Police Reform Act 2002

88Regulations for NCIS

(1)After section 34 of the 1997 Act there shall be inserted—

“34ARegulations for NCIS

(1)Subject to the provisions of this section, the Secretary of State may make regulations as to the government and administration of NCIS and conditions of service with NCIS.

(2)Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—

(a)the ranks to be held by police members of NCIS;

(b)the promotion of police members of NCIS;

(c)voluntary retirement of police members of NCIS;

(d)the efficiency and effectiveness of police members of NCIS;

(e)the suspension of police members of NCIS from membership of NCIS and from their office as constable;

(f)the maintenance of personal records of members of NCIS;

(g)the duties which are or are not to be performed by police members of NCIS;

(h)the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996;

(i)the hours of duty, leave, pay and allowances of police members of NCIS; and

(j)the issue, use and return of—

(i)personal equipment and accoutrements; and

(ii)police clothing.

(3)Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

(4)Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

(5)Regulations under this section may make different provision for different cases and circumstances.

(6)Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Before making any regulations under this section, the Secretary of State shall consult the Scottish Ministers.”

(2)In section 37 of the 1997 Act (discipline regulations for NCIS), after subsection (2) there shall be inserted—

“(2A)Without prejudice to the generality of the other powers conferred by this section, regulations under this section may make provision—

(a)for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the Independent Police Complaints Commission;

(b)for conferring a right to participate in, or to be present at, disciplinary proceedings on such persons as may be specified or described in the regulations;

(c)as to the representation of persons subject to disciplinary proceedings; and

(d)for section 34 of the Criminal Justice and Public Order Act 1994 (c. 33) (inferences to be drawn from a failure to mention a fact when questioned or charged) to apply, with such modifications and in such cases as may be provided for in the regulations, to disciplinary proceedings.

(2B)In subsection (2A) “disciplinary proceedings” means any proceedings under any regulations made under subsection (1) which—

(a)are conducted in England and Wales; and

(b)are identified as disciplinary proceedings by those regulations.”

(3)In section 38 of the 1997 Act (appeals against decisions in disciplinary proceedings), in subsection (1), for the words “or required to resign”, in both places where they occur, there shall be substituted “, required to resign or reduced in rank”.