The Police Act 1997 (Provisions in relation to the NCIS Service Authority) Order 1998

Grant and supervision of exemptions from political restriction

J7.—(1) The person appointed by the Secretary of State to carry out the functions in relation to political restriction under section 3 of the 1989 Act shall—

(a) carry out those functions in relation to paragraphs (2) to (7) below; and

(b) give such general advice with respect to the determination of questions arising by virtue of article J6(2) above as that person considers appropriate after consulting such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate.

(2) A person appointed under section 3 of the 1989 Act—

(a) shall consider any application for exemption from political restriction which is made to him, in respect of any post under the Authority, by the holder for the time being of that post; and

(b) may, on the application of any person or otherwise, give directions to the Authority requiring it to include a post in the list maintained by the Authority under article J6(2) above.

(3) An application shall not be made by virtue of paragraph (2)(a) above in respect of a post under the Authority except where—

(a) the Authority has specified or is proposing to specify the post in the list maintained by the Authority under article J6(2) above; and

(b) in the case of a post falling within sub-paragraph (a) or (b) of that paragraph, the Authority has certified whether or not, in its opinion, the duties of the post fall within paragraph (3) of that article;

and it shall be the duty of the Authority to give a certificate for the purposes of sub-paragraph (b) above in relation to any post if it is requested to do so by the holder of that post.

(4) If, on an application made by virtue of paragraph (2)(a) above in respect of any post under the Authority, the person to whom the application is made is satisfied that the duties of the post do not fall within article J6(3) above, that person shall direct—

(a) that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and

(b) that, accordingly, the post is not to be specified in the list maintained by the Authority under article J6(2) above or, as the case may be, is to be removed from that list.

(5) A person appointed under section 3 of the 1989 Act shall not give a direction under paragraph (2)(b) above in respect of any post under the Authority except where he is satisfied that the post—

(a) is a post the duties of which fall within article J6(3) above; and

(b) is neither included in any list maintained by the Authority in accordance with article C7 or article J6(2) above, nor of a description specified for the purposes of article J6(2)(a) above.

(6) It shall be the duty of the Authority—

(a) to give a person appointed under section 3 of the 1989 Act all such information as that person may reasonably require for the purpose of carrying out his functions under this article;

(b) to comply with any direction under this article with respect to the list maintained by the Authority; and

(c) on being given a direction by virtue of paragraph (2)(b) above, to notify the terms of the direction to the holder for the time being of the post to which the direction relates.

(7) It shall be the duty of a person appointed under section 3 of the 1989 Act, in carrying out his functions under this article, to give priority, according to the time available before the election, to any application made by virtue of paragraph (2)(a) above by a person who certifies that it is made for the purpose of enabling him to be a candidate in a forthcoming election.