CLAUSE 107: POWER TO IMPOSE LIMITS ON ALLOWANCES PAID TO POLICE AUTHORITY MEMBERS

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:    REGULATIONS MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NEGATIVE RESOLUTION

• Clause 107 amends the provisions relating to the payment of allowances to members of police authorities outside London, the Metropolitan Police Authority and members of the service authorities for the National Crime Squad and the National Criminal Intelligence Service. In each case, power to determine allowances is given to the authority concerned, but the Secretary of State has a reserve power to impose limits on the payments which may be made under new paragraph 25A(6) of Schedule 2 to the Police Act 1996, new paragraph 20A(7) of Schedule 2A to the 1996 Act and new paragraph 17A(7) of Schedule 2 to the Police Act 1997 respectively. In each case, the power is subject to the negative resolution procedure. The power is intended as a reserve power and the level of parliamentary scrutiny is regarded by the department as sufficient.

CLAUSE 109: POWER TO MAKE TRANSITIONAL PROVISION IN RELATION TO CONSTITUTION OF NCIS AND NCS SERVICE AUTHORITIES

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:    ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NONE

• Clause 108 and Schedule 6 amend the provisions in the Police Act 1997 (the 1997 Act) which established the Service Authority for the National Criminal Intelligence Service (NCIS) and the Service Authority for the National Crime Squad so as to alter the constitution of the Authorities. Clause 109 provides that an order under section 139(2) (commencement) bringing those provisions into force may include such transitional provision as appears to the Secretary of State to be necessary or expedient. In particular, provision may be made so that existing members of the Authorities are treated as having resigned, and new members of the Authorities are appointed, with effect from the commencement of the amendments; and so that Parts I and II of the 1997 Act continue to have effect after such commencement for such purposes and period as are specified in the order, as if the amendments had not been made. As is usual in the case of power to make an order appointing a day for commencement, there is no Parliamentary procedure for orders under section 139(2). The inclusion of transitional provision does not, in the Department's view, necessitate such procedure.

CLAUSE 110: POWER TO PRESCRIBE MATTERS TO BE INCLUDED IN NCIS BUDGET STATEMENT

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:    ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NEGATIVE RESOLUTION

• The new section 16A inserted in the 1997 Act by clause 110 requires the NCIS Service Authority to prepare a statement of the amount which the Authority estimates it will require by way of grant under section 17 of the 1997 Act for each financial year (a budget statement). (Section 17 as substituted by clause 111 provides for the Secretary of State to make an annual grant to the Authority, which will replace the current system of levies to police authorities.) Subsection (3) of section 16A sets out the factors which the Authority must take account of in preparing the budget statement, including, by virtue of paragraph (f), such additional matters as the Secretary of State prescribes; and subsection (4) requires the budget statement to be in such form and contain such information as the Secretary of State prescribes. In accordance with subsections (6) and (7) all these matters are to be prescribed by order made by statutory instrument subject to negative resolution procedure, which is considered to be appropriate for regulatory provisions about the financial arrangements of the Service Authority.

CLAUSE 113: POWER TO PRESCRIBE MATTERS TO BE INCLUDED IN NCS BUDGET STATEMENT

POWER CONFERRED ON:      SECRETARY OF STATE

POWER EXERCISABLE BY:    ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NEGATIVE RESOLUTION

• The new section 61A inserted in the 1997 Act by clause 113 makes equivalent provision for the Service Authority for the National Crime Squad as is made by section 16A for the NCIS Service Authority (see clause 110 above). The same considerations apply.

CLAUSE 116: TRANSITIONAL PROVISION FOR APPOINTMENT OF NCIS DIRECTOR GENERAL

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:     ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NONE

• Clause 116 amends section 6 of the 1997 Act so that the Director General of NCIS will in future be appointed by the Secretary of State rather than by the Service Authority. A panel of members of the Authority will continue to prepare a short-list of eligible candidates and make recommendations to the Secretary of State. Subsection (7) provides that an order under section 139(2) (commencement) bringing subsections (1) to (6) of the clause into force may make such transitional provision as appears to the Secretary of State to be necessary or expedient. It is anticipated that such an order would provide for the current Director General to remain in office for a period after the commencement of clause 116. As in the case of clause 109 it is not considered necessary for the power to be subject to Parliamentary procedure.

CLAUSE 119: TRANSITIONAL PROVISION FOR APPOINTMENT OF NCS DIRECTOR GENERAL

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:     ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:   NONE

• Clause 119 amends section 52 of the 1997 Act in relation to the appointment of the Director General of the National Crime Squad to similar effect as clause 116 amends section 6 in relation to the NCIS Director General. Subsection (7) enables the commencement order for this clause to make such transitional provision as appears to the Secretary of State to be necessary or expedient. The same considerations apply.

CLAUSE 126: EXTENDED POWER TO MAKE REGULATIONS UNDER SECTION 50 OF THE POLICE ACT 1996

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:    REGULATIONS MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NEGATIVE RESOLUTION

• Section 50 of the Police Act 1996 (regulations for police forces) is amended by this clause by the insertion of a new subsection (3A) which enables regulations to provide for section 34 of the Criminal Justice and Public Order Act 1994 (inferences from silence) to apply in police conduct proceedings. In addition to applying section 34, it is anticipated that the regulations will introduce a new caution, similar to the caution used on charging a person with a criminal offence, to be used on notifying a police officer of a complaint or allegation of misconduct. Regulations under section 50 are, by virtue of subsection (8) of that section, subject to negative resolution procedure and regulations made by virtue of clause 126 will be governed by that provision. This procedure is considered appropriate for regulations which establish procedures for dealing with misconduct by police officers.

CLAUSE 132 AND 133: MONITORING OF COMPLIANCE WITH BAIL CONDITIONS AND WITH CONDITIONS OF NON-SECURE REMAND

• Clause 132 provides courts with the power to impose a requirement for the electronic monitoring of compliance with bail conditions as an alternative to secure detention of 12 to 16 year olds. Clause 133 provides courts with identical powers in respect of 12 to 16 years olds who are remanded to local authority non-secure accommodation.

CLAUSE 132(6) AND 133(6)

POWER CONFERRED ON:     THE SECRETARY OF STATE

POWER EXERCISABLE BY:    ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NONE

• Clause 132(6) and 133(6) provide that where an electronic monitoring condition or requirement is imposed, the court must make a person responsible for the monitoring. These clauses empower the Secretary of State to make an order providing that the person who is made so responsible shall be of a specified description.
• This power enables the Secretary of State to appoint suitable contractors to undertake the technical monitoring of conditions or requirements by means of appropriate equipment. Persons responsible for undertaking such monitoring will therefore perform a purely technical function without recourse to intrusive or discretionary powers. The power to specify the description of such persons by statutory instrument allows the Secretary of State a sufficient degree of flexibility to alter the specified description where necessary in light of the conditions prevailing at the time (eg. commercial reasons for a change in contractor etc.).
• The purpose of the power is to provide local courts with notification of persons so specified by the Secretary of State in their respective areas and the Department takes the view that no parliamentary control is therefore required.

CLAUSE 132(7) AND 133(7)

POWER CONFERRED ON:     THE SECRETARY OF STATE

POWER EXERCISABLE BY:    RULES MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NEGATIVE RESOLUTION

• Clause 132(7) and clause 133(7) empower the Secretary of State to make rules regulating:

30. (a) The electronic monitoring of compliance with conditions of bail or non-secure remand and

31. (b) The functions of persons made responsible for securing the electronic monitoring of compliance with such requirements.

• The department takes the view that the detailed provisions governing the electronic monitoring of compliance with these requirements together with the functions of the responsible person are best left to delegated legislation. Parliamentary scrutiny over the detailed provisions can be adequately secured by the negative resolution procedure.

CLAUSE 135: POWER TO MAKE REGULATIONS ABOUT REGISTRATION FOR CRIMINAL RECORDS PURPOSES

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:    REGULATIONS MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NEGATIVE RESOLUTION

• Subsection (4) of clause 135 amends section 120(3) of the Police Act 1997 so as to extend the power to make regulations about the maintenance of the register by the Secretary of State under that section. The new power is to provide for the nomination by a body applying for registration of individuals authorised to act for the body in counter-signing applications for certificates under Part V of the 1997 Act and for the refusal by the Secretary of State to accept such a nomination. The purpose for which such regulations will be made is to enable the criminal records bureau to refuse to include an individual in the list of people authorised to counter-sign, or to remove them from the list, and, for the purposes of the new section 120A of the 1997 Act inserted by clause 135(1), to identify the individuals who will have access to information as a result of the registration of the body concerned. Regulations made under section 120(3) are, by virtue of section 125(4) of the 1997 Act, subject to negative resolution procedure and it is appropriate for the extended power to be subject to the same procedure.

CLAUSE 139(2): COMMENCEMENT

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:    ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NONE

• Clause 139(2) provides that those parts of the Act which do not come into force on royal assent or 2 months after the passing of the Act are to come into force on a day or days appointed by the Secretary of State. A commencement order made under this power may also contain savings. As is normal in the case of commencement orders, no parliamentary procedure is regarded as necessary.

Home Office

March 2001