The Act Schedule 6: Specific offences which are arrestable offences Part 6: Miscellaneous Sections 88 and 89: Regulations for NCIS and NCS
433.Sections 88 and 89 introduce powers to make regulations in respect of NCIS and NCS similar to that contained in section 50 of the 1996 Act. This brings NCIS and NCS into line with police forces as regards the framework that applies to the employment of police officers. The need for such regulation-making powers is consequential on the introduction of direct recruitment provided for in sections 86 and 87. As a result of direct recruitment, the organisations will, for example, require a formal rank structure and promotion system. That has not been necessary in relation to officers on secondment, who bring their rank and conditions of service with them.
434.Subsection (1) of each section inserts into the Police Act 1997 a new section (sections 34A and 79A respectively). The regulations may cover such issues as pay and allowances, rank structure and promotion. In the case of NCIS, which has UK-wide jurisdiction, the Secretary of State is required to consult the Scottish Ministers before making regulations under this section. That is not a requirement for NCS, because NCS operates in England and Wales only.
435.Subsection (2) of each section amends, respectively, sections 37 and 81 of the Police Act 1997 to make similar provision for NCIS and NCS as section 36 does for the conduct of disciplinary proceedings against members of Home Office forces. This will enable regulations to be made for NCIS and NCS covering the rights of the IPCC in regards to disciplinary proceedings; the right of specified persons to participate in or to be present at disciplinary proceedings; the representation of persons subject to disciplinary proceedings; and to provide for inference to be drawn from a failure to mention a fact when questioned or charged in disciplinary proceedings. New subsection (2A)(c) does not appear in section 36 because section 84 of the 1996 Act already covers the representation of persons in police forces subject to disciplinary proceedings in sufficient detail. New subsection (2B) restricts application of these provisions to NCIS to England and Wales, since that is the jurisdiction of the IPCC.
436.Subsection (3) of each section introduces provisions that mirror section 85(1) of the 1996 Act, bringing NCIS and NCS into line with Home Office forces, where officers below the rank of chief superintendent can be reduced in rank as part of the disciplinary process.