Police Act 1997
1997 Chapter 50 - continued
PART I, THE NATIONAL CRIMINAL INTELLIGENCE SERVICE - continued
Miscellaneous - continued
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Liability for wrongful acts of constables etc.     42. - (1) The Director General of NCIS shall be liable in respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.
 
      (2) There shall be paid out of the NCIS service fund-
 
 
    (a) any damages or costs awarded against the Director General in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings, and
 
    (b) any sum required in connection with the settlement of any claim made against the Director General by virtue of this section, if the settlement is approved by the NCIS Service Authority.
      (3) Any proceedings in respect of a claim made by virtue of this section shall be brought against the Director General of NCIS for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the Director General; and references in this section to the Director General shall be construed accordingly.
 
      (4) The NCIS Service Authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the NCIS service fund-
 
 
    (a) any damages or costs awarded against a person to whom this subsection applies in proceedings for a tort committed by that person,
 
    (b) any costs incurred and not recovered by such a person in such proceedings, and
 
    (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
      (5) Subsection (4) applies to a person who is-
 
 
    (a) a member of NCIS, or
 
    (b) a constable for the time being required to serve with NCIS by virtue of section 23.
      (6) In relation to Scotland-
 
 
    (a) subsection (1) shall not apply but-
 
      (i) the Director General of NCIS shall be liable in reparation in respect of any wrongful act or omission on the part of any constable under his direction and control in the performance or purported performance of his functions in the like manner as a master is so liable in respect of any wrongful act or omission on the part of his servant in the course of the servant's employment, and
 
      (ii) subsection (4)(a) shall apply as if the reference to proceedings for a tort committed by a person were a reference to proceedings for a wrongful act or omission on the part of that person, and
 
    (b) any reference in subsection (2) or (4) to costs shall be construed as a reference to expenses.
Causing disaffection.     43. Any person who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of NCIS within section 9(1)(a) or (b), or induces or attempts to induce, or does any act calculated to induce, any such member to withhold his services, shall be guilty of an offence and liable-
 
 
    (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
 
    (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Orders governing NCIS Service Authority.     44. - (1) The Secretary of State may by order make provision (including provision as regards Scotland and Northern Ireland) in relation to the NCIS Service Authority about matters of the kind dealt with in the enactments listed in Schedule 4 (which lists enactments which make provision about police authorities established under section 3 of the Police Act 1996).
 
      (2) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
 
General
Orders and regulations.     45. Any power of the Secretary of State to make orders or regulations under this Part shall be exercisable by statutory instrument.
 
Interpretation of Part I.     46. In this Part-
 
 
    "financial year" means the twelve months ending with 31st March;
 
    "NCIS" has the meaning given in section 2;
 
    "NCIS Service Authority" has the meaning given in section 1(1);
 
    "NCIS service fund" means the fund established under section 16;
 
    "NCS Service Authority" means the Service Authority for the National Crime Squad.
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© Crown copyright 1997
Prepared 16 April 1997