Office of Public Sector Information

Section 44(1).

SCHEDULE 4 Subject-Matter of Orders About NCIS Service Authority

The enactments referred to in section 44 are—

(a) in the [1972 c. 70.] Local Government Act 1972—

(i) sections 94 to 98 (restrictions on voting);

(ii) section 99 and Schedule 12 (meetings and proceedings);

(iii) Part VA (regulation of access to meetings and documents)

(iv) Part VI (discharge of functions by local authorities);

(v) section 111 (subsidiary powers of local authorities);

(vi) sections 113 to 119 (provision regarding officers of local authorities);

(vii) sections 120 (except subsection (1)(b)), 121, 123 and 128 to 131 (land transactions);

(viii) section 135 (making of contracts);

(ix) section 136 (contribution towards expenditure on concurrent functions);

(x) section 140 (personal injury insurance in respect of members);

(xi) section 143 (subscription to local government associations);

(xii) section 223 (appearance of local authorities in legal proceedings);

(xiii) sections 228 and 229 (inspection of documents and status of photocopies);

(xiv) sections 231 to 234 (notices);

(b) Part III of the [1974 c. 7.] Local Government Act 1974 (investigation of complaints about maladministration etc.);

(c) in the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976—

(i) sections 13 to 16 and 29 (land);

(ii) section 30 (power to forgo repayment of advances of remuneration paid to deceased employees);

(iii) section 38 (use of spare capacity of computers);

(iv) section 39 (personal liability insurance);

(v) section 41 (evidence of resolutions and minutes of proceedings);

(d) in the [1980 c. 65.] Local Government, Planning and Land Act 1980—

(i) Part III (direct labour organisations); and

(ii) Part X (land held by public bodies);

(e) in the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982—

(i) section 33 (covenants relating to land);

(ii) section 41 (lost and uncollected property);

(f) Part III of the [1982 c. 32.] Local Government Finance Act 1982 (accounts and audit);

(g) in the [1986 c. 10.] Local Government Act 1986—

(i) Part II (local authority publicity);

(ii) Part III (transfer of local authority mortgages);

(h) in the [1988 c. 9.] Local Government Act 1988—

(i) Part I (competition);

(ii) Part II (public supply or works contracts);

(i) Part VIII of the [1988 c. 41.] Local Government Finance Act 1988 (financial administration);

(j) in the [1989 c. 42.] Local Government and Housing Act 1989—

(i) Part I (local authority members, officers, staff and committees, etc.);

(ii) Part IV (revenue accounts and capital finance);

(iii) Part V (companies in which local authorities have interests);

(iv) section 155 (emergency financial assistance to local authorities);

(v) section 157 (commutation of, and interest on, periodic payments of grants, etc).

Section 62(6).

SCHEDULE 5 Levies Issued by NCS Service Authority

Decisions of Service Authority

1 (1) Where an order under section 62 requires the NCS Service Authority to determine the total amount of the levies which it proposes to issue under that section for any financial year, that determination shall not be made except by a decision which—

(a) is made only by independent members and police authority members of the Authority, and

(b) complies with sub-paragraphs (2) and (3).

(2) A decision complies with this sub-paragraph only if a majority of the members making the decision (whether or not approving it) are police authority members of the Authority.

(3) A decision complies with this sub-paragraph only if the members approving it include more than half of the independent members and more than half of the police authority members of the Authority at the time of the decision.

(4) Before making such a determination as is mentioned in sub-paragraph (1) in respect of any financial year, the independent members and police authority members of the Authority shall take account of—

(a) the expenditure which the Director General of the National Crime Squad estimates will be incurred in connection with the Squad in the year,

(b) any income which it is estimated will be received by way of charges imposed by the NCS Service Authority under section 64, or otherwise, in the year,

(c) the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,

(d) the current and proposed level of borrowing of the Authority,

(e) the views of all members of the Authority, and

(f) such other matters as may be prescribed.

(5) In this paragraph “independent members” means members of the Authority appointed by the Secretary of State under paragraph 2 or 10(1)(a) of Schedule 1.

(6) In this paragraph “police authority members” means members appointed—

(a) by the local authority members of police authorities for areas in England and Wales (as defined by paragraph 14 of Schedule 1), or

(b) by the Secretary of State under paragraph 5 of that Schedule.

Approval by Secretary of State

2 (1) Subject to paragraph 3, a levy shall not be issued by the NCS Service Authority under section 62 in respect of a financial year, unless the Secretary of State has notified the Authority in writing that he approves the total amount of the levies the Authority proposes to issue for that year.

(2) Where the Secretary of State gives an approval under sub-paragraph (1), levies shall not be issued by the Authority in respect of the financial year concerned in excess of the amount so approved.

(3) Before deciding whether to give an approval under sub-paragraph (1), the Secretary of State shall consult—

(a) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales, and

(b) persons whom he considers to represent the interests of police authorities for areas in England and Wales.

(4) The Secretary of State shall give a copy of any notice sent to the Authority under sub-paragraph (1) to—

(a) each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(b) the Receiver for the Metropolitan Police District.

Directions

3 (1) Where the Secretary of State does not approve, under paragraph 2, the total amount of the levies the Authority proposes to issue for a financial year—

(a) he shall notify the Authority of his decision, and

(b) he may direct the Authority to issue such levies under section 62 for that year as he considers appropriate.

(2) Where the NCS Service Authority does not, within the prescribed period, make a determination of the total amount of levies it proposes to issue under section 62 in respect of a financial year, the Secretary of State may direct the Authority to issue, under that section, such levies as he considers appropriate.

(3) The Authority shall provide the Secretary of State with such information as he may require to enable him to give a direction under this paragraph.

(4) Before giving a direction under this paragraph, the Secretary of State may take into account any matter he considers relevant.

(5) A direction under this paragraph shall be in writing.

(6) The Secretary of State shall send a copy of any direction under this paragraph to—

(a) each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(b) the Receiver for the Metropolitan Police District.

Notices

4 (1) The NCS Service Authority shall, within the prescribed period, give notice of any levy to be issued under section 62 to—

(a) the Secretary of State,

(b) each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(c) the Receiver for the Metropolitan Police District.

(2) A notice under this paragraph shall contain such information as may be prescribed.

Interpretation

5 In this Schedule “prescribed” means prescribed by an order under section 62.