The Police Act 1997 (Provisions in relation to the NCIS Service Authority) Order 1998

• (b) to comply with any direction under this article with respect to the list maintained by the Authority; and

• (c) on being given a direction by virtue of paragraph (2)(b) above, to notify the terms of the direction to the holder for the time being of the post to which the direction relates.

• (7) It shall be the duty of a person appointed under section 3 of the 1989 Act, in carrying out his functions under this article, to give priority, according to the time available before the election, to any application made by virtue of paragraph (2)(a) above by a person who certifies that it is made for the purpose of enabling him to be a candidate in a forthcoming election.

Designation and reports of head of paid service

J8

• (1) It shall be the duty of the Authority—

• (a) to designate one of its officers as the head of its paid service; and

• (b) to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow his duties under this article to be performed.

• (2) It shall be the duty of the head of the Authority’s paid service, where he considers it appropriate to do so in respect of any proposals of his with respect to any of the matters specified in paragraph (3) below, to prepare a report to the Authority setting out his proposals.

• (3) Those matters are—

• (a) the manner in which the discharge by the Authority of its different functions is co-ordinated;

• (b) the number and grades of staff required by the Authority for the discharge of its functions;

• (c) the organisation of the Authority’s staff; and

• (d) the appointment and proper management of the Authority’s staff.

• (4) It shall be the duty of the head of the Authority’s paid service, as soon as practicable after he has prepared a report under this article, to arrange for a copy of it to be sent to each member of the Authority.

• (5) It shall be the duty of the Authority to consider any report under this article by the head of its paid service at a meeting held not more than three months after copies of the report are first sent to members of the Authority; and nothing in article D1 above shall apply to the duty imposed by virtue of this paragraph.

Designation and reports of monitoring officer

J9

• (1) It shall be the duty of the Authority—

• (a) to designate one of its officers (to be known as “the monitoring officer”) as the officer responsible for performing the duties imposed by this article, and

• (b) to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow those duties to be performed,

and the officer so designated may be the head of the Authority’s paid service or the clerk to the Authority but shall not be its chief finance officer.

• (2) It shall be the duty of the Authority’s monitoring officer, if it at any time appears to him that any proposal, decision or omission by the Authority, by any committee of the Authority or by any person holding any office or employment under the Authority constitutes, has given rise to or is likely to or would give rise to—

• (a) a contravention by the Authority, by any committee of the Authority or by any person holding any office or employment under the Authority of any enactment or rule of law or of any code of practice made or approved by or under any enactment; or

• (b) any such maladministration or injustice as is mentioned in Part III of the Local Government Act 1974²³, as applied by Part L below,

to prepare a report to the Authority with respect to that proposal, decision or omission.

• (3) It shall be the duty of the Authority’s monitoring officer—

• (a) in preparing a report under this article to consult so far as practicable with the person who is for the time being designated the head of the Authority’s paid service under article 58 above and with its chief finance officer; and

• (b) as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the Authority.

• (4) It shall be the duty of the Authority—

• (a) to consider any report under this article by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the Authority; and

• (b) without prejudice to any duty imposed by virtue of article F4 above (Authority’s duties as regards reports) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report; and nothing in article D1 shall apply to the duty imposed by virtue of sub-paragraph (a) above.

• (5) For the purposes of sub-paragraph (b) of paragraph (5) above the implementation of a proposal or decision to which a report under this article relates shall be suspended in consequence of the report until the end of the first business day after the day on which consideration of that report under sub-paragaph (a) of that paragraph is concluded.

• (6) The duties of the Authority’s monitoring officer under this article shall be performed by him personally or, where he is unable to act owing to absence or illness, personally by such member of his staff as he has for the time being nominated as his deputy for the purposes of this article.

• (7) In this article “chief finance officer”, in relation to the Authority, means the officer having responsibility, for the purposes of article Fl, for the administration of the Authority’s financial affairs.

All staff to be appointed on merit

J10

• (1) Every appointment of a person to a paid office or employment under the Authority shall be made on merit.

• (2) Paragraph (1) above applies to all appointments made by, or by any committee or sub-committee of, the Authority but has effect subject to—

• (a) section 7 of the Sex Discrimination Act 1975²⁴ (discrimination permitted in relation to employment where sex of employee is a genuine occupational qualification);

• (b) section 5 of the Race Relations Act 1976²⁵ (discrimination permitted in relation to employment where being of a particular racial group is a genuine occupational qualification);

• (c) sections 5 and 6 of the Disability Discrimination Act 1995²⁶ (meaning of discrimination and duty to make adjustments); and

• (d) article F2 above (qualifications of responsible officer).

Duty to adopt standing orders with respect to staff

J11

• (1) Where the Secretary of State by regulations made under section 8 of the 1989 Act requires the NCS Service Authority for the purposes of that Act—

• (a) to incorporate such provisions as may be prescribed by the regulations in standing orders relating to its staff; and

• (b) to make or refrain from making such other modifications of any such standing orders as may be so prescribed,

the Authority shall be under the same duties in relation to standing orders made by it under this Order.

• (2) For the purposes of this article standing orders relate to the staff of the Authority if they make provision for regulating—

• (a) the appointment of persons to paid office or employment under the Authority; or

• (b) the dismissal of persons holding such office or employment and the taking of other disciplinary action against such persons.

Limit on paid leave for local authority duties

J12

• (1) Notwithstanding anything in subsection (4) of section 50 of the Employment Rights Act 1996²⁷ (conditions of time off for public duties), where—

• (a) the Authority permits an employee of it to take time off for the purpose of peforming the duties of a member of a relevant council; and

• (b) those duties do not include the duties of chairman of the council,

it shall be unlawful for the Authority to make any payment of remuneration or other payment to that employee in respect of so much (if any) of any time off for that purpose as is in excess of two hundred and eight hours in any one financial year and is time off to which the employee would not be entitled apart from his membership of that council.

• (2) In this article—

• “chairman” in relation to a relevant council, includes any corresponding office the holder of which is referred to as mayor or Lord Mayor or by any other description;

• “employee” has the same meaning as in the Employment Rights Act 1996;

• “relevant council” means the council of any county, district or London borough, the Common Council of the City of London, a parish or community council or any council in Scotland which is a local authority for the purposes of section 50 of the Employment Rights Act 1996 (time off for public duties);

and paragraph (3) of section 50 of the Employment Rights Act 1996 (meaning of duties of a member of a body) shall apply for the purposes of this article as it applies for the purposes of that section.

Confidentiality of staff records

J13

• (1) Nothing in this Order shall entitle any person—

• (a) to inspect so much of any document as contains personal information about a member of the Authority’s staff; or

• (b) to require any such information to be disclosed in answer to any question.

• (2) Information shall be regarded as personal information about a member of the Authority’s staff if it relates specifically to a particular individual and is available to that body for reasons connected with the fact—

• (a) that that individual holds or has held any office or employment under the Authority; or

• (b) that payments or other benefits in respect of any office or employment under any other person are or have been made or provided to that individual by the Authority.

• (3) In this article “document” includes accounts, books, deeds, contracts, bills, vouchers and receipts; and references in this article to a payment made or benefit provided to an individual in respect of any office or employment include references to a payment made or benefit provided to him in respect of his ceasing to hold the office or employment.

Power to forgo repayment on advances of remuneration paid to deceased employees

J14

• (1) If a person in the employment of the Authority—

• (a) receives from the Authority remuneration in respect of a future period on the assumption that he will be employed in that employment throughout that period; and

• (b) dies before the expiration of that period,

the Authority may, subject to the following paragraph, forgo the repayment of so much of the remuneration as relates to the period after his death.

• (2) The Authority shall not be entitled to forgo such a repayment in respect of a period after the relevant death if—

• (a) a pension is payable for that period in respect of the deceased out of money provided by Parliament or out of a fund which is maintained by the Authority or into which contributions have been paid by the Authority in respect of service of the deceased; and

• (b) the rate of the pension is not less than the rate of relevant remuneration which was received by the deceased for his last year of service in the employment in question or, if relevant remuneration at different rates was received by him for that year, is not less than the highest of those rates;

and in sub-paragraph (b) of this paragraph “relevant remuneration”, in relation to a deceased person and a year, mean remuneration which would have fallen to be taken into account in respect of that year in calculating a retirement pension payable to him in respect of the employment in question on his attaining pensionable age and being granted such a retirement pension.

• (3) For the purposes of this article a member of NCIS within section 9(1)(a) or (b) of the Police Act 1997 shall be treated as employed by the Authority and references to employment shall be construed accordingly.

Security to be taken in relation to officers

J15

• (1) The Authority shall, in the case of an officer employed by it, whether under this Order or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may in the case of any other officer employed by it, take such security, for the faithful execution of his office and for his duly accounting for all money or property which may be entrusted to him, as the Authority considers sufficient.

• (2) The Authority may, in the case of a person not employed by it but who is likely to be entrusted with the custody or control of money or property belonging to the Authority, take such security as it thinks sufficient for the person duly accounting for all such money or property.

• (3) The Authority shall defray the cost of any security taken under this article, and every such security shall be produced to the auditor at the audit of the accounts of the Authority.

Accountability of officers

J16

• (1) Every officer employed by the Authority shall at such times during the continuance of his office or within three months after ceasing to hold it, and in such manner as the Authority directs, make out and deliver to the Authority, or in accordance with its directions, a true account in writing of all money and property committed to his charge, and of his receipts and payments, with vouchers and other documents and records supporting the entries therein, and a list of persons from whom or to whom money is due in connection with his office, showing the amount due from or to each.

• (2) Every such officer shall pay all money due from him to the proper officer of the Authority or in accordance with its directions.

Members of the Authority not to be appointed as officers

J17

A person shall, so long as he is, and for twelve months after he ceases to be, a member of the Authority, be disqualified for being appointed by the Authority to any paid office.

Disclosure by officers of interest in contracts

J18

• (1) If it comes to the knowledge of an officer employed, by the Authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the Authority or any committee thereof, he shall as soon as practicable give notice in writing to the Authority of the fact that he is interested therein.

• (2) For the purposes of this article an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of article E1 above had he been a member of the Authority.

• (3) An officer of the Authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.

• (4) Any person who contravenes the provisions of paragraphs (1) to (3) above shall be liable on summary conviction to a fine not exceeding level 4 of the standard scale.

Payment of salary etc. due to mentally disordered person

J19

• (1) Subject to the provisions of this article, the power of the Authority to pay remuneration to its officers shall include power, where the Authority is satisfied after considering medical evidence that the person to whom, apart from this article, any sum to which this article applies is payable (hereafter in this article referred to as “the patient”) is incapable, by reason of mental disorder within the meaning of the Mental Health Act 1983²⁸, of managing and administering his property and affairs, to pay that sum or such part thereof as the Authority think fit to the institution or person having the care of the patient to be applied for his benefit and to pay the remainder, if any, or such part thereof as the Authority think fit—

• (a) to or for the benefit of persons who appear to the Authority to be members of the patient’s family or other persons for whom the patient might be expected to provide if he were not mentally disordered; or

• (b) in reimbursement, with or without interests, of money applied by any person either in payment of the patient’s debts (whether legally enforceable or not) or for the maintenance or other benefit of the patient or such persons as are mentioned in the foregoing sub-paragraph.

• (2) This article applies to any sum payable by the Authority to an officer or pensioner of the Authority, or to the widow or widower or a child of a deceased officer or pensioner thereof, by way of remuneration, pension, superannuation or other allowance, gratuity or annuity, or by way of repayment (with or without interest) of contribution made to any superannuation or other fund; and in this paragraph the expression “pensioner” includes a person entitled to any pecuniary benefit under any enactment or scheme for the establishment of a superannuation fund or a superannuation and provident fund administered by the Authority.

• (3) The Authority shall not in exercise of the powers conferred by paragraph (1) above apply in any year in respect of any one person more than &1,500. i

• (4) Before exercising its powers under this article in relation to any patient the Authority shall give to the authority having jurisdiction under Part VII of the said Act of 1983 notice in writing of their intention so to do, specifying the name and address of the patient and the amount and nature of the sums in respect of which the Authority intend to exercise those powers, and the Authority shall, at the same time, give notice in writing to the patient in a form approved by the authority having jurisdiction as aforesaid; and, except with the approval of the authority having jurisdiction as aforesaid, the Authority shall not make the first payment under this article in relation to that patient before the expiration of the period of fourteen days beginning with the date of the service of the notice.

• (5) If at any time the authority having jurisdiction as aforesaid gives to the Authority notice in writing that the first-mentioned authority objects to the exercise by the Authority of its said powers in relation to any patient, those powers shall, as from the date of the receipt by the Authority of the notice, cease to be exercisable by the Authority in relation to the patient unless and until the first-mentioned authority withdraws the notice.

• (6) The Authority shall be discharged from all liability in respect of any payment or application of money effected by the Authority in exercise of its powers under this article.

Payments due to deceased officers

J20

• (1) If, on the death of any person who is or has been an officer of the Authority, there is due to him or his legal personal representatives from the Authority a sum not exceeding £5,000 and not being a pension, allowance or gratuity payable by virtue of section 7 of the Superannuation Act 1972²⁹, the Authority may, without requiring the production of probate or letters of administration of the estate of the officer, pay the whole or any part of that sum to the officer’s personal representatives or to the person, or to or among any one or more of any persons, appearing to the Authority to be beneficially entitled to the estate of the officer, and any person to whom such a payment is made, and not the Authority, shall be liable to account for the sum paid to him under this paragraph.

• (2) The Authority may, if it thinks fit, pay out of the said sum the funeral expenses of the officer or so much thereof as it considers reasonable.

• (3) Paragraph (1) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965³⁰, substituting for the references to £500 references to such higher amount as may be specified in the order.

PART K — MISCELLANEOUS POWERS

Subsidiary powers of the Authority

K1

• (1) Without prejudice to any powers exercisable apart from this article but subject to the provisions of this Order and any other enactment passed before or after this Order, the Authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquistion or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

• (2) The Authority shall not by virtue of this article raise money, whether by means of levying or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.

Placing of staff of a local authority at disposal of other local authorities

K2

• (1) Without prejudice to any powers exercisable apart from this article, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of its functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

• (2) For superannuation purposes service rendered by an officer of an authority whose services are placed at the disposal of another authority in pursuance of this article is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of a local authorities' functions as an officer of that authority.

Contracts of the Authority

K3

• (1) The Authority may make standing orders with respect to the making of contracts by it or on its behalf.

• (2) The Authority shall make standing orders with respect to the making by it or on its behalf of contracts for the supply of goods or materials or for the execution of works.

• (3) Standing orders made by the Authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provison contracts for a price below that specified in standing orders and may authorise the Authority to exempt any contract from any such provision when the Authority is satisfied that the exemption is justified by special circumstances.

• (4) A person entering into a contract with the Authority shall not be bound to inquire whether the standing orders of the Authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or behalf of the Authority.

Insurance by the Authority against accidents to members

K4

• (1) The Authority may enter into a contract of insurance of Class 1 in Part 1 of Schedule 2 to the Insurance Companies Act 1982³¹ against risks of any member of the Authority meeting with a personal accident, whether fatal or not, while engaged on the business of the Authority.

• (2) Any sum received by the Authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by it to, or to the general representatives of, the member of the Authority in respect of an accident to whom that sum is received.

• (3) The provisions of the Life Assurance Act 1774³² shall not apply to any such contract.

• (4) In this article the expression “member of the Authority” includes a member of a committee of the Authority who is not a member of that Authority.

Subscriptions to local government associations

K5

The Authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—

• (a) of any association of local authorities or police authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or

• (b) of any association of officers or members of local authorities or police authorities which was so formed.

Appearance of the Authority in legal proceedings

K6

Any member or officer of the Authority who is authorised by the Authority to prosecute or defend on its behalf, or to appear on its behalf in, proceedings before a magistrates' court shall be entitled to prosecute or defend or to appear in any such proceedings, and, notwithstanding anything contained in the Solicitors Act 1974³³, to conduct any such proceedings although he is not a solicitor holding a current practising certificate.

Inspection of documents

K7

• (1) Any member of the public may inspect and make a copy of or extract from an order for the payment of money made by the Authority.

• (2) The accounts of the Authority and of any proper officer of the Authority shall be open to the inspection of any member of the Authority, and any such member may make a copy of or extract from the accounts.

• (3) A document directed by this article to be open to inspection shall be so open at all reasonable hours and, except where otherwise expressly provided, without payment.

• (4) If a person having the custody of any such document—

• (a) obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract, or

• (b) refuses to give copies or extracts to any person entitled to obtain copies or extracts,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Photographic copies of documents

K8

• (1) Subject to paragraph (6) below, any requirement imposed by any enactment that the Authority shall keep a document of any description shall be satisfied by its keeping a photographic copy of the document.

• (2) Subject to paragraph (6) below, any requirement imposed by an enactment that a document of any description in the custody or under the control of the Authority shall be made available for inspection shall be satisfied by it making available for inspection a photographic copy of the document.

• (3) In legal proceedings a photographic copy of a document in the custody of the Authority, or of a document which has been destroyed while in the custody of the Authority, or of any part of any such document, shall, subject to paragraph (5) below, be admissible in evidence to the like extent as the original.

• (4) A certificate purporting to be signed by the proper officer of the Authority that a document is such a photographic copy as is mentioned in paragraph (3) above, shall, subject to paragraph (6) below, be evidence to that effect.

• (5) The court before which a photographic copy is tendered in evidence in pursuance of paragraph (3) above may, if the original is in existence, require its production and thereupon that paragraph shall not apply to the copy.

• (6) A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purpose of this article unless it so distinguishes between the colours as to enable the document to be interpreted.

• (7) In this article “court” and “legal proceedings” have the same meanings as in the Civil Evidence Act 1968³⁴.

Service of notices on the Authority etc.

K9

• (1) Subject to paragraph (2) below, any notice, order or other document required or authorised by any enactment to be given to or served on the Authority or the chairman or an officer of the Authority shall be given or served by addressing it to the Authority and leaving it at, or sending it by post to, the principal office of the Authority or any other office of the Authority specified by it as one at which it will accept documents of the same description as that document.

• (2) Paragraph (1) above does not apply to a document which is to be given or served in any proceedings in court, but except as aforesaid the methods of giving or serving documents provided for by that provision are in substitution for the methods provided for by any other enactment so far as it relates to the giving or service of documents to or on the Authority, the chairman or an officer of the Authority.

Public notices

K10

Save as otherwise expressly provided, a public notice required to be given by the Authority shall be given in such manner as appears to the Authority to be desirable for giving publicity to the notice.

Service of notices by the Authority

K11

• (1) Paragraphs (2) to (5) below shall have effect in relation to any notice, order or other document required or authorised by or under any enactment to be given to or served on any person by or on behalf of the Authority or by an officer of the Authority.

• (2) Any such document may be given to or served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

• (3) Any such document may—

• (a) in the case of a body corporate, be given to or served on the secretary or clerk of that body;

• (b) in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.

• (4) For the purpose of this article and of section 27 of the Interpretation Act 1978³⁵ (service of documents by post) in its application to this article, the proper address of any person to or on whom a document is to be given or served shall be his last known address, except that—

• (a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;

• (b) in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.

• (5) If the person to be given or served with any document mentioned in paragraph (1) above has specified an address within the United Kingdom other than his proper address within the meaning of paragraph (4) above as the one at which he or someone on his behalf will accept documents of the same description, as that document, that address shall also be treated for the purpose of this article and section 27 of the Interpretation Act 1978 as his proper address.

• (6) If the name or address of any owner, lessee or occupier of land to or on whom any document mentioned in paragraph (1) above is to be given or served cannot after reasonable inquiry be ascertained, the document may be given or served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

• (7) The foregoing provisions of this article do not apply to a document which is to be given or served in any proceedings in court.

• (8) Except as aforesaid and subject to any provision of any enactment or instrument excluding the foregoing provisions of this article, the methods of giving or serving documents which are available under those provisions are in addition to the methods which are available under any other enactment or any instrument made under any enactment.

Authentication of documents

K12

• (1) Any notice, order or other document which the Authority is authorised or required by or under any enactment to give, make or issue may be signed on behalf of the Authority by the proper officer of the Authority.

• (2) Any document purporting to bear the signature of the proper officer of the Authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the Authority.

• (3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing paragraphs, that paragraph shall not apply in relation to that document or class of documents.

• (4) In paragraph (2) the word “signature” includes a facsimile of a signature by whatever process reproduced.

Lost and uncollected property

K13

• (1) This article has effect where—

• (a) property comes into the possession of the Authority after being found on buildings or premises owned or managed by it; or

• (b) property which has been deposited with the Authority is not collected from it in accordance with the terms under which it was deposited.

• (2) Where—

• (a) property is found on any building or premises owned or managed by the Authority;

• (b) it is subsequently handed over to the Authority,

any right of possession of the property which was vested in a person by virtue of its having been found is extinguished.

• (3) If—

• (a) the Authority gives the owner or, as the case may be, the depositor of the property notice in writing—

• (i) that it requires him to collect the property by a date specified in the notice; and

• (ii) that if he does not do so the property will vest in the Authority on that date; and

• (b) if he fails to comply with the notice,

the property shall vest in the Authority on the specified date.

• (4) The date to be specified in a notice under paragraph (3) above shall be not less than one month from the date of the notice.

• (5) Where it appears to the Authority, on the date when property comes into its possession as mentioned in sub-paragraph (a) of paragraph (1) above, that it is impossible to serve a notice under paragraph (3) above, the property shall vest in the Authority one month from that date.

• (6) Where the Authority is satisfied after reasonable inquiry that it is impossible to serve a notice under paragraph (3) above in relation to any property it shall vest in it six months from the relevant date.

• (7) Where—

• (a) any property is of a perishable nature; or

• (b) to look after it adequately would involve the Authority in unreasonable expense or inconvenience,

the Authority may sell or otherwise dispose of it at such time and in such manner as it thinks fit.

• (8) Where property is sold or otherwise disposed of under paragraph (7) above—

• (a) any person to whom the property is transferred shall have a good title to it; and

• (b) any proceeds of sale shall vest in the Authority on the day when the property would have vested in it under this article if it had not been sold.

• (9) Where any property which came into the possession of the Authority as mentioned in paragraph (1)(a) above vests in the Authority under this article, the Authority may give the whole or any part of the property to the person through whom it came into its possession.

• (10) Where the proceeds of sale of property which came into the possession of the Authority as mentioned in paragraph (1)(a) above vest in the Authority under this article, the Authority may make a payment not exceeding the value of the property to the person through whom it came into its possession.

• (11) Where property is claimed by its owner or depositor before it vests in the Authority under this article, he may collect it on payment to the Authority of any sum which it requires him to pay in respect of costs incurred by it—

• (a) in making inquiries for the purposes of this article or serving any notice under paragraph (3) above; and

• (b) in looking after the property adequately.

• (12) In this article “the relevant date” means—

• (a) in relation to property which came into the possession of the Authority as mentioned in paragraph (1)(a) above, the date when it came into its possession; and

• (b) in relation to uncollected property,—

• (i) the date when the Authority accepted custody of it; or

• (ii) the date when the period for which it was deposited with it expired, whichever is the later.

Emergency financial assistance to the Authority

K14

• (1) In any case where—

• (a) an emergency or disaster occurs involving destruction of or danger to life or property, and

• (b) as a result, the Authority incurs expenditure on, or in connection with, the taking of immediate action (whether by the carrying out of works or otherwise) to safeguard life or property, or to prevent suffering or severe inconvenience,

the Secretary of State may establish a scheme under this article for the giving of financial assistance to the Authority in respect of that expenditure.

• (2) Financial assistance given pursuant to a scheme under this article shall take the form of grants paid by the Secretary of State with the consent of the Treasury and, subject to that, the terms and conditions of a scheme shall be such as the Secretary of State considers appropriate to the circumstances of the particular emergency or disaster concerned.

• (3) Without prejudice to the generality of paragraph (2) above, a scheme under this article may —

• (a) make the payments of grants conditional upon the making of claims of a description specified in the scheme;

• (b) make provision with respect to the expenditure qualifying for grant and the rates and amounts of grants; and

• (c) make provision in certain specified circumstances for the repayment of any grant, in whole or in part.

Use of spare capacity of computers of the Authority

K15

• (1) If the Authority—

• (a) has provided a computer for the purpose of enabling the Authority to perform any of its functions other than functions under this article; and

• (b) considers that the computer can, without detriment to its use for that purpose, be used for the benefit of the Authority in pursuance of the following provisions of this article,

the Authority may enter into agreements with other persons for the provision by the Authority of facilities for using the computer or of services provided by means of the computer.

• (2) An agreement in pursuance of this article may contain such terms as to payment or otherwise as the parties consider appropriate; and it shall be the duty of the Authority, in settling the terms of such an agreement, to ensure that they are terms on which the Authority considers that a person other than the Authority could reasonably be expected to provide the facilities or services in question.

• (3) In this article “computer” means any device for storing and processing information.

PART L — COMMISSION FOR LOCAL ADMINISTRATION

L

Part III of the Local Government Act 1974 shall apply to the Authority as if it were a body listed in section 25 of that Act (authorities subject to investigation), and for the purposes of the application of that Part—

• (a) references in that Part to an authority shall be construed as references to the Authority; and

• (b) references to section 101 of the Local Government Act 1972 shall be construed as references to article D1 of this Order.

SCHEDULE 1 — MEETINGS AND PROCEEDINGS OF THE AUTHORITY AND ITS COMMITTEES

1

• (1) The Authority shall in every year hold an annual meeting.

• (2) The annual meeting of the Authority shall be held on such day in the month of March, April, May or June as the Authority may fix.

• (3) An annual meeting of the Authority shall be held at such hour as the Authority may fix, or if no hour is so fixed at twelve noon.

2

• (1) The Authority may in every year hold, in addition to the annual meeting, such other meetings as the Authority may determine.

• (2) Those other meetings shall be held at such hour and on such days as the Authority may determine.

3

• (1) An extraordinary meeting of the Authority may be called at any time by the chairman of the Authority.

• (2) If the chairman of the Authority refuses to call an extraordinary meeting of the Authority after a requisition for that purpose, signed by three members of the Authority, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after the requisition has been presented to him, then any three members of the Authority, on that refusal or on the expiration of those seven days, as the case may be, may forthwith call an extraordinary meeting of the Authority.

4

• (1) Meetings of the Authority shall be held at such place as it may direct.

• (2) Seven clear days at least before a meeting of the Authority—

• (a) notice of the time and place of the intended meeting shall be published at the Authority’s offices, and where the meeting is called by members of the Authority the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and

• (b) a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by the proper officer of the Authority, shall, subject to sub-paragraph (3) below, be left at or sent by post to the usual place of residence of every member of the Authority.

• (3) If a member of the Authority gives notice in writing to the proper officer of the Authority that he desires summonses to attend meetings of the Authority to be sent to him at some address specified in the notice other than this place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.

• (4) Want of service of a summons on any member of the Authority shall not affect the validity of a meeting of the Authority.

• (5) Except in the case of business required by or under this Order or any other enactment to be transacted at the annual meeting of the Authority and other business brought before that meeting as a matter of urgency in accordance with the Authority’s standing orders, no business shall be transacted at a meeting of the Authority other than that specified in the summons relating thereto.

5

• (1) At a meeting of the Authority the chairman, if present, shall preside.

• (2) If the chairman is absent from a meeting of the Authority, another member of the Authority chosen by the members of the Authority shall preside.

6

No business shall be transacted at a meeting of the Authority unless at least a quarter of the whole number of members of the Authority are present.

7

• (1) Subject to the provisions of any enactment all questions coming or arising before the Authority shall be decided by a majority of the members of the Authority present and voting thereon at a meeting of the Authority.

• (2) Subject to those provisions in the case of an equality of votes, the person presiding at the meeting shall have a second and casting vote.

8

The names of the members present at a meeting of the Authority shall be recorded.

9

• (1) Minutes of the proceedings of a meeting of the Authority shall, subject to sub-paragraph (2) below, be drawn up and entered in a book kept for that purpose and shall be signed at the same or next suitable meeting of the Authority by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

• (2) Notwithstanding anything in any enactment or rule of law to the contrary, the minutes of the proceedings of meetings of the Authority may be recorded on loose leaves consecutively numbered, the minutes of the proceedings of any meeting being signed, and each leaf comprising those minutes being initialled, at the same or next suitable meeting of the Authority, by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

• (3) Until the contrary is proved, a meeting of the Authority a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.

• (4) For the purposes of sub-paragraphs (1) and (2) above the next suitable meeting of the Authority is their next following meeting, or where standing orders made by the Authority provide for another meeting of the Authority to be regarded as suitable, either the next following meeting or that other meeting.

10

Subject to the provisions of this Order, the Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

11

The proceedings of the Authority shall not be invalidated by any vacancy among its number or by any defect in the appointment or qualifications of any members thereof.

12

• (1) Paragraphs 7 to 11 above (except paragraph 9(3)) shall apply in relation to a committee of the Authority or sub-committee of any such committee as they apply in relation to the Authority.

• (2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 9 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members present at the meeting shall be deemed to have been duly qualified.

SCHEDULE 2 — ACCESS TO INFORMATION: EXEMPT INFORMATION

PART I — DESCRIPTIONS OF EXEMPT INFORMATION

1

Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under, the Authority.

2

Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the Authority.

3

Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the Authority.

4

Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the Authority.

5

Information relating to the financial or business affairs of any particular person (other than the Authority).

6

The amount of any expenditure proposed to be incurred by the Authority under any particular contract for the acquisition of property or the supply of goods or services.

7

Any terms proposed or to be proposed by or to the Authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

8

The identity of the Authority (as well as of any other person, by virtue of paragraph 7 above) as the person offering any particular tender for a contract for the supply of goods or services.

9

Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the Authority or a Minister of the Crown and employees of, or office-holders under, the Authority.

10

Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—

• (a) any legal proceedings by or against the Authority, or

• (b) the determination of any matter affecting the Authority,

(whether, in either case, proceedings have been commenced or are in contemplation).

11

Information which, if disclosed to the public, would reveal that the Authority proposes—

• (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

• (b) to make an order or direction under any enactment.

12

Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

13

The identity of a protected informant.

PART II — QUALIFICATIONS

1

Information relating to a person of a description specified in paragraphs 1 to 4 of Part I above is not exempt information by virtue of that paragraph unless it relates to an individual of that description in the capacity indicated by the description.

2

Information falling within paragraph 5 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—

• (a) the Companies Act 1985;

• (b) the Friendly Societies Act 1974;

• (c) the Industrial and Provident Societies Acts 1965 to 1978;

• (d) the Building Societies Act 1986; or

• (e) the Charities Act 1993.

3

Information falling within paragraph 6 of Part I above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the Authority in respect of the property, goods or services, whether the advantage would arise as against the Authority or as against other such persons.

4

Information falling within paragraph 7 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the Authority in those or any other negotiations concerning the property or goods or services.

5

Information falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the Authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

6

Information falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is given or made.

PART III — INTERPRETATION

1

• (1) In this Schedule—

• “disposal”, in relation to property, includes the granting of an interest in or right over it;

• “employee” means a person employed under a contract of service;

• “financial or business affairs” includes contemplated, as well as past or current, activities;

• “labour relations matter” means— any of the matters specified in paragraphs (a) to (g) of section 218 of the Trade Union and Labour Relations (Consolidation) Act 1992³⁶ (meaning of a trade dispute, within the meaning of that Act); or any dispute about a matter falling within paragraph (a) above; and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the Authority as they apply in relation to employees of the Authority;

• “office-holder”, in relation to the Authority, means the holder of any paid office appointments to which are or may be made or confirmed by the Authority or by any person who holds any such office or is an employee of the Authority;

• “protected informant” means a person giving the Authority information which tends to show that— a criminal offence, a breach of statutory duty, or a nuisance, has been, is being or is about to be committed;

• “registered”, in relation to information required to be registered under the Building Societies Act 1986, means recorded in the public file of any Building Society (within the meaning of that Act).

• (2) Any reference in this Schedule to “the Authority” includes a committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

• (a) in the case of a committee, to the Authority; and

• (b) in the case of a sub-committee, to the committee, or any of the committees, of which it is a sub-committee.

SCHEDULE 3 — PROVISIONS SUPPLEMENTING PART G

PART I — CREDIT CEILING

1

• (1) On 1st April 1998 the Authority’s credit ceiling shall be nil and, thereafter should be determined, subject to any prescribed modifications, in accordance with the following provisions of this Part of this Schedule.

• (2) In sub-paragraph (1) above “prescribed” means prescribed by the Secretary of State in regulations made under Part III of Schedule 3 to the 1989 Act, which shall apply to the Authority as they apply to the NCS Service Authority; and references in those regulations to local government enactments shall be interpreted as references to the equivalent provisions of, or as applied by, this Order.

2

• (1) If a credit approval is used by the Authority to any extent as mentioned in article G17 of this Order (use of credit approvals by the Authority), then, subject to sub-paragraph (2) below, the Authority’s credit ceiling shall at that time be increased by an amount equal to the extent to which the credit approval is so used.

• (2) If, in reliance on a credit approval, the Authority enters into or agrees to the variation of a credit arrangement of the same description as a credit arrangement excluded by regulations made by the Secretary of State under paragraph 11(2) of Schedule 3 to the 1989 Act then no account shall be taken under sub-paragraph (1) above of that use by the Authority of the credit approval.

3

• (1) If the Authority sets aside an amount as provision to meet credit liabilities (whether or not pursuant to a requirement to do so) then, subject to sub-paragraph (2) below, the Authority’s credit ceiling shall at that time be reduced by an amount equal to the amount so set aside (and, by virtue of this paragraph, that ceiling may, accordingly, be a negative amount).

• (2) This paragraph does not apply with respect to—

• (a) an amount which, in relation to a credit arrangement, other than one excluded by virtue of the application of paragraph 2(2) above, is applied or charged (as an amount of credit cover) as mentioned in paragraph (b) or paragraph (c) of article G12(3) of this Order (limits on powers to enter into credit arrangements); or

• (b) so much of an amount set aside under article G24 of this order (duty to set certain amounts aside as provision to meet credit liabilities) as provision to meet credit liabilities as (in accordance with Part II of this Schedule) is referable to notional interest on credit arrangements.

• (3) For the purpose of this paragraph, an amount set aside under article G24(1) of this Order (duty to set certain amounts aside as provision to meet credit liabilities) in respect of any financial year shall be treated as set aside on the last day of that year.

4

If, the Authority applies or transfers under sub-paragraph (2) of article G25 of this Order (use of amounts set aside to meet credit liabilities) an amount set aside as mentioned in sub-paragraph (1) of that article, the Authority’s credit ceiling shall at that time be increased by an amount equal to the amount so applied or transferred.

PART II — MINIMUM REVENUE PROVISION

6

• (1) Subject to sub-paragraphs (2) and (3) below, for any financial year the Authority’s minimum revenue provision shall be the aggregate of—

• (a) an amount in respect of principal which, except in so far as regulations applied by paragraph 1(2) above otherwise provide, shall be the prescribed percentage of the Authority’s adjusted credit ceiling on the last day of the immediately preceding year; and

• (b) an amount in respect of notional interest on each credit arrangement entered into by the Authority which came into being before the beginning of that year, other than an arrangement excluded by regulations applied by virtue of paragraph 1(2) above.

• (2) If the Authority’s credit ceiling on the last day of a financial year is nil or negative amount, the Authority’s minimum revenue provision for the immediately following financial year shall be nil.

• (3) In the case of a credit arrangement falling within article G11 of this Order (initial and subsequent cost of credit arrangements), the Secretary of State may provide that the amount referred to in sub-paragraph (1)(b) above is nil.

7

In paragraph 6(1)(a) above the “prescribed percentage” means such percentage, as may be prescribed for the purposes of paragraphs 15(1)(a) and 16(1)(a) of Schedule 3 of the 1989 Act by regulations made by the Secretary of State under Part IV of that Schedule.

8

• (1) Any reference in this Part of this Schedule to the Authority’s adjusted credit ceiling at any time or their adjusted initial credit ceiling is a reference to its credit ceiling or, as the case may be, initial credit ceiling, determined in accordance with Part I of this Schedule.

• (2) Without prejudice to the generality of sub-paragraph (1) above, for the purpose of determining the Authority’s adjusted credit ceiling or adjusted initial credit ceiling at any time, where regulations under paragraph 18 of Schedule 3 to the 1989 Act require amounts which are taken into account in determining the Authority’s credit ceiling or initial credit ceiling to be treated as having been repaid, in whole or in part, by reference to amounts set aside as provision for credit liabilities and also, in such cases as may be specified in the regulations, may require an authority to determine which of the amounts so taken into account are to be treated as so repaid, then the same requirements shall apply in relation to the determination of the Authority’s credit ceiling.

9

• (1) Subject to paragraph 6(3) above, for any financial year, the amount referred to in paragraph 6(1)(b) above in respect of notional interest on a credit arrangement is that determined by the formula—

$$a×b100$ where, subject to sub-paragraphs (2) and (3) below,— “a” is the cost of that arrangement on 1st April in that financial year; and “b” is the percentage rate of discount prescribed in article G11(2) of this Order (initial and subsequent cost of credit arrangements) for the financial year in which the arrangement came into being.$

• (2) In the case of a credit arrangement which has been varied as mentioned in article G13(3) of this Order (variation of credit arrangements), “b” in the formula in sub-paragraph (1) above is the percentage rate of discount prescribed under article G11(2) of this Order (initial and subsequent cost of credit arrangements) for the financil year in which the arrangement was so varied or, as the case may be, last varied.

• (3) In the case of a credit arrangement falling within article G11(3) of this Order (initial and subsequent cost of credit arrangements) where the Secretary of State by regulations made under Part IV of Schedule 3 to the 1989 Act provides that “b” in the formula under sub-paragraph (1) of paragraph 19 of the Schedule above shall be such figure as may be specified in, or determined under, the regulations then “b” in the formula under sub-paragraph (1) above should also be the same figure as may be specified in, or determined under, those regulations.

Signed

Alun Michael — Minister of State — 9th March 1998

Explanatory note

(This note is not part of the Order)

This Order makes provision in relation to the NCIS Service Authority about some of the matters of the kind dealt with in the local government enactments listed in Schedule 4 to the Police Act 1997. The effect of the Order is to put the NCIS Service Authority in an analogous position to police authorities established under section 3 of the Police Act 1996 under those provisions.

In particular, article B1 and Schedule 1 make provision equivalent to section 99 and Schedule 12 of the Local Government Act 1972 (“the 1972 Act”); article B2 makes provision equivalent to provisions in standing orders made under section 20 of the Local Government and Housing Act 1989 (“the 1989 Act”); article B3 makes provision equivalent to that made in section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (“the 1976 Act)”; Part C and Schedule 2 make provision equivalent to sections 100A to 100J and Schedule 12A of the 1972 Act; Part D makes provision equivalent to Part IV of the 1972 Act; Part E makes provision equivalent to sections 94 to 98 and section 105 of the 1972 Act and section 19 of the 1989 Act; Part F makes provision equivalent to Part VIII of the Local Government Finance Act 1988; Part H applies Part III of the Local Government Act 1982 to the Authority; Part I makes provision in relation to land, including provision similar to Part X of the Local Government, Planning and Land Act 1980; Part J Makes provision equivalent to sections 2, 4, 5 and 6 of the Local Government Act 1986, sections 1 to 5, 7, 8, 10 and 11 of the 1989 Act, section 30 of the 1976 Act and sections 114 to 119 of the 1972 Act; Part K makes provision similar to that in sections 111, 113, 135, 140, 143, 223, 228, 229 and 231 to 234 of the 1972 Act, section 41 of the Local Government (Miscellaneous Powers) Act 1982, section 155 of the 1989 Act and section 38 of the 1976 Act and Part L applies Part III Of the Local Government Act 1974 to the Authority.

Footnotes