Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 2) Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/2391 |
| Year | 1997 |
1997 No. 2391
POLICE
The Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 2) Order 1997
Made 3rd October 1997
Laid before Parliament 10th October 1997
Coming into force 31th October 1997
In exercise of the powers confirmed upon him by section 44 of the Police Act 19971, the Secretary of State hereby makes the following Order:
Citation and commencement
1. This Order may be cited as the Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 2) Order 1997 and shall come into force on 31st October 1997.
Interpretation
2. In this Order “the Authority” means the NCIS Service Authority.
Extraordinary meetings
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 after a requisition for that purpose, signed by five 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 five 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.
Annual meetings
4. In paragraph 1(2) of the Schedule to the Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 1) Order 19972for the words “or May” there shall be substituted the words “, May or June”.
Disability of members of the Authority for voting on account of interests in contracts, etc.
5.—(1) Subject to article 8 below, if a member of the Authority has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the Authority at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.
(2) If any person fails to comply with the provisions of paragraph (1) above he shall for each offence be liable on summary conviction to a fine not exceeding level 4 on the standard scale unless he proves that he did not know that the contract, proposed contract or other matter in which he has a pecuniary interest was the subject of consideration at the meeting.
(3) A prosecution for an offence under this article shall not be instituted in England and Wales except by or on behalf of the Director of Public Prosecutions.
(4) The Authority may by standing order provide for the exclusion of a member of the Authority from a meeting of the Authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
(5) The receipt by a member of the Authority of an allowance or other payment under paragraph 17 of Schedule 2 to the Police Act 1997 or his right to receive, or the possibility of his receiving, any such payment shall not be treated as a pecuniary interest for the purposes of this article.
Pecuniary interest for the purposes of article 5
6.—(1) For the purposes of article 5 above, a person shall be treated, subject to the following provisions of this article and to article 8 below, as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if—
(a)
(a) he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
(b)
(b) he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration.
(2) Paragraph (1) above does not apply to membership of or employment under any public body, and a member of a company or other body shall not by reason of his membership be treated as having an interest in any contract, proposed contract or other matter if he has no beneficial interest in any securities of that company or other body.
(3) In the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purposes of article 5 above, to be also an interest of the other.
General notices and recording of disclosures for purposes of article 5
7.—(1) A general notice given in writing to the proper officer of the Authority by a member thereof to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the Authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.
(2) The proper officer of the Authority shall record in a book to be kept for the purpose particulars of any disclosure made under article 5 above and of any notice given under this article, and the book shall be open at all reasonable hours to the inspection of any member of the Authority.
Removal or exclusion of disability, etc.
8.—(1) The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by article 5 above in any case in which the number of members of the Authority disabled by that article at any one time would be so great a proportion of the whole as to impede the transaction of business.
(2) The power of the Secretary of State under paragraph (1) above includes the power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member by reason of such interests, and in respect of such matters, as may be specified by the Secretary of State.
(3) Nothing in article 5 above precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the powers conferred by paragraphs (1) and (2) above.
(4) Article 5 above does not apply to an interest in a contract, proposed contract or other matter which a member of the Authority has as a person who is liable to pay an amount in respect of any community charge or in respect of council tax or who would be so liable but for any enactment or anything provided or done under any enactment or as a ratepayer or inhabitant of any area or as an ordinary customer of water, or to an interest in any matter relating to the terms on which a right to participate in any service, including the supply of goods, is offered to the public.
(5) For the purposes of article 5 above a member of the Authority shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of an interest of his in a company, body or person with which he is connected as mentioned in article 6(1) above which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.
(6) Where a member of the Authority has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed £5000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he...
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