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

Regulation B1

SCHEDULE 1 MEETINGS AND PROCEEDINGS OF THE AUTHORITY AND ITS COMMITTEES

1.—(1) The Authority shall in every year hold an annual meeting.

(2) The annual meeting of the Authority shall be held on such day in the month of March, April, May or June as the Authority may fix.

(3) An annual meeting of the Authority shall be held at such hour as the Authority may fix, or if no hour is so fixed at twelve noon.

2.—(1) The Authority may in every year hold, in addition to the annual meeting, such other meetings as the Authority may determine.

(2) Those other meetings shall be held at such hour and on such days as the Authority may determine.

3.—(1) An extraordinary meeting of the Authority may be called at any time by the chairman of the Authority.

(2) If the chairman of the Authority refuses to call an extraordinary meeting of the Authority after a requisition for that purpose, signed by three members of the Authority, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after the requisition has been presented to him, then any three members of the Authority, on that refusal or on the expiration of those seven days, as the case may be, may forthwith call an extraordinary meeting of the Authority.

4.—(1) Meetings of the Authority shall be held at such place as it may direct.

(2) Seven clear days at least before a meeting of the Authority—

(a) notice of the time and place of the intended meeting shall be published at the Authority’s offices, and where the meeting is called by members of the Authority the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and

(b) a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by the proper officer of the Authority, shall, subject to sub-paragraph (3) below, be left at or sent by post to the usual place of residence of every member of the Authority.

(3) If a member of the Authority gives notice in writing to the proper officer of the Authority that he desires summonses to attend meetings of the Authority to be sent to him at some address specified in the notice other than this place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.

(4) Want of service of a summons on any member of the Authority shall not affect the validity of a meeting of the Authority.

(5) Except in the case of business required by or under this Order or any other enactment to be transacted at the annual meeting of the Authority and other business brought before that meeting as a matter of urgency in accordance with the Authority’s standing orders, no business shall be transacted at a meeting of the Authority other than that specified in the summons relating thereto.

5.—(1) At a meeting of the Authority the chairman, if present, shall preside.

(2) If the chairman is absent from a meeting of the Authority, another member of the Authority chosen by the members of the Authority shall preside.

6.  No business shall be transacted at a meeting of the Authority unless at least a quarter of the whole number of members of the Authority are present.

7.—(1) Subject to the provisions of any enactment all questions coming or arising before the Authority shall be decided by a majority of the members of the Authority present and voting thereon at a meeting of the Authority.

(2) Subject to those provisions in the case of an equality of votes, the person presiding at the meeting shall have a second and casting vote.

8.  The names of the members present at a meeting of the Authority shall be recorded.

9.—(1) Minutes of the proceedings of a meeting of the Authority shall, subject to sub-paragraph (2) below, be drawn up and entered in a book kept for that purpose and shall be signed at the same or next suitable meeting of the Authority by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

(2) Notwithstanding anything in any enactment or rule of law to the contrary, the minutes of the proceedings of meetings of the Authority may be recorded on loose leaves consecutively numbered, the minutes of the proceedings of any meeting being signed, and each leaf comprising those minutes being initialled, at the same or next suitable meeting of the Authority, by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

(3) Until the contrary is proved, a meeting of the Authority a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.

(4) For the purposes of sub-paragraphs (1) and (2) above the next suitable meeting of the Authority is their next following meeting, or where standing orders made by the Authority provide for another meeting of the Authority to be regarded as suitable, either the next following meeting or that other meeting.

10.  Subject to the provisions of this Order, the Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

11.  The proceedings of the Authority shall not be invalidated by any vacancy among its number or by any defect in the appointment or qualifications of any members thereof.

12.—(1) Paragraphs 7 to 11 above (except paragraph 9(3)) shall apply in relation to a committee of the Authority or sub-committee of any such committee as they apply in relation to the Authority.

(2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 9 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members present at the meeting shall be deemed to have been duly qualified.

Article C9

SCHEDULE 2 ACCESS TO INFORMATION: EXEMPT INFORMATION

PART I DESCRIPTIONS OF EXEMPT INFORMATION

1.  Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under, the Authority.

2.  Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the Authority.

3.  Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the Authority.

4.  Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the Authority.

5.  Information relating to the financial or business affairs of any particular person (other than the Authority).

6.  The amount of any expenditure proposed to be incurred by the Authority under any particular contract for the acquisition of property or the supply of goods or services.

7.  Any terms proposed or to be proposed by or to the Authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

8.  The identity of the Authority (as well as of any other person, by virtue of paragraph 7 above) as the person offering any particular tender for a contract for the supply of goods or services.

9.  Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the Authority or a Minister of the Crown and employees of, or office-holders under, the Authority.

10.  Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—

(a) any legal proceedings by or against the Authority, or

(b) the determination of any matter affecting the Authority,

(whether, in either case, proceedings have been commenced or are in contemplation).

11.  Information which, if disclosed to the public, would reveal that the Authority proposes—

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any enactment.

12.  Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

13.  The identity of a protected informant.

PART II QUALIFICATIONS

1.  Information relating to a person of a description specified in paragraphs 1 to 4 of Part I above is not exempt information by virtue of that paragraph unless it relates to an individual of that description in the capacity indicated by the description.

2.  Information falling within paragraph 5 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—

(a) the Companies Act 1985;

(b) the Friendly Societies Act 1974;

(c) the Industrial and Provident Societies Acts 1965 to 1978;

(d) the Building Societies Act 1986; or

(e) the Charities Act 1993.

3.  Information falling within paragraph 6 of Part I above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the Authority in respect of the property, goods or services, whether the advantage would arise as against the Authority or as against other such persons.

4.  Information falling within paragraph 7 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the Authority in those or any other negotiations concerning the property or goods or services.

5.  Information falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the Authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

6.  Information falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is given or made.

PART III INTERPRETATION

1.—(1) In this Schedule—

• “disposal”, in relation to property, includes the granting of an interest in or right over it;

• “employee” means a person employed under a contract of service;

• “financial or business affairs” includes contemplated, as well as past or current, activities;

• “labour relations matter” means—

  (a)

  any of the matters specified in paragraphs (a) to (g) of section 218 of the Trade Union and Labour Relations (Consolidation) Act 1992(1) (meaning of a trade dispute, within the meaning of that Act); or

  (b)

  any dispute about a matter falling within paragraph (a) above;

  and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the Authority as they apply in relation to employees of the Authority;

• “office-holder”, in relation to the Authority, means the holder of any paid office appointments to which are or may be made or confirmed by the Authority or by any person who holds any such office or is an employee of the Authority;

• “protected informant” means a person giving the Authority information which tends to show that—

  (a)

  a criminal offence,

  (b)

  a breach of statutory duty, or

  (c)

  a nuisance,

  has been, is being or is about to be committed;

• “registered”, in relation to information required to be registered under the Building Societies Act 1986, means recorded in the public file of any Building Society (within the meaning of that Act).

(2) Any reference in this Schedule to “the Authority” includes a committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a committee, to the Authority; and

(b) in the case of a sub-committee, to the committee, or any of the committees, of which it is a sub-committee.

Articles G17, G19, G23 and G24

SCHEDULE 3 PROVISIONS SUPPLEMENTING PART G

PART I CREDIT CEILING

1.—(1) On 1st April 1998 the Authority’s credit ceiling shall be nil and, thereafter should be determined, subject to any prescribed modifications, in accordance with the following provisions of this Part of this Schedule.

(2) In sub-paragraph (1) above “prescribed” means prescribed by the Secretary of State in regulations made under Part III of Schedule 3 to the 1989 Act, which shall apply to the Authority as they apply to the NCS Service Authority; and references in those regulations to local government enactments shall be interpreted as references to the equivalent provisions of, or as applied by, this Order.

2.—(1) If a credit approval is used by the Authority to any extent as mentioned in article G17 of this Order (use of credit approvals by the Authority), then, subject to sub-paragraph (2) below, the Authority’s credit ceiling shall at that time be increased by an amount equal to the extent to which the credit approval is so used.

(2) If, in reliance on a credit approval, the Authority enters into or agrees to the variation of a credit arrangement of the same description as a credit arrangement excluded by regulations made by the Secretary of State under paragraph 11(2) of Schedule 3 to the 1989 Act then no account shall be taken under sub-paragraph (1) above of that use by the Authority of the credit approval.

3.—(1) If the Authority sets aside an amount as provision to meet credit liabilities (whether or not pursuant to a requirement to do so) then, subject to sub-paragraph (2) below, the Authority’s credit ceiling shall at that time be reduced by an amount equal to the amount so set aside (and, by virtue of this paragraph, that ceiling may, accordingly, be a negative amount).

(2) This paragraph does not apply with respect to—

(a) an amount which, in relation to a credit arrangement, other than one excluded by virtue of the application of paragraph 2(2) above, is applied or charged (as an amount of credit cover) as mentioned in paragraph (b) or paragraph (c) of article G12(3) of this Order (limits on powers to enter into credit arrangements); or

(b) so much of an amount set aside under article G24 of this order (duty to set certain amounts aside as provision to meet credit liabilities) as provision to meet credit liabilities as (in accordance with Part II of this Schedule) is referable to notional interest on credit arrangements.

(3) For the purpose of this paragraph, an amount set aside under article G24(1) of this Order (duty to set certain amounts aside as provision to meet credit liabilities) in respect of any financial year shall be treated as set aside on the last day of that year.

4.  If, the Authority applies or transfers under sub-paragraph (2) of article G25 of this Order (use of amounts set aside to meet credit liabilities) an amount set aside as mentioned in sub-paragraph (1) of that article, the Authority’s credit ceiling shall at that time be increased by an amount equal to the amount so applied or transferred.

PART II MINIMUM REVENUE PROVISION

6.—(1) Subject to sub-paragraphs (2) and (3) below, for any financial year the Authority’s minimum revenue provision shall be the aggregate of—

(a) an amount in respect of principal which, except in so far as regulations applied by paragraph 1(2) above otherwise provide, shall be the prescribed percentage of the Authority’s adjusted credit ceiling on the last day of the immediately preceding year; and

(b) an amount in respect of notional interest on each credit arrangement entered into by the Authority which came into being before the beginning of that year, other than an arrangement excluded by regulations applied by virtue of paragraph 1(2) above.

(2) If the Authority’s credit ceiling on the last day of a financial year is nil or negative amount, the Authority’s minimum revenue provision for the immediately following financial year shall be nil.

(3) In the case of a credit arrangement falling within article G11 of this Order (initial and subsequent cost of credit arrangements), the Secretary of State may provide that the amount referred to in sub-paragraph (1)(b) above is nil.

7.  In paragraph 6(1)(a) above the “prescribed percentage” means such percentage, as may be prescribed for the purposes of paragraphs 15(1)(a) and 16(1)(a) of Schedule 3 of the 1989 Act by regulations made by the Secretary of State under Part IV of that Schedule.

8.—(1) Any reference in this Part of this Schedule to the Authority’s adjusted credit ceiling at any time or their adjusted initial credit ceiling is a reference to its credit ceiling or, as the case may be, initial credit ceiling, determined in accordance with Part I of this Schedule.

(2) Without prejudice to the generality of sub-paragraph (1) above, for the purpose of determining the Authority’s adjusted credit ceiling or adjusted initial credit ceiling at any time, where regulations under paragraph 18 of Schedule 3 to the 1989 Act require amounts which are taken into account in determining the Authority’s credit ceiling or initial credit ceiling to be treated as having been repaid, in whole or in part, by reference to amounts set aside as provision for credit liabilities and also, in such cases as may be specified in the regulations, may require an authority to determine which of the amounts so taken into account are to be treated as so repaid, then the same requirements shall apply in relation to the determination of the Authority’s credit ceiling.

9.—(1) Subject to paragraph 6(3) above, for any financial year, the amount referred to in paragraph 6(1)(b) above in respect of notional interest on a credit arrangement is that determined by the formula—

where, subject to sub-paragraphs (2) and (3) below,—

• “a” is the cost of that arrangement on 1st April in that financial year; and

• “b” is the percentage rate of discount prescribed in article G11(2) of this Order (initial and subsequent cost of credit arrangements) for the financial year in which the arrangement came into being.

(2) In the case of a credit arrangement which has been varied as mentioned in article G13(3) of this Order (variation of credit arrangements), “b” in the formula in sub-paragraph (1) above is the percentage rate of discount prescribed under article G11(2) of this Order (initial and subsequent cost of credit arrangements) for the financil year in which the arrangement was so varied or, as the case may be, last varied.

(3) In the case of a credit arrangement falling within article G11(3) of this Order (initial and subsequent cost of credit arrangements) where the Secretary of State by regulations made under Part IV of Schedule 3 to the 1989 Act provides that “b” in the formula under sub-paragraph (1) of paragraph 19 of the Schedule above shall be such figure as may be specified in, or determined under, the regulations then “b” in the formula under sub-paragraph (1) above should also be the same figure as may be specified in, or determined under, those regulations.

(1)

1992 c. 52.