Criminal Justice and Police Bill - continued        House of Commons

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  PART VI
  POLICE ORGANISATION
 
Police authorities etc.
Vice-chairmen.     106. - (1) In Schedule 2 to the 1996 Act (police authorities outside London), after paragraph 9 there shall be inserted-
 
 

"Vice-chairmen
 9A. - (1) At an annual meeting a police authority may appoint one or more vice-chairmen from among its members.
 
      (2) The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman.
 
      (3) Where a vice-chairman ceases to hold office at any time between annual meetings, a police authority may make an appointment to fill the vacancy at any meeting of the authority held more than fourteen days after the occurrence of the vacancy.
 
      (4) Subject to any standing orders made by a police authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority."
 
      (2) In Schedule 2A to that Act (the Metropolitan Police Authority), after paragraph 6 there shall be inserted-
 
 

"Vice-chairmen
 6A. - (1) At an annual meeting the Metropolitan Police Authority may appoint one or more vice-chairmen from among its members.
 
      (2) The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman.
 
      (3) Where a vice-chairman ceases to hold office at any time between annual meetings, the Metropolitan Police Authority may make an appointment to fill the vacancy at any meeting of the Authority held more than fourteen days after the occurrence of the vacancy.
 
      (4) Subject to any standing orders made by the Metropolitan Police Authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority."
 
      (3) In Schedule 1 to the 1997 Act, the following paragraph shall be inserted at the end of Part I-
 
 
"6B. - (1) The Secretary of State may appoint one of the core members to be the vice-chairman of both the NCS Service Authority and the NCIS Service Authority.
 
      (2) Before making an appointment under this paragraph, the Secretary of State shall consult the Scottish Ministers.
 
      (3) Subject to any provision made by the NCS Service Authority or the NCIS Service Authority under paragraph 3 of Schedule 2A, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority."
 
      (4) In the following provisions (tenure of office, eligibility for reappointment and validity of acts of chairman and members of police authorities etc.)-
 
 
    (a) paragraphs 17(1) and 21 to 23 of Schedule 2 to the 1996 Act,
 
    (b) paragraphs 12(1) and 16 to 18 of Schedule 2A to that Act, and
 
    (c) paragraphs 6(1)(a) and (2), 8(1) and (3), 12 and 15 of Schedule 2 to the 1997 Act,
       after "chairman", wherever it occurs, there shall be inserted "or vice-chairman".
 
      (5) In paragraph 24 of Schedule 2 to the 1996 Act, paragraph 19 of Schedule 2A to that Act and paragraph 16 of Schedule 2 to the 1997 Act (validity of acts)-
 
 
    (a) after "of chairman", in each case, there shall be inserted, "by a vacancy for a vice-chairman"; and
 
    (b) after "as chairman", in each case, there shall be inserted "or vice-chairman".
      (6) In paragraph 25 of Schedule 2 to the 1996 Act (allowances for members of police authorities)-
 
 
    (a) in sub-paragraph (1), after "chairman" there shall be inserted ", vice-chairmen"; and
 
    (b) in sub-paragraph (2), after "chairman," there shall be inserted "a vice-chairman,".
      (7) In paragraph 20 of Schedule 2A to the 1996 Act (allowances for members of the Metropolitan Police Authority etc.)-
 
 
    (a) in sub-paragraph (1), after "chairman" there shall be inserted ", vice-chairmen"; and
 
    (b) in sub-paragraph (3), after "chairman," there shall be inserted "a vice-chairman,".
      (8) In paragraph 17 of Schedule 2 to the 1997 Act (allowances for members of the Service Authorities for NCIS and NCS)-
 
 
    (a) in sub-paragraph (1), after "chairman" there shall be inserted ", vice-chairmen"; and
 
    (b) in sub-paragraph (3), after "chairman," there shall be inserted "a vice-chairman,".
      (9) In paragraph 6B(b) of Schedule 12 to the Local Government Act 1972 (persons to preside in the case of a police authority in the absence of the chairman), for the words from "another member" to "preside" there shall be substituted "the following person shall preside-
 
 
      (i) in a case in which only one vice-chairman is present at the meeting, that vice-chairman;
 
      (ii) in a case in which more than one vice-chairman is present at the meeting, the vice-chairman chosen by the members present; and
 
      (iii) in any other case, the member chosen by the members present;".
Removal of age qualification for membership.     107. - (1) The following provisions (which disqualify persons of more than seventy years old from membership of police authorities etc. and from selection panels of police authorities) shall cease to have effect-
 
 
    (a) paragraph 10 of Schedule 2 to the 1996 Act (police authorities outside London);
 
    (b) paragraph 1(b) of Schedule 2 to the 1997 Act (service authorities for the National Crime Squad and the National Criminal Intelligence Service).
      (2) Accordingly, in paragraphs 12 to 14 of Schedule 2 to the 1996 Act, for the words "paragraphs 10 and 11", wherever they occur, there shall be substituted "paragraph 11".
 
Payment of allowances to authority members etc.     108. - (1) In each of the following provisions (which provide for the members of certain authorities to be made such payments by way of reimbursement of expenses and allowances as the Secretary of State may determine), the words "and allowances" shall be omitted-
 
 
    (a) paragraph 25(1) of Schedule 2 to the 1996 Act (police authorities outside London);
 
    (b) paragraph 20(1) of Schedule 2A to that Act (the Metropolitan Police Authority);
 
    (c) paragraph 17(1) of Schedule 2 to the 1997 Act (the authorities for NCS and NCIS).
      (2) After paragraph 25 of Schedule 2 to the 1996 Act (the police authorities outside London) there shall be inserted-
 
 

"Allowances for members etc.
 25A. - (1) Subject to the following provisions of this paragraph, a police authority may make to its chairman, vice-chairmen and other members such payments by way of allowances as the authority may determine.
 
      (2) Subject to sub-paragraph (6), no payment shall be made under this paragraph except in accordance with arrangements published by the authority not more than twelve months before the making of the payment.
 
      (3) A police authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by the authority.
 
      (4) It shall be the duty of a police authority, when making or revising any arrangements made for the purposes of this paragraph, to have regard to any guidance given by the Secretary of State about the payment of allowances.
 
      (5) Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice chairman or other member or is appointed under paragraph 2, 5 or 8.
 
      (6) The Secretary of State may by regulations impose such limits as may be provided for by or under the regulations on the payments that may be made under this paragraph.
 
      (7) A statutory instrument containing regulations under sub-paragraph (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
 
Members of standards committees
  25B. Paragraphs 25 and 25A shall have effect in relation to a police authority as if references to members of the authority included references to persons who are not members of the authority but are members of the authority's standards committee; and the power to make different payments according to the recipient shall include power to make different payments to persons who are not members of the authority but are members of the authority's standards committee."
 
      (3) After paragraph 20 of Schedule 2A to that Act (the Metropolitan Police Authority) there shall be inserted-
 
 

"Allowances for members etc.
 20A. - (1) Subject to the following provisions of this paragraph, the Metropolitan Police Authority may make to its chairman, vice-chairmen and other members such payments by way of allowances as that Authority may determine.
 
      (2) Subject to sub-paragraphs (6) and (7), no payment shall be made under this paragraph except in accordance with arrangements published by the Metropolitan Police Authority not more than twelve months before the making of the payment.
 
      (3) The Metropolitan Police Authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by that Authority.
 
      (4) It shall be the duty of the Metropolitan Police Authority, when making or revising any arrangements made for the purposes of this paragraph, to have regard to any guidance given by the Secretary of State about the payment of allowances.
 
      (5) Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice chairman or one of the other members of the Metropolitan Police Authority, or is appointed under paragraph 3 or 5.
 
      (6) No payment shall be made under this paragraph to any member of the Metropolitan Police Authority who is also a member of the London Assembly.
 
      (7) The Secretary of State may by regulations impose such limits as may be provided for by or under the regulations on the payments that may be made under this paragraph.
 
      (8) A statutory instrument containing regulations under sub-paragraph (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
 
Members of standards committees
  20B. Paragraphs 20 and 20A shall have effect in relation to the Metropolitan Police Authority as if references to the members of that Authority included references to persons who are not members of that Authority but are members of the Authority's standards committee; and the power to make different payments according to the recipient shall include power to make different payments to persons who are not members of that Authority but are members of the Authority's standards committee."
 
      (4) After paragraph 17 of Schedule 2 to the 1997 Act (the Service Authorities for NCS and NCIS), there shall be inserted-
 
 

"Allowances for members etc.
 17A. - (1) Subject to the following provisions of this paragraph, a Service Authority may make to its chairman, vice-chairmen and other members such payments by way of allowances as that Service Authority may determine.
 
      (2) Subject to sub-paragraphs (6) and (7), no payment shall be made under this paragraph except in accordance with arrangements published by the Service Authority not more than twelve months before the making of the payment.
 
      (3) A Service Authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by that Authority.
 
      (4) It shall be the duty of a Service Authority, when making or revising any arrangements made for the purposes of this paragraph, to have regard to any guidance given by the Secretary of State about the payment of allowances.
 
      (5) Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice chairman a core member or another member.
 
      (6) No payment shall be made under this paragraph to-
 
 
    (a) any member of a Service Authority appointed under paragraph 3, 6 or 6A of Schedule 1,
 
    (b) any member of a Service Authority appointed, otherwise than by virtue of his being within paragraph 7A(1)(b) or 7B(1)(b), under paragraph 7A of that Schedule; or
 
    (c) any member of a Service Authority appointed under paragraph 8(1)(b), (c), (d), (h), (ha) or (i), 9(1)(a) or 10(1)(b) of that Schedule.
      (7) The Secretary of State may by regulations impose such limits as may be provided for by or under the regulations on the payments that may be made under this paragraph.
 
      (8) A statutory instrument containing regulations under sub-paragraph (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 
 
Constitution of the Service Authorities for NCIS and NCS
Number and appointment of members.     109. - (1) In section 1 of the 1997 Act (establishment of the Service Authority for the National Criminal Intelligence Service), in each of subsections (2) and (3) (which make provision about the number of members of the Authority), for "nineteen" there shall be substituted "eleven".
 
      (2) In section 47 of the 1997 Act (establishment of the Service Authority for the National Crime Squad), in each of subsections (2) and (3) (which make provision about the number of members of the Authority), for "seventeen" there shall be substituted "eleven".
 
      (3) Schedule 6 (which amends the provision made for the appointment of members of the Service Authorities in Schedule 1 to the 1997 Act) shall have effect.
 
Transitional provision relating to section 109 etc.     110. - (1) An order under section 140(2) bringing into force section 109 and Schedule 6 may include such transitional provision as appears to the Secretary of State to be necessary or expedient.
 
      (2) In particular, such an order may-
 
 
    (a) provide that the persons who are members of one or both of the Service Authorities, immediately before the relevant provisions come into force, shall be treated as having resigned, in accordance with Schedule 2 to the 1997 Act, at that time;
 
    (b) make provision to ensure that members ("the new members") are appointed to the Service Authorities in accordance with the 1997 Act, as amended by this Act, with effect from the time the relevant provisions come into force; and
 
    (c) provide that (notwithstanding the coming into force of the relevant provisions and the appointment of the new members) for such purposes and in respect of such period as may be specified in the order-
 
      (i) Parts I and II of the 1997 Act shall continue to have effect as if sections 109 and 130 of, and Schedules 6 and 7 to, this Act had not been enacted, and
 
      (ii) any provision made under paragraph (a) shall not apply.
      (3) For the purposes of subsection (2)-
 
 
    "the relevant provisions" means section 109 and Schedule 6; and
 
    "the Service Authorities" means the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad.
      (4) In relation to any time before the coming into force of section 2(3) of the Police (Northern Ireland) Act 2000, the references to the Northern Ireland Policing Board in paragraph 7B of Schedule 1 to the 1997 Act (inserted by Schedule 6 to this Act) shall be construed as references to the Police Authority for Northern Ireland.
 
 
Financial provisions for NCIS Service Authority
Preparation of budget statement by NCIS Service Authority.     111. After section 16 of the 1997 Act (NCIS service fund) there shall be inserted-
 
 
"Budget statement.     16A. - (1) The NCIS Service Authority shall, before the beginning of each financial year, submit to the Secretary of State a budget statement for that year.
 
    (2) In this section references to a budget statement for a financial year are to a statement of the amount which the Authority estimates it requires by way of grant under section 17 for that year.
 
      (3) In preparing a budget statement for a financial year, the Authority shall take account of-
 
 
    (a) the expenditure which the Director General of NCIS estimates will be incurred in connection with NCIS in the year,
 
    (b) any income which it is estimated will be received in that year, whether by way of payments under section 18A or by way of charges imposed by the Authority under section 19, or otherwise,
 
    (c) the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,
 
    (d) the current and proposed level of borrowing of the Authority,
 
    (e) the views of all members of the Authority, and
 
    (f) such other matters as may be prescribed.
      (4) A budget statement submitted under subsection (1) shall be in such form, and contain such information, as may be prescribed.
 
      (5) Where the NCIS Service Authority has submitted a budget statement for a financial year, it shall notify the Secretary of State, as soon as is practicable, of any change in circumstances which results in a material change (whether an increase or a reduction) in the amount required (or expected to be required) by it by way of grant under section 17 for that year.
 
      (6) In this section "prescribed" means prescribed by an order made by the Secretary of State.
 
      (7) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of the House of Commons."
 
Funding of NCIS Service Authority.     112. For section 17 of the 1997 Act (which empowers the NCIS Service Authority to issue levies to police authorities in England and Wales) there shall be substituted-
 
 
"Grants from the Secretary of State.     17. - (1) The Secretary of State shall for each financial year make a grant to the NCIS Service Authority.
 
    (2) If the Authority fails, in relation to a financial year,-
 
 
    (a) to submit to the Secretary of State a budget statement in accordance with section 16A, or
 
    (b) to comply with a requirement under section 17A(1),
       subsection (1) above shall not apply in respect of that year, but the Secretary of State may make a grant to the Authority for that year.
 
      (3) For every financial year the Secretary of State shall determine the amount of the grant to be made under this section; and a determination under this subsection may be varied by a subsequent determination under this subsection.
 
      (4) If the Secretary of State considers it appropriate, he may make any payment of grant under this section on conditions.
 
      (5) The conditions may (among other things)-
 
 
    (a) regulate the purposes for which the payment or any part of it may be used;
 
    (b) require repayment to the Secretary of State in specified circumstances.
Provision supplemental to section 17.     17A. - (1) The Secretary of State may require the NCIS Service Authority to provide him, in connection with the exercise of his functions under section 17, with such information as he may specify, within such period as he may specify.
 
      (2) Where the Secretary of State makes a determination under section 17, he shall prepare a report-
 
 
    (a) setting out the determination (including any conditions imposed by virtue of section 17(4)), and
 
    (b) stating the considerations which he took into account in making it.
      (3) A copy of every report prepared under subsection (2) shall-
 
 
    (a) be sent to the NCIS Service Authority, and
 
    (b) be laid before the House of Commons.
      (4) A grant to the NCIS Service Authority under section 17 shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may determine; and any such time may fall within or after the financial year concerned.
 
      (5) Where in consequence of a further determination under section 17(3) the amount of the Authority's grant is less than the amount already paid to it for the year, a sum equal to the difference shall be paid by the Authority to the Secretary of State at such time as he may specify."
 
 
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