Energy Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Schedule 10 — The Civil Nuclear Police Authority
Part 4 — Finances
215

Financial duties
11    (1)
The Secretary of State may determine the financial duties of the Police
Authority.
      (2)
Before determining any financial duties under this paragraph, the Secretary
of State must consult the Police Authority.
5
      (3)
The approval of the Treasury is required for a determination by the
Secretary of State of the Police Authority’s financial duties.
      (4)
A determination by the Secretary of State of the Police Authority’s financial
duties may—
(a)
relate to a period beginning before, on or after the date on which it is
10
made;
(b)
contain supplemental provisions; and
(c)
be varied by a subsequent determination.
      (5)
The Secretary of State may make different determinations for different
functions and activities of the Police Authority.
15
      (6)
The Secretary of State must give the Police Authority notice of every
determination by him of its financial duties.
Accounts and audit
12    (1)
The Police Authority must—
(a)
keep proper accounts and proper accounting records; and
20
(b)
prepare, in respect of each of its accounting years, a statement of its
accounts.
      (2)
A statement of accounts prepared under this paragraph must give a true and
fair view of—
(a)
the income and expenditure of the Police Authority for the
25
accounting year in question; and
(b)
its state of affairs.
      (3)
Such a statement of accounts must comply with every requirement which
has been notified by the Secretary of State to the Police Authority.
      (4)
Those requirements may include, in particular, requirements relating to—
30
(a)
the information to be contained in the statement;
(b)
the manner in which that information is to be presented;
(c)
the methods and principles according to which the statement is to be
prepared.
      (5)
The approval of the Treasury is required for the imposition of a requirement
35
under sub-paragraph (3).
      (6)
The accounts of the Police Authority relating to each of its accounting years,
including the statement of accounts prepared for the year under this
paragraph, must be audited by the Comptroller and Auditor General.
      (7)
The Comptroller and Auditor General must send a copy of his report on
40
what he is required to audit to the Police Authority.
      (8)
The Police Authority must send to the Secretary of State, in respect of each
of its accounting years—
(a)
a copy of the accounts for that year that are required to be audited
under this paragraph; and
45

Energy Bill [HL]
Schedule 10 — The Civil Nuclear Police Authority
Part 4 — Finances
216

(b)
a copy of the Comptroller and Auditor General’s report on those
accounts.
      (9)
The Secretary of State must lay a copy of whatever is sent to him under sub-
paragraph (8) before Parliament.
     (10)
In this paragraph—
5
“accounting records” includes all books, papers and other records of
the Police Authority relating to—
(a)
the accounts which it is required to keep; or
(b)
matters dealt with in those accounts;
“accounting year”, in relation to the Police Authority, means—
10
(a)
the Police Authority’s first accounting year; or
(b)
a financial year after the end of the Police Authority’s first
accounting year;
“the Police Authority’s first accounting year” means—
(a)
where the Police Authority is established at the beginning of
15
a financial year, that financial year; and
(b)
in any other case, the period which begins with the day on
which the 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;
20
and
(ii)
if the Secretary of State so directs, with 31st March at
the end of the following financial year.
Receipts and surpluses
13    (1)
The Secretary of State may give a direction requiring the Police Authority to
25
pay to him an amount equal to—
(a)
the whole or part of a sum which it has received (otherwise than
from the Secretary of State); or
(b)
the whole or part of any surplus which it has for a financial year.
      (2)
For the purposes of this paragraph, the Police Authority has a surplus for a
30
financial year if its revenues for that year exceed the sums which it requires
for carrying out its functions in that year.
      (3)
Before giving a direction under this paragraph, the Secretary of State must
consult—
(a)
the Police Authority; and
35
(b)
the Treasury.
Destination of receipts
14
The Secretary of State must pay sums received by him under paragraph 9,
10 or 13 into the Consolidated Fund.

Energy Bill [HL]
Schedule 11 — Removal and suspension of senior officers of Constabulary
217

Part 5
Miscellaneous
Authentication of Police Authority’s seal
15    (1)
The application of the seal of the Police Authority is to be authenticated by
the signature of—
5
(a)
a member of the Police Authority; or
(b)
any other person who has been authorised by it (whether generally
or specifically) for the purpose.
      (2)
A document purporting to be—
(a)
duly executed under the Police Authority’s seal, or
10
(b)
signed on behalf of the Police Authority,

may be received in evidence and, except so far as the contrary is shown, is to
be taken to be duly so executed or signed.
      (3)
This paragraph does not extend to Scotland.
Status
15
16    (1)
The Police Authority is not to be regarded—
(a)
as the servant or agent of the Crown; or
(b)
as enjoying any status, immunity or privilege of the Crown.
      (2)
The Police Authority’s property is not to be regarded as property of the
Crown, or as held on behalf of the Crown.
20
Disqualification for House of Commons
17
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (bodies of which all members are disqualified), at the appropriate
place, insert—

“The Civil Nuclear Police Authority”.
25
Freedom of information
18
In Part 5 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (police
bodies to be public authorities for the purposes of that Act), after paragraph
63 insert—
“63A
The Civil Nuclear Police Authority.
30
63B
The chief constable of the Civil Nuclear Constabulary.”
Schedule 11
Section 53

Removal and suspension of senior officers of Constabulary
Removal of senior officers by Police Authority
1     (1)
The Police Authority may call on a senior officer, in the interests of efficiency
35
or effectiveness, to retire or to resign.

Energy Bill [HL]
Schedule 11 — Removal and suspension of senior officers of Constabulary
218

      (2)
The approval of the Secretary of State is required before the Police Authority
may call on a senior officer to retire or to resign.
      (3)
Before seeking the approval of the Secretary of State, the Police Authority
must—
(a)
give the senior officer a notice of its intention to call on him to retire
5
or to resign and an explanation of its grounds for doing so;
(b)
give the senior officer an opportunity of making representations,
including an opportunity of making representations in person; and
(c)
consider any representations made by or on behalf of the senior
officer.
10
      (4)
A senior officer who is called on to retire or to resign must retire or resign
with effect from—
(a)
such date as the Police Authority may specify; or
(b)
such earlier date as may be agreed between him and the Police
Authority.
15
      (5)
Oral notice is not effective for the purposes of sub-paragraph (3).
Power of Secretary of State to require removal of chief constable
2     (1)
The Secretary of State may require the Police Authority to exercise its power
under paragraph 1 to call on the chief constable to retire or to resign.
      (2)
Before requiring the Police Authority to exercise that power, the Secretary of
20
State must—
(a)
give the chief constable a notice of his intention to require the Police
Authority to exercise that power and an explanation of his grounds
for doing so;
(b)
give the chief constable an opportunity of making representations,
25
including an opportunity of making representations in person; and
(c)
consider any representations made by or on behalf of the chief
constable.
      (3)
Where the Secretary of State gives a notice under sub-paragraph (2), he must
send a copy of the notice to the Police Authority.
30
      (4)
The Secretary of State must not exercise his power under sub-paragraph (1)
unless he has—
(a)
appointed one or more persons to hold an inquiry and to report to
him; and
(b)
considered the report made to him.
35
      (5)
At least one of the persons appointed under sub-paragraph (4)(a) must be a
person who is not any of the following—
(a)
a constable;
(b)
an employee of the Police Authority;
(c)
an officer of a Government department.
40
      (6)
At an inquiry held under sub-paragraph (4)—
(a)
the chief constable, and
(b)
the Police Authority,

must each be given an opportunity of making representations, including (in
the case of the chief constable) an opportunity of making representations in
45
person.

Energy Bill [HL]
Schedule 11 — Removal and suspension of senior officers of Constabulary
219

      (7)
The Police Authority must pay the costs reasonably incurred by the chief
constable in respect of an inquiry under this paragraph.
      (8)
The amount of those costs is to be assessed in such manner as the Secretary
of State may direct.
      (9)
If the Secretary of State exercises his power under sub-paragraph (1) in
5
relation to the chief constable, the Police Authority—
(a)
must call on him to retire or to resign; and
(b)
is not required to comply with paragraph 1(3) before doing so.
     (10)
Oral notice is not effective for the purposes of sub-paragraph (2).
Suspension of senior officers by Police Authority pending removal
10
3     (1)
This paragraph applies where—
(a)
the Police Authority has notified a senior officer that it intends to
exercise its power under paragraph 1 to call on him to retire or to
resign;
(b)
the Secretary of State has notified the chief constable under
15
paragraph 2 that he intends to require the Police Authority to
exercise that power in his case; or
(c)
the Police Authority has exercised its power under paragraph 1 in
the case of a senior officer, or has been required to do so under
paragraph 2, but the senior officer has not yet retired or resigned.
20
      (2)
The Police Authority may suspend the senior officer from duty.
      (3)
But this power is to be exercisable only where the Police Authority considers
that it is necessary to exercise it in order to maintain public confidence in the
Constabulary.
      (4)
The approval of the Secretary of State is required for a suspension under this
25
paragraph.
Power of Secretary of State to require suspension of chief constable
4     (1)
This paragraph applies where—
(a)
the Police Authority has notified the chief constable that it intends to
exercise its power under paragraph 1 to call on him to retire or to
30
resign;
(b)
the Secretary of State has notified the chief constable under
paragraph 2 that he intends to require the Police Authority to
exercise that power in his case; or
(c)
the Police Authority has exercised that power, or has been required
35
to do so under paragraph 2, but the chief constable has not yet retired
or resigned.
      (2)
The Secretary of State may require the Police Authority to suspend the chief
constable from duty.
      (3)
But this power is to be exercisable only where the Secretary of State
40
considers that it is necessary to exercise it in order to maintain public
confidence in the Constabulary.
      (4)
The Police Authority must comply with a requirement under this paragraph
to suspend the chief constable from duty.
      (5)
Paragraph 3(3) and (4) do not apply to the suspension of the chief constable
45
in pursuance of a requirement under this paragraph.