The Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 2) Order 1997

Link to law: http://www.legislation.gov.uk/uksi/1997/2391/made/data.htm?wrap=true
Published: 1997-10-03

Statutory Instruments
1997 No. 2391

POLICE
The Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 2) Order 1997

Made
3rd October 1997

Laid before Parliament
10th October 1997

Coming into force
31st October 1997

In exercise of the powers confirmed upon him by section 44 of the Police Act 1997(1), the Secretary of State hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 2) Order 1997 and shall come into force on 31st October 1997.

Interpretation

2.  In this Order “the Authority” means the NCIS Service Authority.

Extraordinary meetings

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 after a requisition for that purpose, signed by five 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 five 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.

Annual meetings

4.  In paragraph 1(2) of the Schedule to the Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 1) Order 1997(2) for the words “or May” there shall be substituted the words “, May or June”.

Disability of members of the Authority for voting on account of interests in contracts, etc.

5.—(1) Subject to article 8 below, if a member of the Authority has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the Authority at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.

(2) If any person fails to comply with the provisions of paragraph (1) above he shall for each offence be liable on summary conviction to a fine not exceeding level 4 on the standard scale unless he proves that he did not know that the contract, proposed contract or other matter in which he has a pecuniary interest was the subject of consideration at the meeting.

(3) A prosecution for an offence under this article shall not be instituted in England and Wales except by or on behalf of the Director of Public Prosecutions.

(4) The Authority may by standing order provide for the exclusion of a member of the Authority from a meeting of the Authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.

(5) The receipt by a member of the Authority of an allowance or other payment under paragraph 17 of Schedule 2 to the Police Act 1997 or his right to receive, or the possibility of his receiving, any such payment shall not be treated as a pecuniary interest for the purposes of this article.

Pecuniary interest for the purposes of article 5

6.—(1) For the purposes of article 5 above, a person shall be treated, subject to the following provisions of this article and to article 8 below, as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if—

(a)he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or

(b)he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration.

(2) Paragraph (1) above does not apply to membership of or employment under any public body, and a member of a company or other body shall not by reason of his membership be treated as having an interest in any contract, proposed contract or other matter if he has no beneficial interest in any securities of that company or other body.

(3) In the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purposes of article 5 above, to be also an interest of the other.

General notices and recording of disclosures for purposes of article 5

7.—(1) A general notice given in writing to the proper officer of the Authority by a member thereof to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the Authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.

(2) The proper officer of the Authority shall record in a book to be kept for the purpose particulars of any disclosure made under article 5 above and of any notice given under this article, and the book shall be open at all reasonable hours to the inspection of any member of the Authority.

Removal or exclusion of disability, etc.

8.—(1) The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by article 5 above in any case in which the number of members of the Authority disabled by that article at any one time would be so great a proportion of the whole as to impede the transaction of business.

(2) The power of the Secretary of State under paragraph (1) above includes the power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member by reason of such interests, and in respect of such matters, as may be specified by the Secretary of State.

(3) Nothing in article 5 above precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the powers conferred by paragraphs (1) and (2) above.

(4) Article 5 above does not apply to an interest in a contract, proposed contract or other matter which a member of the Authority has as a person who is liable to pay an amount in respect of any community charge or in respect of council tax or who would be so liable but for any enactment or anything provided or done under any enactment or as a ratepayer or inhabitant of any area or as an ordinary customer of water, or to an interest in any matter relating to the terms on which a right to participate in any service, including the supply of goods, is offered to the public.

(5) For the purposes of article 5 above a member of the Authority shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of an interest of his in a company, body or person with which he is connected as mentioned in article 6(1) above which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.

(6) Where a member of the Authority has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed £5000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, article 5 above shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice, however, to his duty to disclose his interest.

Interpretation of articles 6, 7 and 8

9.—(1) In articles 6 and 8 above “securities” means—

(a)an investment falling within any of paragraphs 1 to 6 of Schedule 1 to the Financial Services Act 1986 or, so far as relevant to any of those paragraphs, paragraph 11 of that Schedule; or

(b)rights (whether actual or contingent) in respect of money lent to, or deposited with, any society registered under the Industrial and Provident Societies Act 1965(3) or any building society within the meaning of the Building Societies Act 1986(4).

(2) In article 6 above “public body” includes any body established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, the governing body of any university, university college, college or school, the National Trust for Places of Historic Interest or Natural Beauty and the National Trust for Scotland for Places of Historic Interest or Natural Beauty.

(3) In article 7 “proper officer” means the officer appointed by the Authority for that purpose.

Committees and sub-committees

10.—(1) Articles 5 to 9 above shall apply as respects members of a committee or sub-committee of the Authority as they apply in respect of members of the Authority, subject to the following modifications—

(a)references to meetings of any such committee shall be substituted for references to meetings of the Authority; and

(b)in the cases of members of a committee of the Authority or any sub-committee the right of persons who are members of the committee or sub-committee but not members of the Authority to inspect the book kept under article 7(2) above shall be limited to an inspection of the entries in the book relating to the members of the committee or sub-committee.

Business to be transacted at meetings of the Authority

11.  Except in the case of any business required by or under any enactment to be transacted at the annual meeting of the Authority and other business brought before the 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 notice relating thereto.

Member’s interests

12.—(1) Regulations made under section 19 of the Local Government and Housing Act 1989 shall apply to members of the Authority as they apply to members of the National Crime Squad Service Authority(5).

(2) Any member of the Authority who—

(a)without reasonable excuse fails to comply with the requirements of any regulations which apply by virtue of paragraph (1) above; or

(b)in giving a notice in compliance with any such requirement, provides information which he knows to be false or misleading in a material particular or recklessly provides information which is false or misleading in a material particular,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(3) Proceedings for an offence under paragraph (2) above shall not be instituted in England and Wales except by or with the consent of the Director of Public Prosecutions.

(4) Article 7 above shall not apply in relation to any notice given in pursuance of any regulations which apply to members of the Authority by virtue of paragraph (1) above, but—

(a)where such regulations provide that the giving of a notice in pursuance of any such regulations shall be deemed to be sufficient disclosure for the purposes of section 94 of the Local Government Act 1972(6) (disability of members of authorities for voting on account of interest in contracts etc.) or for the purposes of section 38 of the Local Government (Scotland) Act 1973(7), then such disclosure shall also be deemed to be sufficient disclosure for the purposes of article 5 above.

(b)where such regulations prescribe that the proper officer of the Authority is to maintain such records of the information contained in notices given to him as may be prescribed by those regulations and is to keep those records open to inspection by the public, the proper officer of the Authority shall be under the same obligation.

(5) The Authority shall not be entitled (whether by means of making it a condition of any appointment or by any other means whatever) to impose any obligations on their members to disclose any interests other than those that they are required to disclose by virtue of article 5 above or any regulations applied by virtue of paragraph (1) above.

Duty to adopt certain procedural standing orders

13.  Regulations made under section 20 of the Local Government and Housing Act 1989 shall apply to the Authority as they apply to the National Crime Squad Service Authority and shall have effect throughout the United Kingdom in relation to their application to the Authority.

All staff to be appointed on merit

14.—(1) Every appointment of a person to a paid office or employment under the Authority shall be made on merit.

(2) Paragraph (1) above applies to all appointments made by, or by any committee of, the Authority, but has effect subject to—

(a)section 7 of the Sex Discrimination Act 1975(8) (discrimination permitted in relation to employment where sex of employee is a genuine occupational qualification);

(b)section 5 of the Race Relations Act 1976(9) (discrimination permitted in relation to employment where being of a particular racial group is a genuine occupational qualification); and

(c)sections 5 and 6 of the Disability Discrimination Act 1995(10) (meaning of discrimination and duty to make adjustments).

(3) References in this article to a paid office under the Authority do not include references to, or to the office of, the chairman of the Authority.

Commutation of, and interest on, periodic payments of grant, etc.

15.—(1) In any case where, by virtue of any enactment, the Secretary of State has a power or duty to make to the Authority any annual or other periodic payments by way of contribution, grant or subsidy towards expenditure incurred or to be incurred by the Authority, the Secretary of State may determine to commute any such payments into a single payment or into such a number of payments (being less than would otherwise be payable) as he considers appropriate.

(2) Paragraph (1) above applies whether the annual or other periodic payments began, or would otherwise begin, before, on or after the commencement of this order and applies notwithstanding anything in any enactment requiring the payments to be made over a period of twenty years or any other specified period.

(3) A single or other payment falling to be made by virtue of paragraph (1) above is in this article referred to as a “commuted payment” and the calculation of the amount of any commuted payment shall be such as appears to the Secretary of State to be appropriate.

(4) In any case where the amount of any annual or other periodic payment such as is mentioned in paragraph (1) above is, at the commencement of this order, calculated by reference to a rate of interest which varies from time to time, the Secretary of State may substitute a fixed rate of interest.

Acquisition of land by agreement by the Authority

16.—(1) For the purpose of any of its functions under this order or any other enactment the Authority may acquire by agreement any land.

(2) The Authority may acquire by agreement any land for any purpose for which it is authorised by any enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired may be used for the purpose of any of the Authority’s functions.

(3) Where under this article the Authority is authorised to acquire land by agreement, the provisions of Part I of the Compulsory Purchase Act 1965(11) (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word “land” includes any interest in land and any easement or right in, to or over land.

(4) Where the Authority acting with one or more police authorities or the NCS Service Authority would have the power to acquire any land by agreement by virtue of this article, nothing in any enactment shall prevent one of those authorities from acquiring the land on behalf of them both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.

(5) References in the foregoing paragraphs of this article to acquisition by agreement are references to acquisition for money or money’s worth, as purchaser or lessee.

Contracts of the Authority

17.—(1) The Authority may make standing orders with respect to the making of contracts by it or on its behalf.

(2) The Authority shall make standing orders with respect to the making by it or on its behalf of contracts for the supply of goods or materials or the execution of works.

(3) Standing orders made by the Authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the Authority to exempt any contract from any such provision when the Authority is satisfied that the exemption is justified by special circumstances.

(4) A person entering into a contract with the Authority shall not be bound to inquire whether the standing orders of the Authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the Authority.

Authentication of documents

18.—(1) Any notice, order or other document which the Authority is authorised or required by or under any enactment (including this order) to give, make or issue may be signed on behalf of the Authority by the proper officer of the Authority.

(2) Any document purporting to bear the signature of the proper officer of the Authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the Authority, and in this paragraph the word “signature” includes a facsimile of a signature by whatever process reproduced.

(3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to matters dealt with by one of the two foregoing paragraphs, that paragraph shall not apply in relation to that document or class of documents.

(4) In this article, “proper officer” means the officer appointed by the Authority for that purpose.

Alun Michael
Minister of State
Home Office
3rd October 1997

Explanatory Note

(This note is not part of the Order)
This Order makes provision in relation to the NCIS Service Authority. Article 3 makes provision about matters of the kind dealt with in paragraph 3 of Schedule 12 to the Local Government Act 1972 (“the 1972 Act”). Article 4 amends a provision in an earlier order. Articles 5 to 9 make provision about matters of the kind dealt with in sections 94 to 98 of the 1972 Act. Article 10 makes provision about matters of the kind dealt with in section 105 of the 1972 Act. Article 11 makes provision about matters of the kind dealt with in paragraph 4(5) of Schedule 12 to the 1972 Act. Articles 12 and 13 make provision about matters of the kind dealt with in sections 19 and 20 of the Local Government and Housing Act 1989 (“the 1989 Act”). Article 14 makes provision about matters of the kind dealt with in section 7 of the 1989 Act. Article 15 makes provision about matters of the kind dealt with in section 157 of the 1989 Act. Article 16 makes provision about matters of the kind dealt with in section 120 of the 1972 Act. Article 17 makes provision about matters of the kind dealt with in section 135 of the 1972 Act. Article 18 makes provision about matters of the kind dealt with in section 234 of the 1972 Act.


(1)
1997 c. 50.

(2)
S.I. 1997/1585.

(3)
1965 c. 12.

(4)
1986 c. 53.

(5)
Regulations made under sections 19 and 20 of the Local Government and Housing Act 1989 apply to members of the National Crime Squad Service Authority by virtue of paragraph 29 of Schedule 6 to the Police Act 1997.

(6)
1972 c. 70.

(7)
1973 c. 65.

(8)
1975 c. 65.

(9)
1976 c. 74.

(10)
1995 c. 50.

(11)
1965 c. 56.
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