Memorandum by the Home Office
1997 (PROVISIONS IN
THE NCIS SERVICE
2) ORDER 1997 (S.I. 1997/2391)
1. In articles 5 and 6, generally the references are in
each relevant place to a contract, a proposed contract or other
matter. Given this, would not drafting consistency be secured
if, in article 5(1), a reference to a proposed contrct (as well
as to a contract) appeared in the second and third places where
a contract or other matter is referred to?
The drafting of article 5(1) is based on that in section
94 of the Local Government Act 1972. While it is accepted that
reference to proposed contract (as well as to a contract) would
ensure consistent drafting we would not wish to cast doubt on
the meaning of that section by using a different form of words
unless we thought that the meaning of the article was unclear.
We think the meaning of the article is clear.
2. Article 6(3), in the case of married persons living
together one of whom has a pecuniary interest in a contract, proposed
contract or other matter, treats the other spouse (if he or she
knows of it) as also having such an interest. Did the Department
give consideration to extending the provision so that it would
apply to unmarried persons who are living together as husband
We did not specifically consider whether the provision in
article 6(3) should be extended to apply to unmarried persons
living together as husband and wife. However, having now done
so we do not propose that it should be so extended as this would
result in pecuniary interests having a different meaning for members
of service authorities than it has for members of local authorities
and police authorities and, since there is some overlap in membership,
this could cause confusion and would therefore be undesirable.
3. Paragraph (3) of article 14 provides that references
in that article to a paid office under the Authority do not include
references to, or to the office of, the chairman of the Authority.
Explain the purpose and effect of article 14(3), given that paragraph
17 of Schedule 2 of the Police Act 1997 provides only for payments
by way of reimbursement of expenses and allowances to the chairman.
It is accepted that the chairman of the authority is not
a paid office under the Authority and that paragraph (3) of article
14, which was included for the avoidance of doubt, is unnecessary.
The necessary amendments to the order to delete this reference
will be made at the next convenient opportunity.
25th November 1997