Police Reform Act 2002

Directions to Service Authorities

3(1)For section 30 (power to give directions in response to a report on NCIS carried out in accordance with that section) there shall be substituted—

“30Power to give directions to NCIS Service Authority

(1)Where a report made to the Secretary of State on an inspection under section 54 of the Police Act 1996 (c. 16) or section 41 of the Police (Northern Ireland) Act 1998 (c. 32) states—

(a)that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective, or

(b)that, in that person’s opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken,

the Secretary of State may, after consultation with the Scottish Ministers, direct the NCIS Service Authority to take such remedial measures as may be specified in the direction.

(2)Those remedial measures must not relate to any matter other than—

(a)a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or

(b)a matter that the Secretary of State considers relevant to any matter falling within paragraph (a).

(3)Where a report made to the Scottish Ministers on an inspection under section 33 of the Police (Scotland) Act 1967 (c. 77) states—

(a)that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective, or

(b)that, in that person’s opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken,

the Scottish Ministers may, after consultation with the Secretary of State, direct the NCIS Service Authority to take such remedial measures as may be specified in the direction.

(4)Those remedial measures must not relate to any matter other than—

(a)a matter by reference to which the report contains a statement of opinion falling within subsection (3)(a) or (b); or

(b)a matter that the Scottish Ministers consider relevant to any matter falling within paragraph (a).

(5)If the Secretary of State exercises his power to give a direction under this section—

(a)he shall prepare a report on his exercise of that power; and

(b)he shall lay that report before Parliament.

(6)If the Scottish Ministers exercise their power to give a direction under this section—

(a)they shall prepare a report on their exercise of that power; and

(b)they shall lay that report before the Scottish Parliament.

(7)A report under subsection (5) or (6)—

(a)shall be prepared at such time as the Secretary of State considers or, as the case may be, the Scottish Ministers consider appropriate; and

(b)may relate to more than one exercise of the power to give a direction under this section.”

(2)For section 75 (power to give directions in response to a report on NCS on an inspection carried out in accordance with that section) there shall be substituted—

“75Power to give directions to NCS Service Authority

(1)Where a report made to the Secretary of State on an inspection under section 54 of the Police Act 1996 (c. 16) states—

(a)that, in the opinion of the person making the report, the whole or any part of the National Crime Squad is, whether generally or in particular respects, not efficient or not effective, or

(b)that, in that person’s opinion, the whole or a part of the National Crime Squad will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken,

the Secretary of State may direct the NCS Service Authority to take such remedial measures as may be specified in the direction.

(2)Those remedial measures must not relate to any matter other than—

(a)a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or

(b)a matter that the Secretary of State considers relevant to any matter falling within paragraph (a).

(3)If the Secretary of State exercises his power to give a direction under this section—

(a)he shall prepare a report on his exercise of that power; and

(b)he shall lay that report before Parliament.

(4)A report under subsection (3)—

(a)shall be prepared at such time as the Secretary of State considers appropriate; and

(b)may relate to more than one exercise of the power to give a direction under this section.”