PART II continued
(1) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection of the National Crime Squad under section 54 of the [1996 c. 16.] Police Act 1996.
(2) Where a report made to the Secretary of State on an inspection carried out in accordance with this section states—
(a) that, in the opinion of the person making the report, the National Crime Squad is not efficient or not effective, or
(b) that in his opinion, unless remedial measures are taken, the National Crime Squad will cease to be efficient or will cease to be effective,
the Secretary of State may direct the NCS Service Authority to take such measures as may be specified in the direction.
(1) The Secretary of State may require the NCS Service Authority to submit to him a report on such matters connected with the discharge of the Authority’s functions, or otherwise with the activities of the National Crime Squad, as may be specified in the requirement.
(2) A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.
(3) The Secretary of State may arrange, or require the Authority to arrange, for a report under this section to be published in such manner as appears to him to be appropriate.
(1) The Secretary of State may require the Director General of the National Crime Squad to submit to him a report on such matters connected with the activities of the National Crime Squad as may be specified in the requirement.
(2) A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.
(3) The Secretary of State may arrange, or require the Director General to arrange, for a report under this section to be published in such manner as appears to the Secretary of State to be appropriate.
(4) The Director General shall, as soon as possible after the end of each financial year, submit to the Secretary of State the like report as is required by section 57 to be submitted to the NCS Service Authority.
(1) The Director General of the National Crime Squad shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime as the Secretary of State may require.
(2) The Secretary of State shall cause a consolidated and classified abstract of the information transmitted to him under this section to be included in the abstract laid before Parliament under section 45 of the [1996 c. 16.] Police Act 1996.
(1) The Secretary of State may cause an inquiry to be held by a person appointed by him into any matter connected with the National Crime Squad.
(2) An inquiry under this section shall be held in public or in private as the Secretary of State may direct.
(3) Subsections (2) and (3) of section 250 of the [1972 c. 70.] Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this section as they apply to an inquiry held under that section.
(4) Where the report of the person holding an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Secretary of State so far as appears to him consistent with the public interest.
(5) The Secretary of State may direct that the whole or part of the costs incurred by any person for the purposes of an inquiry held under this section shall be defrayed out of the NCS service fund; and any costs payable under this section shall be subject to taxation in such manner as the Secretary of State may direct.
The Secretary of State may make regulations requiring equipment provided or used for the purposes of the National Crime Squad to satisfy such requirements as to design and performance as may be prescribed in the regulations.
(1) The Secretary of State may make regulations as to the conduct of members of the National Crime Squad and the maintenance of discipline in that Squad.
(2) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
(a) authorise or require provision to be made by, or confer discretionary powers on, the NCS Service Authority, the Director General of the National Crime Squad or other persons, or
(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
(3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Where the Director General of the National Crime Squad, or a police member to whom section 55(2)(a) applies, is dismissed or required to resign by a decision taken under or by virtue of regulations made under section 81, he may appeal to an appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to an appeals tribunal from any decision of that other person as a result of which he is dismissed or required to resign.
(2) Section 85(2) to (5) of, and Schedule 6 to, the [1996 c. 16.] Police Act 1996 (police appeals tribunals) shall apply, subject to such modifications as the Secretary of State may by order prescribe, in relation to an appeals tribunal and an appeal under subsection (1) above as they apply in relation to a police appeals tribunal and an appeal under section 85(1) of that Act.
(3) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Secretary of State shall, by regulations, make provision for the handling of any complaint about the conduct of any member of the National Crime Squad which is submitted by, or on behalf of, a member of the public.
(2) The procedures established by virtue of subsection (1) shall, so far as the Secretary of State thinks it desirable, be procedures corresponding or similar to those established by or by virtue of Chapter I of Part IV of the Police Act 1996 (police complaints), and for that purpose regulations may confer additional functions on the Police Complaints Authority.
(3) The Secretary of State may issue guidance to persons on whom functions are conferred by regulations under this section concerning the performance of their functions under those regulations, and they shall have regard to any such guidance in the performance of those functions.
(4) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The NCS Service Authority in carrying out its duty under section 49(1), and the inspectors of constabulary in carrying out their duties with respect to the efficiency and effectiveness of the National Crime Squad, shall keep themselves informed as to the operation of procedures established under section 83.
(1) The NCS Service Authority shall, after consulting the Director General of the National Crime Squad, make arrangements for obtaining the views of—
(a) police authorities for areas in England and Wales,
(b) the NCIS Service Authority, and
(c) such other persons or bodies as the NCS Service Authority considers appropriate,
about the Authority and the National Crime Squad.
(2) The Director General of the National Crime Squad shall, after consulting the Authority, make arrangements for obtaining the views of—
(a) the chief officers of police of police forces in England and Wales,
(b) the Director General of NCIS, and
(c) such other persons or bodies as the Director General of the National Crime Squad considers appropriate,
about the National Crime Squad.
(3) Arrangements made under subsection (1) or (2) shall be reviewed from time to time.
(4) If it appears to the Secretary of State that arrangements made for consultation by the NCS Service Authority or the Director General under this section are not adequate for the purposes set out in subsection (1) or (2), he may require the Authority or Director General whose duty it is to make the arrangements to submit a report to him concerning the arrangements.
(5) After considering a report submitted under subsection (4), the Secretary of State may require the Authority or Director General who submitted it to review the arrangements and submit a further report to him concerning them.
(6) The Authority or Director General shall be under the same duties to consult when reviewing arrangements as when making them.
(1) The Director General of the National Crime Squad shall be liable in respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.
(2) There shall be paid out of the NCS service fund—
(a) any damages or costs awarded against the Director General in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings, and
(b) any sum required in connection with the settlement of any claim made against the Director General by virtue of this section, if the settlement is approved by the NCS Service Authority.
(3) Any proceedings in respect of a claim made by virtue of this section shall be brought against the Director General of the National Crime Squad for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the Director General; and references in subsections (1) and (2) to the Director General shall be construed accordingly.
(4) The NCS Service Authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the NCS service fund—
(a) any damages or costs awarded against a person to whom this subsection applies in proceedings for a tort committed by that person,
(b) any costs incurred and not recovered by such a person in such proceedings, and
(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
(5) Subsection (4) applies to a person who is—
(a) a member of the National Crime Squad, or
(b) a constable for the time being required to serve with the [1996 c. 16.] National Crime Squad by virtue of section 23 above or section 24 or 98 of the Police Act 1996.
Any person who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of the National Crime Squad within section 55(1)(a) or (b), or induces or attempts to induce, or does any act calculated to induce, any such member to withhold his services, shall be guilty of an offence and liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Schedule 6 (which amends local authority enactments applying to police authorities so as to apply those enactments in a similar way to the NCS Service Authority) shall have effect.
Any power of the Secretary of State to make orders or regulations under this Part shall be exercisable by statutory instrument.
In this Part—
“financial year” means the twelve months ending with 31st March;
“NCIS” means the National Criminal Intelligence Service;
“NCIS Service Authority” means the Service Authority for the National Criminal Intelligence Service;
“NCS Service Authority” has the meaning given in section 47(1);
“NCS service fund” means the fund established under section 61.