Energy Bill [HL]

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Schedule 12 — Planning and reports about Constabulary
Part 1 — Planning
221

Schedule 12
Section 64

Planning and reports about Constabulary
Part 1
Planning
Determination of annual objectives for Constabulary
5
1     (1)
Before the beginning of each financial year, the Police Authority must
determine objectives for policing by the Constabulary during that year.
      (2)
The objectives must—
(a)
incorporate every objective relating to policing imposed by
directions under paragraph 1 of Schedule 13; and
10
(b)
otherwise be consistent with the directions given by the Secretary of
State to the Police Authority under this Chapter.
      (3)
In determining the objectives, the Police Authority must have regard to—
(a)
the National Policing Plan for that year prepared by the Secretary of
State under section 36A of the Police Act 1996 (c. 16); and
15
(b)
the objectives (if any) determined for that year by the Secretary of
State under section 37 of the Police Act 1996 (objectives for police
authorities).
      (4)
Before determining the objectives, the Police Authority must consult the
chief constable.
20
Annual policing plan
2     (1)
Before the beginning of each financial year, the Police Authority must issue
a plan setting out the proposed arrangements for policing by the
Constabulary during the year (the “annual policing plan”).
      (2)
The annual policing plan must include a statement of—
25
(a)
the objectives determined for the year under paragraph 1;
(b)
the Police Authority’s priorities for the year;
(c)
the performance targets set by the Police Authority for the year; and
(d)
the financial resources expected to be available and the proposed
allocation of those resources.
30
      (3)
The annual policing plan for a financial year must be consistent with the
three-year strategy plan most recently issued or proposed to be issued under
paragraph 3 for a period that includes that financial year.
      (4)
Before an annual policing plan for a financial year is issued, a draft of a plan
for that year must have been—
35
(a)
prepared by the chief constable; and
(b)
submitted by him to the Police Authority for its consideration.
      (5)
Before the Police Authority issues an annual policing plan which differs
from the draft submitted by the chief constable, it must consult him.
      (6)
The Police Authority must—
40
(a)
arrange for every annual policing plan to be published in such
manner as appears to it to be appropriate; and
(b)
send a copy of every annual policing plan to the Secretary of State.

Energy Bill [HL]
Schedule 12 — Planning and reports about Constabulary
Part 2 — Reports
222

Three-year strategy plan
3     (1)
Before the beginning of each financial year, the Police Authority must issue
a plan setting out the Police Authority’s medium and long term strategies
for policing by the Constabulary during the three year period beginning
with that year (the “three-year strategy plan”).
5
      (2)
Before a three year strategy plan for any period is issued, a draft of a plan for
that period must have been—
(a)
prepared by the chief constable; and
(b)
submitted by him to the Police Authority for its consideration.
      (3)
Before the Police Authority issues a three-year strategy plan which differs
10
from the draft submitted by the chief constable, it must consult him.
      (4)
The Police Authority must—
(a)
arrange for every three-year strategy plan to be published in such
manner as appears to it to be appropriate; and
(b)
send a copy of every three-year strategy plan to the Secretary of
15
State.
      (5)
The reference in sub-paragraph (1) to a three year period is a reference to a
period of three successive financial years.
Initial objectives and plans
4
The first objectives that are required to be determined under paragraph 1,
20
and the first plans or draft plans to be issued or prepared under paragraphs
2 and 3, must be determined, issued or prepared as if the references in this
Part of this Schedule to a financial year were references to such period
ending—
(a)
not more than two years after the commencement of this Part of this
25
Schedule, and
(b)
with a 31st March,

as may be notified to the Police Authority by the Secretary of State.
Part 2
Reports
30
Annual report by chief constable
5
The chief constable must, as soon as possible after the end of each reporting
year—
(a)
submit to the Police Authority a report on the policing carried out by
the Constabulary during that year; and
35
(b)
arrange for the report to be published in such manner as appears to
him to be appropriate.
Power of Police Authority to require reports
6     (1)
Whenever he is required to do so by the Police Authority, the chief constable
must submit to it a report—
40
(a)
on such matters connected with policing by the Constabulary, and
(b)
in such form,

Energy Bill [HL]
Schedule 12 — Planning and reports about Constabulary
Part 2 — Reports
223


as it may specify.
      (2)
The Police Authority may—
(a)
arrange for a report submitted to it under this paragraph to be
published in such manner as appears to it to be appropriate; or
(b)
require the chief constable to arrange for it to be published in that
5
manner.
      (3)
If it appears to the chief constable that a report required from him under this
paragraph would contain—
(a)
information which, in the public interest, ought not to be disclosed,
or
10
(b)
information which is not needed by the Police Authority for the
carrying out of its functions,

he may request the Police Authority to refer its requirement for a report to
the Secretary of State.
      (4)
Where a request is made under sub-paragraph (3), the requirement for the
15
report has effect only to the extent that it is confirmed by the Secretary of
State.
Annual report by Police Authority
7     (1)
As soon as possible after the end of each reporting year, the Police Authority
must issue a report relating to the policing carried out by the Constabulary
20
during that year (an “annual report”).
      (2)
The annual report must include an assessment of the extent to which, during
that year, proposals have been implemented and things have been done in
accordance with—
(a)
the three-year strategy plan most recently issued for a period in
25
which that year ends; and
(b)
the annual policing plan issued—
(i)
in the case of the first annual report, for every financial year
the whole or a part of which is included in the reporting year;
and
30
(ii)
in any other case, for the financial year that coincides with the
reporting year.
      (3)
The Police Authority must send a copy of each annual report to the Secretary
of State.
      (4)
Where the Secretary of State receives a copy of the Police Authority’s annual
35
report for any year, he must—
(a)
lay it before Parliament; and
(b)
arrange for it to be published in such manner as appears to him to be
appropriate.
Power of Secretary of State to require reports
40
8     (1)
The Secretary of State may at any time require the Police Authority to submit
to him a report on such matters connected with—
(a)
the carrying out of its functions, or
(b)
policing by the Constabulary,

as he may specify.
45

Energy Bill [HL]
Schedule 13 — Directions by Secretary of State about Constabulary
224

      (2)
The Secretary of State may at any time require the chief constable to submit
to him a report on such matters connected with policing by the Constabulary
as the Secretary of State may specify.
      (3)
If the Secretary of State specifies a particular form for a report under this
paragraph, the report must be submitted in that form.
5
      (4)
Where a report is submitted to the Secretary of State under this paragraph,
he may—
(a)
arrange for it to be published in such manner as appears to him to be
appropriate; or
(b)
require the person submitting the report to arrange for it to be
10
published in that manner.
Meaning of “reporting year”
9     (1)
In this Part of this Schedule “reporting year”, in relation to the Police
Authority or the chief constable, means—
(a)
the initial reporting year; or
15
(b)
a financial year after the end of the initial reporting year.
      (2)
In this paragraph “the initial reporting year” means—
(a)
where the Police Authority is established at the beginning of a
financial year, that financial year; and
(b)
in any other case, the period which begins with the day on which the
20
Police Authority is established and ends—
(i)
if no direction is given under sub-paragraph (ii), with 31st
March in the financial year current on that day; and
(ii)
if the Secretary of State so directs, with 31st March at the end
of the following financial year.
25
Schedule 13
Section 66

Directions by Secretary of State about Constabulary
Objectives
1     (1)
The Secretary of State may give directions to the Police Authority setting out
objectives for that Authority for a financial year.
30
      (2)
The objectives may include—
(a)
objectives to be met generally in the carrying out by the Police
Authority of its functions;
(b)
objectives to be met in the carrying out by the Police Authority of
particular functions, or in its carrying out of functions, or particular
35
functions, at particular times or places;
(c)
objectives to be met (whether generally or in relation to particular
matters) in the management of the Constabulary;
(d)
objectives to be met in securing proper accountability by the Police
Authority for its own activities and for those of the Constabulary.
40
      (3)
Before giving a direction under this paragraph, the Secretary of State must
consult—
(a)
the Police Authority; and

Energy Bill [HL]
Schedule 13 — Directions by Secretary of State about Constabulary
225

(b)
the chief constable.
Directions with respect to the Constabulary
2     (1)
The Secretary of State may give directions to the Police Authority requiring
it to secure—
(a)
that such tasks are performed by members of the Constabulary as are
5
set out in the direction, or as are determined under it;
(b)
that the tasks so set out or determined are performed in the manner
so set out or determined;
(c)
that the financial and other resources available to the Police
Authority are allocated and used in such manner as is so set out or
10
determined;
(d)
that the practices and procedures relating to security that are so set
out or determined are adopted and followed by members of the
Police Authority;
(e)
that the practices and procedures (relating to security or any other
15
matter) that are so set out or determined are adopted and followed
by and in relation to members of the Constabulary and other
employees of the Police Authority, and in relation to their
appointment as such;
(f)
that the practices and procedures (relating to security or any other
20
matter) that are so set out or determined are adopted and followed
in relation to agreements between the Police Authority and other
persons;
(g)
that the criteria so set out or determined are applied in assessing the
performance of members of the Constabulary and of other
25
employees of the Police Authority, and in determining their
operational, training and equipment needs; and
(h)
that such officers of the Secretary of State’s department as are so set
out or determined are given an entitlement, for the purpose of
enabling them to monitor or inspect the activities of the Police
30
Authority and of its employees, to have access to or make use of—
(i)
premises occupied by or under the control of the Police
Authority;
(ii)
apparatus maintained for use by members or employees of
the Police Authority; and
35
(iii)
documents and records in the custody or under the control of
the Police Authority or of the chief constable.
      (2)
The Secretary of State may also give the Police Authority such other general
or specific directions as he considers appropriate for securing the efficient
and effective operation of the Constabulary.
40
      (3)
Before giving a direction under this paragraph, the Secretary of State must
consult—
(a)
the Police Authority; and
(b)
the chief constable.
      (4)
In this paragraph references to adopting and following practices or
45
procedures include references to meeting and complying with standards or
guidelines.

Energy Bill [HL]
Schedule 13 — Directions by Secretary of State about Constabulary
226

Government, administration and conditions of service
3     (1)
The Secretary of State may give directions to the Police Authority as to the
government, administration and conditions of service of the Constabulary
and its members.
      (2)
The provision that may be required by directions under this paragraph, and
5
that is to be capable of being made in pursuance of any such directions,
includes any provision that may be made in relation to police forces under
section 50 of the Police Act 1996 (c. 16) (police force regulations).
      (3)
If a direction under this paragraph relates to a matter which is the subject of
regulations under section 50 of the Police Act 1996, the direction may differ
10
from those regulations only so far as necessary to take account of differences
relating to the structure and circumstances of the Constabulary.
      (4)
Before giving a direction under this paragraph, the Secretary of State must
consult—
(a)
the Police Authority;
15
(b)
the chief constable;
(c)
the Civil Nuclear Police Federation; and
(d)
if the direction affects members of a rank-related association, that
association.
Remedial action
20
4     (1)
This paragraph applies where the Secretary of State considers that the Police
Authority is failing—
(a)
to meet an objective set out by him under this Schedule; or
(b)
to comply with a direction given under this Schedule.
      (2)
This paragraph also applies where a report under section 65 following an
25
inspection states—
(a)
that the Constabulary is, whether generally or in a specified respect,
not efficient or not effective; or
(b)
that the Constabulary is likely, unless remedial action is taken, to
cease to be efficient or effective, whether generally or in a specified
30
respect.
      (3)
Where this paragraph applies, the Secretary of State may give a direction
requiring the Police Authority to take the particular steps specified in the
direction for the purpose of remedying—
(a)
the failure to meet the objective or to comply with the direction; or
35
(b)
the matters stated in the report under section 65.
      (4)
Before giving a direction under this paragraph, the Secretary of State must—
(a)
notify the Police Authority and the chief constable of his intention to
give a direction and of his reasons for doing so; and
(b)
give the Police Authority and the chief constable an opportunity of
40
making representations.