Joint Committee on Statutory Instruments Fifteenth Report


APPENDIX VII

Memorandum by the Home Office


POLICE ACT 1997 (PROVISIONS IN RELATION TO THE NCIS SERVICE AUTHORITY (NO. 2) ORDER 1997 (S.I. 1997/2391)

  1. In articles 5 and 6, generally the references are in each relevant place to a contract, a proposed contract or other matter. Given this, would not drafting consistency be secured if, in article 5(1), a reference to a proposed contrct (as well as to a contract) appeared in the second and third places where a contract or other matter is referred to?

  The drafting of article 5(1) is based on that in section 94 of the Local Government Act 1972. While it is accepted that reference to proposed contract (as well as to a contract) would ensure consistent drafting we would not wish to cast doubt on the meaning of that section by using a different form of words unless we thought that the meaning of the article was unclear. We think the meaning of the article is clear.

  2. Article 6(3), in the case of married persons living together one of whom has a pecuniary interest in a contract, proposed contract or other matter, treats the other spouse (if he or she knows of it) as also having such an interest. Did the Department give consideration to extending the provision so that it would apply to unmarried persons who are living together as husband and wife?

  We did not specifically consider whether the provision in article 6(3) should be extended to apply to unmarried persons living together as husband and wife. However, having now done so we do not propose that it should be so extended as this would result in pecuniary interests having a different meaning for members of service authorities than it has for members of local authorities and police authorities and, since there is some overlap in membership, this could cause confusion and would therefore be undesirable.

  3. Paragraph (3) of article 14 provides that references in that article to a paid office under the Authority do not include references to, or to the office of, the chairman of the Authority. Explain the purpose and effect of article 14(3), given that paragraph 17 of Schedule 2 of the Police Act 1997 provides only for payments by way of reimbursement of expenses and allowances to the chairman.

  It is accepted that the chairman of the authority is not a paid office under the Authority and that paragraph (3) of article 14, which was included for the avoidance of doubt, is unnecessary. The necessary amendments to the order to delete this reference will be made at the next convenient opportunity.

25th November 1997


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1998
Prepared 12 January 1998