Criminal Justice and Police Act 2001

Director General and other members of NCS

119Appointment of NCS Director General

(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 138(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.

120Removal of NCS members (other than the Director General)

After section 55 of the 1997 Act (members of the National Crime Squad) there shall be inserted—

“55ARemoval of certain members appointed under section 55

(1)Without prejudice to section 66 or to any regulations under section 81 or under the Police Pensions Act 1976 (c. 35), the NCS Service Authority, acting with the approval of the Secretary of State, may call upon a member of the National Crime Squad appointed under section 55 to retire in the interests of efficiency or effectiveness.

(2)Subsection (1) does not apply to any member of the National Crime Squad appointed by the Director General by virtue of section 55(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)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.”

121Removal of NCS Director General etc.

(1)In section 74 of the 1997 Act (removal of Director General at direction of Secretary of State), for subsections (1) to (3) there shall be substituted—

“(1)Without prejudice to section 66 or to any regulations under section 81 or under the Police Pensions Act 1976 (c. 35), the Secretary of State may—

(a)call upon the Director General of the National Crime Squad to retire in the interests of efficiency or effectiveness, or

(b)require the NCS Service Authority to exercise its power under section 55A to call upon a member of the National Crime Squad (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, and

(b)consider any representations that he makes.

(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.”