# The Police Act 1997 (Provisions in relation to the NCIS Service Authority) Order 1998, Article J6: Politically restricted posts


(1) The following persons are to be regarded for the purposes of this Part as holding politically restricted posts under the Authority—
(a) the person designated under article 58 below as the head of the Authority’s paid service;
(b) the statutory chief officer;
(c) a non-statutory chief officer;
(d) a deputy chief officer;
(e) the monitoring officer designated under article J9 below; and
(f) any person not falling within sub-paragraphs (a) to (e) above whose post is for the time being specified by the Authority in a list maintained in accordance with paragraph (2) below and any directions under article 57 below, or is within article C7 above (list of officers to whom powers are delegated).
(2) It shall be the duty of the Authority to prepare and maintain a list of such of the following posts under the Authority, namely—
(a) the full time posts the annual rate of remuneration in respect of which is or exceeds £19,500 or such higher amount as may have been specified in or determined under regulations made by the Secretary of State under section 2(2) of the 1989 Act;
(b) the part time posts the annual rate of remuneration in respect of which would be or exceed that amount if they were full time posts in respect of which remuneration were paid at the same rate as for the part time post; and
(c) posts not falling within sub-paragraph (a) or (b) above the duties of which appear to the Authority to fall within paragraph (3) below,
as are not posts for the time being exempted under article 57 below, posts for the time being listed under article C7 above or posts of a description specified by the Secretary of State for the purposes of this article.
(3) The duties of a post under the Authority fall within this paragraph if they consist in or involve one or both of the following, that is to say—
(a) giving advice on a regular basis to the Authority itself, to any committee or sub-committee of the Authority;
(b) speaking on behalf of the Authority on a regular basis to journalists or broadcasters.
(4) It shall be the duty of the Authority to deposit the first list prepared under paragraph (2) above with its proper officer before the expiry of the period of two months beginning with the coming into force of this Order; and it shall also be its duty, on subsequently making any modifications of that list, to deposit a revised list with that officer.
(5) It shall be the duty of the Authority in performing its duties under this article to have regard to such general advice as may be given by virtue of paragraph (1)(b) of article 57 below by a person carrying out functions under that article.
(6) In this article “the statutory chief officer” means the officer having responsibility for the purposes of article F1 above, for the administration of the Authority’s financial affairs.
(7) In this article “non-statutory chief officer” means, subject to the following provisions of this article—
(a) a person for whom the head of the Authority’s paid service is directly responsible;
(b) a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the head of the Authority’s paid service; and
(c) any person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the Authority itself or any committee or sub-committee of the Authority.
(8) In this article “deputy chief officer” means, subject to the following provisions of this article, a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to one or more of the statutory or non-statutory chief officers.
(9) A person whose duties are solely secretarial or clerical or are otherwise in the nature of support services shall not be regarded as a non-statutory chief officer or a deputy chief officer for the purposes of this Part.

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Source: https://www.legislation.gov.uk/uksi/1998/633/article/J6 (the official version)
Page: https://openlegislation.uk/police-act-1997-provisions-in-relation-to-the-ncis-service-authority-order-1998/article-J6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.