Police Reform Act 2002

[F1 Director General] E+W

1 [F2 (1) The Director General holds office in accordance with the terms of his or her appointment.

(1A) A person who holds office as Director General must not be an employee of the Office (but may have been such an employee before appointment as the Director General).]

(2) A person who has been sentenced to a term of imprisonment of three months or more shall not, at any time in the five years following the day on which he was sentenced, be appointed as [F3 Director General]; and an appointment made in contravention of this sub-paragraph shall have no effect.

(3) The appointment of the [F4 Director General] shall be for a term not exceeding five years; but the [F5 Director General] shall be eligible for re-appointment at the end of his term of office.

(4) The [F6 Director General] may be removed from office by Her Majesty either—

(a) at his own request; or

(b) on being advised by the Secretary of State that there are grounds falling with sub-paragraph (5) for the removal of the [F7 Director General].

(5) The following are grounds for removing the [F8 Director General] from office—

(a) that he has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months;

(b) that he has become a person falling within one or more paragraphs of section 9(3);

(c) that he has, since his appointment, been sentenced to imprisonment for a term of three months or more;

(d) that he is a person who—

(i) has had a bankruptcy order made against him;

(ii) has had his estate sequestrated; or

(iii) has made a composition or arrangement with, or granted a trust deed for, his creditors;

(e) that he is subject to—

(i) a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under [F9 the Company Directors Disqualification (Northern Ireland) Order 2002] (S.I. 1989/2404 (N.I. 18)); or

(ii) an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order);

(f) that he has acted improperly in relation to his duties; or

(g) that he is otherwise unable or unfit to perform his duties.

(6) For the purposes of this paragraph a sentence of imprisonment for any term the whole or part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.

Textual Amendments

F1 Sch. 2 para. 1 cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 55(3); S.I. 2017/1249, reg. 2 (with reg. 3)

F2 Sch. 2 para. 1(1)(1A) substituted for Sch. 2 para. 1(1) (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(2); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F3 Words in Sch. 2 para. 1(2) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(3); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F4 Words in Sch. 2 para. 1(3) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(4)(a); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F5 Words in Sch. 2 para. 1(3) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(4)(b); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F6 Words in Sch. 2 para. 1(4) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(5)(a); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F7 Words in Sch. 2 para. 1(4) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(5)(b); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F8 Words in Sch. 2 para. 1(5) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(6); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F9 Words in Sch. 2 para. 1(5)(e)(i) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 197(a) (with art. 10)