Joint Committee on Statutory Instruments Thirty-First Report


APPENDIX XII

Memorandum by the Home Office

POLICE ACT 1997 (PROVISIONS IN RELATION TO THE NCIS SERVICE AUTHORITY)
ORDER 1998 (S.I. 1998/633)

(1)  As regards article A2 (interpretation of the Order) —

    (a)  explain what "appointing authority" means; and

    (b)  given that paragraph (4) includes in the expression "local authority" a local authority, police authority, the NCIS Service Authority and the NCS Service Authority —

  (i)    are articles D1(4), D2(1)(b) and D3 respectively intended to authorise any two or more local [government] authorities only, or police authorities only (without the NCIS Service Authority) to discharge functions under the Order jointly, to appoint committees for that purpose and to apportion their joint expenses?

  (ii)  is article K2 intended to authorise local [government] authorities only or police authorities only (without the NCIS Service Authority) to lend staff to each other for the discharge of functions under the Order?

    (a)  "Appointing authority" means one of two or more local authorities which appoint a joint committee under article D2 (as set out in paragraph (1)(b) of that article).

    (b)  (i)    Sections 101 to 103 of the Local Government Act 1972 provide for two or more local authorities, or police authorities, to discharge their functions jointly, to appoint committees for that purpose and to apportion their joint expenses. The provisions of articles D1(4), D2(1)(b) and D3 are therefore intended to enable the NCIS Service Authority and the NCS Service Authority to act jointly with each other and with local [government] authorities and police authorities in discharging their functions. [However, it is accepted that the provisions are wide enough to enable local [government] authorities and police authorities to act jointly without the NCIS Service Authority or NCS Service Authority in discharging their functions under the Order, however, it is not expected that they would need to do so].

        (ii)  Section 113 of the Local Government Act 1972 authorities local [government] authorities and police authorities to lend staff to each other for the discharge of their functions. The intention is that article K2 should enable local [government] authorities and police authorities to lend staff to the NCIS Service Authority and the NCS Service Authority and for the NCIS Service Authority and the NCS Service Authority to lend staff to local [government] authorities, police authorities and each other. [However, it is accepted that the provision is wide enough to enable local [government] authorities and police authorities (without the NCIS Service Authority or NCS Service Authority) to lend staff to each other for the discharge of their functions under the Order, however, it is not expected that they would need to do so].

(2)  Article D1(6) provides that references in articles D1 and D2 to the discharge of any of the functions of the Authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions. Explain why this provision has been included, given that article K1 contains a general provision to that effect.

Article K1 enables the Authority to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions. Article D1(6) defines the discharge of the Authority's functions, for the purposes of articles D1 and D2, to include the exercise of the power in K1. Article D1(6) is equivalent to section 101(12) of the Local Government Act 1972, and article K1 is equivalent to section 111 of that Act.

(3)  Article E7 makes provision for construing references in article E to indirect pecuniary interests of a member of the Authority. Identify those references.

Article E7(7) should have begun "Reference in this Part ......" rather than "References in this article...". This drafting error is regretted and will be corrected at the next opportunity.

(4)  Article G16(1) provides that in determining the amount of a basic credit approval to be issued by the Authority, the Secretary of State may have regard to such factors as appear to him to be appropriate. Ought not the underlined word to have read "to"?

Article G16(1) should have referred to a basic credit approval to be issued to the Authority. This drafting error is regretted and will be corrected at the next opportunity.

(5)  Explain why article G17 (use of credit approvals by the Authority) which is based on section 56(1) of the Local Government and Housing Act 1989, does not include a provision corresponding to section 56(5), which prohibits the making of a determination under subsection (1) after 30 September in the financial year following that in which the Authority defray the expenditure or, as the case may be, enter into or vary the credit arrangement in question. (Compare article G24, which derives from section 63, and includes the similar prohibition contained in subsection (5)).

Article G17 should have included provision corresponding to section 56(5). This omission was an oversight by the draftsman which will be corrected at the next opportunity.

(6)  Article J11(1) provides that where the Secretary of State by regulation made under section 8 of the Local Government and Housing Act 1989 requires the NCS Service Authority to incorporate such provisions as may be prescribed by the regulations in standing orders relating to its staff, the NCIS Service Authority is to be under the same duty in relation to standing orders made by it. Explain —

    (a)  what authorises the Secretary of State to use section 8 of the 1989 Act in respect of the NCS (or NCIS) Service Authority;

    (b)  why the duties imposed on the NCIS Service Authority are imposed by reference to the NCS Service Authority.

(a)&(b)    It is accepted that there is no power for the Secretary of State to make regulations under section 8 of the 1989 Act relating to the NCS (or NCIS) Service Authority and that article J11 is therefore of no effect. Article J11 will be repealed at the next opportunity.

(7)  In article J18(2), ought not the reference to article "E1" to have read "E2"?

In article J18(2) the reference to article "E1" should have read "E2". This error is regretted and will be corrected at the next opportunity.

(8)  In article J20(3), ought not "£500" to have read "£5000"?

In article J20(3) "£500" should have read "£5000". This error is regretted and will be corrected at the next opportunity.

21st April 1998


 
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