rank in the metropolitan police force or in the City of London police force, or
(c)he is, in accordance with regulations under section 50 of the Police Act 1996, section 26 of the Police (Scotland) Act 1967 or [F3section 25 of the Police (Northern Ireland) Act 1998,] a constable eligible for appointment to the rank of assistant chief constable or commander in any of the police forces, or in [F4the Police Service of Northern Ireland], mentioned in paragraph (a) or (b).
(4)Subsections (5), (6) and (8) of section 6 apply to a police member to whom subsection (2)(a) above applies as they apply to the Director General of NCIS.
(5)A person appointed under subsection (1)(b) or (c) shall be appointed on such terms and conditions as the NCIS Service Authority considers appropriate.
(6)Before making an appointment under subsection (1)(b) or (c), or determining the terms and conditions on which such an appointment is to be made, the NCIS Service Authority shall consult the Director General of NCIS.
(7)A police member to whom subsection (2)(b) applies shall cease to be a member of NCIS at the end of his period of temporary service (unless re-appointed under this section).
(8)[F5The NCIS Service Authority shall exercise its powers under Schedule 2A] so as to secure that, subject to subsection (9) below, the Director General appoints persons under subsection (1)(b) or (c) to be members of NCIS.
(9)Subsection (8) shall not apply to—
(a)the appointment of any person to whom subsection (2)(a) applies as a police member, or
(b)the appointment of such other persons as may be agreed between the Director General and the Authority or, in the absence of agreement, as may be determined by the Secretary of State.
[F6(9A)In this section “a period of temporary service” means a period of temporary service to which any of the following provisions applies—
(a)section 97 of the Police Act 1996 (c. 16);
(b)section 38A of the Police (Scotland) Act 1967;
(c)section 27 of the Police (Northern Ireland) Act 1998 (c. 32);
(d)section 2B of the Ministry of Defence Police Act 1987.]
(10)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 9(2)(b) repealed (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 86(2)(b), 108(2), Sch. 8; S.I. 2003/808, art. 2(g)(l)(iii)
F2Words in s. 9(3)(c) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art.2, Sch.
F3Words in s. 9(3)(c) substituted (1.4.1999) by 1998 c. 32, s. 74(1), Sch. 4 para. 22(4); S.R. 1999/176, art. 3
F4Words in s. 9(3)(c) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(4); S.R. 2001/396, art. 2, Sch.
F5Words in s. 9(8) substituted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 8; S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)
F6S. 9(9A) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 86(5), 108(2); S.I. 2003/808, art. 2(g)
F7S. 9(10) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
Modifications etc. (not altering text)
C1S. 9(1)(b) 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
C2S. 9(1)(c) extended (1.4.1998) by S.I. 1998/354, art. 3(5)
Commencement Information
I1S. 9 wholly in force at 31.10.1997; s. 9 not in force at Royal Assent, see s. 135; s. 9 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
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