Office of Public Sector Information
PART III continued
(1) Where a complainant is notified under paragraph 3(2) of Schedule 7 that no determination in his favour has been made on a complaint, he may, within the period of seven days beginning with the day on which he receives the notice, appeal to the Chief Commissioner against the decision.
(2) Where a complainant appeals under this section, the Chief Commissioner shall have—
(a) all the powers and duties conferred by Schedule 7 on a Commissioner appointed under section 91(1)(b) who is required to investigate a complaint, and
(b) where the Chief Commissioner makes a determination in favour of the complainant by virtue of paragraph (a), all the powers and duties conferred by section 103.
(3) Where, by virtue of subsection (2), the Chief Commissioner makes an order to destroy records under section 103 or directs the payment of compensation under Schedule 7, subsection (8) of that section and paragraph 5(2) of that Schedule shall not apply.
(4) The Chief Commissioner shall make a report of his findings on an appeal under this section—
(a) to the Commissioner who made the decision appealed against, and
(b) where he allows the appeal, to the Prime Minister under section 107(2).
(1) The Chief Commissioner shall keep under review the performance of functions under this Part.
(2) The Chief Commissioner shall make an annual report on the discharge of functions under this Part to the Prime Minister and may at any time report to him on any matter relating to those functions.
(3) The Prime Minister shall lay before each House of Parliament a copy of each annual report made by the Chief Commissioner under subsection (2) together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.
(4) The Prime Minister may exclude a matter from the copy of a report as laid before each House of Parliament, if it appears to him, after consultation with the Chief Commissioner, that the publication of that matter in the report would be prejudicial to the prevention or detection of serious crime or otherwise to the discharge of—
(a) the functions of any police authority,
(b) the functions of the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad, or
(c) the duties of the Commissioners of Customs and Excise.
(5) Any person having functions under this Part, and any person taking action in relation to which an authorisation was given, shall comply with any request of a Commissioner for documents or information required by him for the purpose of enabling him to discharge his functions.
(6) In this section, “serious crime” shall be construed in accordance with section 93(4).
(1) In this Part—
“authorisation” means an authorisation under section 93;
“authorising officer” has the meaning given by section 93(5);
“criminal proceedings” includes—
proceedings in the United Kingdom or elsewhere before a court-martial constituted under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the Act of 1957,
proceedings before the Courts-Martial Appeal Court, and
proceedings before a Standing Civilian Court;
“customs officer” means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the [1979 c. 2.] Customs and Excise Management Act 1979;
“designated deputy” has the meaning given in section 94(4);
“United Kingdom waters” has the meaning given in section 30(5) of the [1996 c. 16.] Police Act 1996; and
“wireless telegraphy” has the same meaning as in the [1949 c. 54.] Wireless Telegraphy Act 1949 and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.
(2) Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.
(3) For the purposes of this Part, an authorisation (or renewal) given—
(a) by the designated deputy of an authorising officer, or
(b) by a person on whom an authorising officer’s powers are conferred by section 94,
shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.
(1) There shall be a body corporate to be known as the Police Information Technology Organisation (“the Organisation”).
(2) Schedule 8 (which makes provision about the Organisation) shall have effect.
(3) The Organisation may carry out activities (including the commissioning of research) relating to information technology equipment and systems for the use of—
(a) police authorities and police forces, and
(b) such other bodies as the Secretary of State may determine by order made by statutory instrument.
(4) The Organisation may also procure or assist in procuring other equipment, systems and services for any body falling within subsection (3)(a) or (b).
(5) Any statutory instrument made by virtue of subsection (3)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) In this Part “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.
(1) In exercising its functions the Organisation shall comply with any general or specific directions given in writing by the Secretary of State.
(2) Before giving directions under subsection (1), the Secretary of State shall consult the Organisation.
(3) The Organisation shall provide the Secretary of State with such information about its activities as he may request.
(1) In this Part, except where the context otherwise requires, “police authority” means—
(a) a police authority for an area in Great Britain or a joint police board (within the meaning of the [1967 c. 77.] Police (Scotland) Act 1967),
(b) the Police Authority for Northern Ireland,
(c) the Service Authority for the National Criminal Intelligence Service, and
(d) the Service Authority for the National Crime Squad.
(2) In this Part, except where the context otherwise requires, “chief officer of police” means—
(a) a chief officer of police of a police force in England and Wales,
(b) a chief constable of a police force in Scotland,
(c) the Chief Constable of the Royal Ulster Constabulary,
(d) the Director General of the National Criminal Intelligence Service, and
(e) the Director General of the National Crime Squad.
(3) In this Part “police force” means—
(a) a police force in Great Britain,
(b) the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve,
(c) the National Criminal Intelligence Service, and
(d) the National Crime Squad.
Police Act 1997