Criminal Justice and Police Act 2001

Part 2 Other members of NCIS Service Authority

8 In Part 2 of Schedule 1 to the 1997 Act (appointment of additional members of NCIS Service Authority), for paragraph 7 (appointment of other members where Authority has 19 members) there shall be substituted—

“7 Where the NCIS Service Authority is to consist of eleven members by virtue of section 1, then in addition to the eight core members—

(a) one of the members shall be a person appointed under this paragraph in accordance with paragraph 7A,

(b) one shall be a person appointed under this paragraph in accordance with paragraph 7B, and

(c) one shall be a member of the Security Service appointed by the Secretary of State under this paragraph.

7A (1) Where an appointment falls to be made in accordance with this paragraph the Secretary of State shall, after consultation with the Scottish Ministers, decide whether the person appointed must be—

(a) a chief constable of a police force in Scotland,

(b) a member of a police authority for an area in Scotland, or

(c) a Crown servant.

(2) Where such a decision is made—

(a) if the member must be within sub-paragraph (1)(a), he shall be appointed by the chief constables of police forces in Scotland, from among their number;

(b) if the member must be within sub-paragraph (1)(b), he shall be appointed by the members of police authorities for areas in Scotland, from among their number; and

(c) if the member must be within sub-paragraph (1)(c), he shall be appointed by the Scottish Ministers.

7B (1) Where an appointment falls to be made in accordance with this paragraph the Secretary of State shall decide whether the person appointed must be—

(a) a person holding at least the rank of deputy chief constable in the Police Service of Northern Ireland,

(b) a member of the Northern Ireland Policing Board, or

(c) a Crown servant.

(2) Where such a determination is made—

(a) if the member must be within sub-paragraph (1)(a), he shall be appointed by the Chief Constable of the Police Service of Northern Ireland;

(b) if the member must be within sub-paragraph (1)(b), he shall be appointed by the members of the Northern Ireland Policing Board, from among their number; and

(c) if the member must be within sub-paragraph (1)(c), he shall be appointed by the Secretary of State.”

9 (1) Paragraph 8 of that Part (appointment of other members where Authority has more than 19 members) shall be amended as follows.

(2) In sub-paragraph (1)—

(a) for “nineteen” there shall be substituted “eleven”;

(b) for “ten” there shall be substituted “eight”;

(c) in paragraph (d), for “one shall be a person” there shall be substituted “a prescribed number shall be persons”;

(d) in paragraph (e), the words “(being not less than two)” and “local authority” shall be omitted;

(e) for paragraph (h) there shall be substituted—

“(h) a prescribed number shall be Crown servants appointed by the Secretary of State under this paragraph;

(ha) a prescribed number shall be Crown servants appointed by the Scottish Ministers under this paragraph; and”;

and

(f) in paragraph (i), for “one shall be a customs officer” there shall be substituted “a prescribed number shall be customs officers”.

(3) Sub-paragraph (2) shall be omitted.

(4) In sub-paragraph (5), after “paragraph” there shall be inserted “; but nothing in this paragraph shall require such an order to prescribe a number in respect of each of the paragraphs of sub-paragraph (1)”.