The Police Act 1997 (Commencement No. 5 and Transitional Provisions) Order 1998

Agreements to transfer property, etc.

4.—(1) As soon as practicable after 18th March 1998, the Secretary of State shall—

(a) use his best endeavours to determine whether it is fair and reasonable to make any transfers of property, rights and liabilities from the Crown to the NCIS Service Authority or to PITO; and

(b) give notice in writing to the NCIS Service Authority or (as the case may be) the Police Information Technology Organisation specifying any such transfers and the date or dates on which they are to take effect under article 5 below.

(2) As soon as practicable after 18th March 1998 every police authority, the Receiver for the Metropolitan Police District and the National Crime Squad Service Authority shall—

(a) use their best endeavours to determine whether it is fair and reasonable to make any transfer of property, rights and liabilities from the police authority or the Receiver to the National Crime Squad Service Authority; and

(b) make an agreement in writing specifying which of those transfers are to take effect under article 5 below on 1st April 1998 and which of those transfers are to take effect on such later date as may be so specified.

(3) A notice under paragraph (1) above and an agreement under paragraph (2) above may—

(a) indicate that there are matters specified therein about which a determination or, as the case may be, an agreement is still to be made; or

(b) provide for a variation in the transfer of property, rights or liabilities in circumstances specified in the notice or agreement.

(4) Where it has become apparent that a police authority or the Receiver and the National Crime Squad Service Authority are unable to agree about whether a transfer of property, rights and liabilities should be made under paragraph (2) above—

(a) the police authority or the Receiver and the National Crime Squad Service Authority may nominate and appoint a person to determine the dispute in accordance with article 6 below; or

(b) if the police authority or the Receiver and the National Crime Squad Service Authority are unable to agree either that the dispute should be so determined or on the person to be nominated, the police authority, the Receiver or the National Crime Squad Service Authority may require the Secretary of State to nominate and appoint such a person.

(5) In this article and article 6 below, references to the transfer of property, rights and liabilities mean—

(a) the transfer from the Crown or a police authority or the Receiver (as the case may be) to the NCIS Service Authority, PITO or the National Crime Squad Service Authority, or the apportionment between them of any property and of rights and liabilities relating to it;

(b) such transfer or apportionment of any other rights and liabilities; and

(c) the creation of any rights and liabilities between them.