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The Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 1) Order 1997

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1.  This Order may be cited as the Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 1) Order 1997 and shall come into force on 23rd July 1997.

Meetings and proceedings of NCIS Service Authority

2.  The provisions of the Schedule to this Order shall have effect with respect to the meetings and proceedings of the NCIS Service Authority and its committees.

Arrangements for Discharge of Functions

3.—(1) Subject to any express provision in any enactment, the NCIS Service Authority may arrange for the discharge of any of its functions by a committee, a sub-committee or an officer of the Authority.

(2) Where by virtue of this article any functions of the NCIS Service Authority may be discharged by a committee, then, unless the Authority otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the Authority and where by virtue of this article any function of the Authority may be discharged by a sub-committee then, unless the Authority or the committee otherwise directs, the sub-committee may arrange for the discharge of those functions by an officer of the Authority.

(3) Any arrangements made by the NCIS Service Authority or a committee under this article for the discharge of any functions by a committee, sub-committee, or officer shall not prevent the Authority or committee by whom the arrangements were made from exercising those functions.

(4) The NCIS Service Authority’s functions with respect to levying or borrowing money shall be discharged only by the Authority.

(5) References in this article and article 4 below to the discharge of any of the functions of the NCIS Service 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.

(6) The officers who may discharge the functions of the NCIS Service Authority in pursuance of arrangements under paragraphs (1) and (2) above shall include the Director General, his deputy while performing his duties and any civilian officer employed by the Authority.

(7) Where pursuant to arrangements made by virtue of paragraph (6) above—

(a)the Director General, or

(b)the deputy of the Director General

may discharge functions of the NCIS Service Authority, he may himself arrange for the discharge of any of those functions by a member, including a police member, of the National Criminal Intelligence Service.

Appointment of Committees

4.—(1) For the purpose of discharging any functions in pursuance of arrangements made under article 3 above—

(a)the NCIS Service Authority may appoint a committee of the Authority; or

(b)any such committee may appoint one or more sub-committees.

(2) Subject to the provisions of this article, the number of members of a committee appointed under paragraph (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the NCIS Service Authority or, in the case of a sub-committee, by the appointing committee.

(3) The NCIS Service Authority may appoint a committee to advise it on any matter relating to the discharge of its functions, and any such committee may appoint one or more sub-committees to advise the committee with respect to any such matter.

(4) Any committee or sub-committee appointed under paragraph (1) or (3) above may consist only of members of the appointing Authority and shall be appointed for such term as may be determined by the appointing Authority.

(5) Every member of a committee appointed under this article who at the time of his appointment was a member of the NCIS Service Authority shall upon ceasing to be a member of the Authority also cease to be a member of the committee; but for the purposes of this article a member of the Authority shall not be deemed to have ceased to be a member of the Authority by reason of retirement if he has been re-appointed a member thereof not later than the day of his retirement.

Disqualification for Membership of Committee

5.  A person who is employed by the NCIS Service Authority shall be disqualified for being a member of a committee (including a sub-committee) of that Authority, whether the committee is appointed under this Order or under any other enactment.

Standing Orders of Committees

6.  Standing orders may be made as respects any committee of the NCIS Service Authority by that Authority, whether established under this Order or any other enactment, with respect to the quorum, proceedings and place of meeting of the committee (including any sub-committee) but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.

Alun Michael

Minister of State

Home Office

25th June 1997

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