Criminal Justice and Police Bill - continued        House of Commons
PART VI, POLICE ORGANISATION - continued
Financial provisions for NCIS Service Authority - continued

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Duty of NCIS Service Authority to prepare accounts.     113. After section 21 of the 1997 Act (pensions and gratuities) there shall be inserted-
 
 
"Accounts.     21A. - (1) The NCIS Service Authority shall-
 
    (a) keep proper accounts and proper records in relation to the accounts,
 
    (b) prepare a statement of accounts in respect of each financial year, and
 
    (c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General within such period following the end of the financial year to which it relates as the Secretary of State may specify.
      (2) A statement of accounts under subsection (1) shall be in such form, and contain such information, as the Secretary of State may direct.
 
      (3) Before specifying a period for the purposes of subsection (1)(c), or giving a direction under subsection (2), the Secretary of State must consult the Scottish Ministers.
 
      (4) The Comptroller and Auditor General shall-
 
 
    (a) examine, certify and report on the statement of accounts, and
 
    (b) lay copies of the statement and of his report before each House of Parliament."
 
Financial provisions for NCS Service Authority
Preparation of budget statement by NCS Service Authority.     114. After section 61 of the 1997 Act (NCS service fund) there shall be inserted-
 
 
"Budget statement.     61A. - (1) The NCS 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 62 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 the National Crime Squad estimates will be incurred in connection with the National Crime Squad in the year,
 
    (b) any income which it is estimated will be received in that year, whether by way of charges imposed by the Authority under section 64, 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 NCS 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 62 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 NCS Service Authority.     115. For section 62 of the 1997 Act (which empowers the NCS Service Authority to issue levies to police authorities in England and Wales) there shall be substituted-
 
 
"Grants from the Secretary of State.     62. - (1) The Secretary of State shall for each financial year make a grant to the NCS 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 61A, or
 
    (b) to comply with a requirement under section 62A(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 62.     62A. - (1) The Secretary of State may require the NCS Service Authority to provide him, in connection with the exercise of his functions under section 62, 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 62 he shall prepare a report-
 
 
    (a) setting out the determination (including any conditions imposed by virtue of section 62(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 NCS Service Authority, and
 
    (b) be laid before the House of Commons.
      (4) A grant to the NCS Service Authority under section 62 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 62(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."
 
Duty of NCS Service Authority to prepare accounts.     116. After section 66 of the 1997 Act (pensions and gratuities) there shall be inserted-
 
 
"Accounts.     66A. - (1) The NCS Service Authority shall-
 
    (a) keep proper accounts and proper records in relation to the accounts,
 
    (b) prepare a statement of accounts in respect of each financial year, and
 
    (c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General within such period following the end of the financial year to which it relates as the Secretary of State may specify.
      (2) A statement of accounts under subsection (1) shall be in such form, and contain such information, as the Secretary of State may direct.
 
      (3) The Comptroller and Auditor General shall-
 
 
    (a) examine, certify and report on the statement of accounts, and
 
    (b) lay copies of the statement and of his report before each House of Parliament."
 
Director General and other members of NCIS
Appointment of NCIS Director General.     117. - (1) Section 6 of the 1997 Act (appointment of Director General) shall be amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) for "NCIS Service Authority" there shall be substituted "Secretary of State", and
 
    (b) for "the Authority" there shall be substituted "he".
      (3) After that subsection, there shall be inserted-
 
 
    "(1A) The NCIS Service Authority shall pay to the Director General such remuneration and allowances as the Secretary of State may determine."
 
      (4) In subsection (2)-
 
 
    (a) for "a panel of members of the Authority" there shall be substituted "the Secretary of State",
 
    (b) for "that panel" there shall be substituted "a panel of members of the NCIS Service Authority", and
 
    (c) the words "after consultation with the Scottish Ministers" shall be omitted.
      (5) After subsection (2) there shall be inserted-
 
 
    "(2A) Where an appointment falls to be made under this section and a list has been approved by the Secretary of State for the purposes of subsection (2), the panel mentioned in that subsection may make, to the Secretary of State, such recommendations as it thinks fit.
 
      (2B) Before making an appointment under this section, the Secretary of State shall-
 
 
    (a) have regard to any recommendations made to him under subsection (2A), and
 
    (b) consult the Scottish Ministers."
      (6) In subsection (4)(a), the words "(other than under paragraph 6, 7(f) or 8(1)(h) of Schedule 1)" shall be omitted.
 
      (7) An order under section 140(2) bringing into force subsections (1) to (6) of this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient.
 
Removal of NCIS members (other than the Director General).     118. After section 9 of the 1997 Act (members of NCIS) there shall be inserted-
 
 
"Removal of certain members appointed under section 9.     9A. - (1) Without prejudice to section 21 or to any regulations under section 37 or under the Police Pensions Act 1976, the NCIS Service Authority, acting with the approval of the Secretary of State, may call upon a member of NCIS appointed under section 9 to retire in the interests of efficiency or effectiveness.
 
    (2) Subsection (1) does not apply to any member of NCIS appointed by the Director General by virtue of section 9(8).
 
      (3) Before seeking the approval of the Secretary of State for the purposes of subsection (1), the Authority shall give the member concerned an opportunity to make representations and shall consider any representations that he makes.
 
      (4) Before giving an approval for the purposes of subsection (1), the Secretary of State shall consult the Scottish Ministers.
 
      (5) A member who is called upon to retire under subsection (1) shall retire on such date as the Authority may specify or on such earlier date as may be agreed between him and the Authority."
 
Removal of NCIS Director General, etc.     119. - (1) In section 29 of the 1997 Act (removal of Director General at direction of the Secretary of State) for subsections (1) to (3) there shall be substituted-
 
 
    "(1) Without prejudice to section 21 or to any regulations under section 37 or under the Police Pensions Act 1976, the Secretary of State may-
 
 
    (a) call upon the Director General of NCIS to retire in the interests of efficiency or effectiveness, or
 
    (b) require the NCIS Service Authority to exercise its power under section 9A to call upon a member of NCIS (other than a member to which subsection (2) of that section applies) to retire in the interests of efficiency or effectiveness.
      (2) Before exercising his powers under subsection (1)(a) in relation to the Director General, or under subsection (1)(b) in relation to any other member, the Secretary of State shall-
 
 
    (a) give the person concerned an opportunity to make representations,
 
    (b) consider any representations that he makes, and
 
    (c) consult the Scottish Ministers.
      (3) Where representations are made under subsection (2), the Secretary of State may, and in a case where he proposes to exercise his power under subsection (1)(a) or (b) shall, appoint one or more persons to hold an inquiry and report to him."
 
      (2) After subsection (6) of that section there shall be inserted-
 
 
    "(7) A Director General who is called upon to retire under subsection (1)(a) shall retire on such date as the Secretary of State may specify or on such earlier date as may be agreed between the Director General and the Secretary of State."
 
 
Director General and other members of NCS
Appointment of NCS Director General.     120. - (1) Section 52 of the 1997 Act (appointment of Director General) shall be amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) for "NCS Service Authority" there shall be substituted "Secretary of State", and
 
    (b) for "the Authority" there shall be substituted "he".
      (3) After that subsection, there shall be inserted-
 
 
    "(1A) The NCS Service Authority shall pay to the Director General such remuneration and allowances as the Secretary of State may determine."
 
      (4) In subsection (2)-
 
 
    (a) for "a panel of members of the Authority" there shall be substituted "the Secretary of State", and
 
    (b) for "that panel" there shall be substituted "a panel of members of the NCS Service Authority".
      (5) After subsection (2), there shall be inserted-
 
 
    "(2A) Where an appointment falls to be made under this section and a list has been approved by the Secretary of State for the purposes of subsection (2), the panel mentioned in that subsection may make, to the Secretary of State, such recommendations as it thinks fit.
 
      (2B) Before making an appointment under this section, the Secretary of State shall have regard to any recommendations made to him under subsection (2A)."
 
      (6) In subsection (4)(a), the words "(other than under paragraph 6 of Schedule 1)" shall be omitted.
 
      (7) An order under section 140(2) bringing into force subsections (1) to (6) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient.
 
 
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