|
| |
|
| |
(b) | an order that includes provision made by virtue of section 24(3)(a) or |
| |
(b) or section 42(3)(b)(i) or (ii), |
| |
| may not be made unless a draft has been laid before, and approved by a |
| |
resolution of, each House of Parliament. |
| 5 |
(6) | A statutory instrument containing an order under section 42 made by the |
| |
Scottish Ministers, other than an order to which subsection (7) applies, is |
| |
subject to annulment in pursuance of a resolution of the Scottish Parliament. |
| |
(7) | A statutory instrument containing an order under section 42 made by the |
| |
Scottish Ministers that includes provision made by virtue of subsection (3)(b)(i) |
| 10 |
of that section may not be made unless a draft has been laid before, and |
| |
approved by a resolution of, the Scottish Parliament. |
| |
| |
(1) | There is to be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by a Minister of the Crown by virtue of this Act; |
| 15 |
(b) | any increase attributable to this Act in the sums payable by virtue of any other |
| |
Act out of money so provided. |
| |
(2) | Sums received by a Minister of the Crown by virtue of this Act are to be paid into the |
| |
| |
42 | Power to make consequential and transitional provision etc |
| 20 |
(1) | The Secretary of State may by order make— |
| |
(a) | any supplementary, incidental or consequential provision, and |
| |
(b) | any transitional or saving provision, |
| |
| that he considers necessary or expedient for the purposes of, in consequence of, |
| |
or for giving full effect to any provision of this Act. |
| 25 |
(2) | The power conferred by subsection (1) is exercisable by the Scottish Ministers |
| |
(rather than the Secretary of State) where the provision to be made is within the |
| |
legislative competence of the Scottish Parliament. |
| |
(3) | An order under this section may in particular— |
| |
(a) | provide for any provision of this Act which comes into force before |
| 30 |
another provision has come into force to have effect, until that other |
| |
provision has come into force, with specified modifications; |
| |
| |
(i) | any Act (including this Act and any Act passed in the same |
| |
| 35 |
(ii) | Northern Ireland legislation; |
| |
(iii) | subordinate legislation (within the meaning of the |
| |
Interpretation Act 1978 (c. 30)) made before the passing of this |
| |
| |
(4) | Nothing in this section limits the power under section 40 to include transitional |
| 40 |
or saving provision in a commencement order under section 44. |
| |
(5) | The amendments that may be made by virtue of subsection (3)(b) are in |
| |
addition to those that are made by, or may be made under, any other provision |
| |
| |
|
| |
|
| |
|
43 | Amendments and repeals |
| |
Schedules 13 (minor and consequential amendments) and 14 (repeals) have |
| |
| |
| |
(1) | Subject to subsections (2) to (7)— |
| 5 |
| |
(b) | section 43 (and Schedules 13 and 14), |
| |
| come into force in accordance with provision made by order by the Secretary |
| |
| |
(2) | Subsection (1) does not apply to— |
| 10 |
(a) | paragraphs 9(3)(a) and 21 to 23 of Schedule 2 (and section 2 so far as |
| |
relating to those paragraphs); |
| |
(b) | paragraphs 33, 35 and 44 of Schedule 13; |
| |
(c) | the repeals in Part 1(B) of Schedule 14 that relate to the paragraphs |
| |
mentioned in paragraphs (a) and (b); |
| 15 |
(d) | section 43 so far as relating to any of those paragraphs and repeals. |
| |
(3) | An order bringing the following provisions into force may be made only with |
| |
the consent of the Scottish Ministers— |
| |
| |
(b) | Parts 5 and 6 of Schedule 1 and paragraphs 49 to 51 of that Schedule |
| 20 |
(and section 1(3) so far as relating to those provisions); |
| |
(c) | in Part 1(A) of Schedule 14, the repeals in or of the following provisions |
| |
(and section 43 so far as relating to those repeals)— |
| |
(i) | the Police (Scotland) Act 1967 (c. 77); |
| |
(ii) | sections 109 to 111 of the Police Act 1997 (c. 50), Schedule 8 to |
| 25 |
that Act and paragraphs 10, 12 and 14 of Schedule 9 to that Act; |
| |
(iii) | the Scottish Public Services Ombudsman Act 2002 (asp 11). |
| |
(4) | The following provisions come into force in accordance with provision made |
| |
by order by the Scottish Ministers— |
| |
(a) | sections 33 to 36 so far as they extend to Scotland; |
| 30 |
(b) | paragraphs 9 to 11 and 21 of Schedule 13 so far as they extend to |
| |
| |
(c) | paragraph 17 of that Schedule; |
| |
(d) | the repeals in Part 5 of Schedule 14 of— |
| |
(i) | provisions in section 13 of the Computer Misuse Act 1990 |
| 35 |
| |
(ii) | section 17(7) of that Act so far as it extends to Scotland; |
| |
(iii) | paragraph 77 of Schedule 4 to the Criminal Procedure |
| |
(Consequential Provisions) (Scotland) Act 1995 (c. 40); |
| |
(e) | section 43 so far as relating to those paragraphs and repeals. |
| 40 |
(5) | Paragraph 7(2) of Schedule 6 (and section 14 so far as relating to that |
| |
paragraph), so far as relating to fire and rescue authorities in Wales, comes into |
| |
force in accordance with provision made by order by the National Assembly |
| |
| |
|
| |
|
| |
|
(6) | The following provisions, so far as relating to local authorities in Wales, come |
| |
into force in accordance with provision made by order by the National |
| |
| |
(a) | section 15 and paragraph 27 of Schedule 13 (and section 43 so far as |
| |
relating to that paragraph); |
| 5 |
(b) | section 20 and Schedule 7; |
| |
(c) | the repeal in Part 3 of Schedule 14 of section 91 of the Anti-social |
| |
Behaviour Act 2003 (c. 38) (and section 43 so far as relating to that |
| |
| |
(7) | The following provisions, so far as relating to local authorities in Wales or |
| 10 |
registered social landlords on the register maintained by the National |
| |
Assembly for Wales, come into force in accordance with provision made by |
| |
| |
| |
(b) | paragraphs 38 to 42 of Schedule 13 (and section 43 so far as relating to |
| 15 |
| |
(8) | The provision that may (by virtue of section 40(3)(c)) be made in an order |
| |
under this section bringing section 3 into force includes provision prescribing |
| |
modifications of Part 1 of the Local Government Act 1999 (c. 27) in its |
| |
application to police authorities. |
| 20 |
| |
(1) | Subject to subsections (2) and (3), Parts 1 to 5 extend to England and Wales |
| |
| |
(2) | The following provisions extend also to Scotland and Northern Ireland— |
| |
| 25 |
Parts 5 and 6 of Schedule 1 (and section 1(3) so far as relating to those |
| |
| |
| |
| |
| 30 |
(3) | Any amendment or repeal made by this Act extends to the same part or parts |
| |
of the United Kingdom as the provision to which it relates. |
| |
(4) | In section 60 of the Immigration, Asylum and Nationality Act 2006 (extent), |
| |
after subsection (3) (power to extend Act to Channel Islands or Isle of Man with |
| |
or without modification or adaptation) there is inserted— |
| 35 |
“(3A) | In subsection (3), the reference to this Act includes— |
| |
(a) | a reference to this Act as it has effect with the amendments and |
| |
repeals made in it by the Police and Justice Act 2006, and |
| |
(b) | a reference to this Act as it has effect without those amendments |
| |
| 40 |
| |
This Act may be cited as the Police and Justice Act 2006. |
| |
|
| |
|
| |
|
| |
| |
| |
National Policing Improvement Agency |
| |
| |
| 5 |
| |
1 | The objects of the Agency are— |
| |
(a) | the identification, development and promulgation of good practice |
| |
| |
(b) | the provision to listed police forces of expert advice about, and |
| 10 |
expert assistance in connection with, operational and other policing |
| |
| |
(c) | the identification and assessment of— |
| |
(i) | opportunities for, and |
| |
| 15 |
| police forces within the meaning given by section 101 of the Police |
| |
Act 1996 (c. 16) (police forces for police areas in England and Wales), |
| |
and the making of recommendations to the Secretary of State in the |
| |
light of its assessment of any opportunities and threats; |
| |
(d) | the international sharing of understanding of policing issues; |
| 20 |
(e) | the provision of support to listed police forces in connection with— |
| |
(i) | information technology, |
| |
(ii) | the procurement of goods, other property and services, and |
| |
(iii) | training and other personnel matters; |
| |
(f) | the doing of all such other things as are incidental or conducive to the |
| 25 |
attainment of any of the objects mentioned in paragraphs (a) to (e). |
| |
The Agency’s principal power |
| |
2 (1) | The Agency may do anything it considers appropriate for the attainment of |
| |
its objects, subject to sub-paragraphs (4) and (5). |
| |
(2) | In exercise of the power under sub-paragraph (1), the Agency— |
| 30 |
(a) | for the purpose of providing such support to listed police forces as is |
| |
mentioned in paragraph 1(e)— |
| |
(i) | may carry on activities itself with a view to forces making use |
| |
of what is provided through the carrying-on of the activities, |
| |
(ii) | may support forces in their carrying-on of activities |
| 35 |
| |
|
| |
|
| |
|
(iii) | may support forces in any other way the Agency considers |
| |
| |
(b) | may (subject to sub-paragraph (4)) accept gifts, and loans, of money |
| |
| |
(3) | The terms on which the Agency accepts a gift or loan of money or other |
| 5 |
property may (in particular) include provision for the commercial |
| |
sponsorship of any activity of the Agency. |
| |
(4) | The Agency may borrow money or other property only with the consent of |
| |
| |
(5) | In the case of a restrictedly listed police force, the Agency may provide |
| 10 |
advice, assistance or support to or for the force only with the agreement of— |
| |
(a) | the entity within paragraph 3(3)(k) to (r) that is comprised in the |
| |
| |
(b) | the person whose control that entity is under, or |
| |
(c) | the authority responsible for maintaining that entity. |
| 15 |
(6) | Sub-paragraphs (2) and (3) are to be taken not to prejudice the generality of |
| |
| |
Meaning of “listed police force” and “restrictedly listed police force” in paragraphs 1 and 2 |
| |
3 (1) | In paragraphs 1 and 2(2) “listed police force” means an entity within sub- |
| |
paragraph (3), together with persons employed for the purposes of the |
| 20 |
| |
(2) | In paragraph 2(5) “restrictedly listed police force” means an entity within |
| |
sub-paragraph (3)(k) to (r), together with persons employed for the |
| |
| |
| 25 |
(a) | any police force within the meaning given by section 101 of the Police |
| |
Act 1996 (c. 16) (police forces for police areas in England and Wales), |
| |
including the cadets and special constables under the control of the |
| |
chief officer of police of that force, |
| |
(b) | the Serious Organised Crime Agency, |
| 30 |
(c) | the Ministry of Defence Police, |
| |
(d) | the Royal Navy Regulating Branch, |
| |
(e) | the Royal Military Police, |
| |
(f) | the Royal Air Force Police, |
| |
(g) | the Royal Marines Police, |
| 35 |
(h) | the British Transport Police Force, including the cadets and special |
| |
constables under the direction and control of the chief constable of |
| |
| |
(i) | the Civil Nuclear Constabulary, |
| |
(j) | any person who under sub-paragraph (4) is to be treated as a listed |
| 40 |
| |
(k) | any police force maintained under or by virtue of section 1 of the |
| |
Police (Scotland) Act 1967 (c. 77), including the cadets under the |
| |
control of the chief constable of that force, |
| |
|
| |
|
| |
|
(l) | the Scottish Police Services Authority and any institution, |
| |
organisation or other body established and maintained by the |
| |
| |
(m) | the Police Service of Northern Ireland, |
| |
(n) | the Police Service of Northern Ireland Reserve, |
| 5 |
(o) | the States of Jersey Police Force, |
| |
(p) | the salaried police force of the Island of Guernsey, |
| |
(q) | the Isle of Man Constabulary, and |
| |
(r) | any person who is engaged outside the United Kingdom in the |
| |
carrying-on of activities similar to any carried on by a police force |
| 10 |
within the meaning given by section 101 of the Police Act 1996 (c. 16). |
| |
(4) | The Secretary of State may by order provide for a person specified in the |
| |
order, or of a description so specified, to be treated as being a listed police |
| |
force for the purposes of paragraphs 1 and 2(2). |
| |
Consultation: exercise of powers in relation to Scotland or Northern Ireland |
| 15 |
4 (1) | The Agency must consult the Scottish consultees— |
| |
(a) | before doing anything in relation to any of the persons mentioned in |
| |
sub-paragraph (2) in exercise of its power under paragraph 2(1), and |
| |
(b) | before doing anything in exercise of that power that may or will |
| |
affect what it may do in relation to any of those persons in future |
| 20 |
| |
| |
(a) | a police force maintained under or by virtue of section 1 of the Police |
| |
(Scotland) Act 1967 (c. 77), |
| |
(b) | cadets under the control of the chief constable of such a force, |
| 25 |
(c) | persons employed for the purposes of such a force, |
| |
(d) | the Scottish Police Services Authority, and |
| |
(e) | any institution, organisation or other body established and |
| |
maintained by that Authority. |
| |
(3) | In sub-paragraph (1) “the Scottish consultees” means— |
| 30 |
(a) | the Scottish Police Services Authority, and |
| |
(b) | persons whom the Agency considers to represent the interests of |
| |
chief constables of police forces in Scotland. |
| |
(4) | The Agency must consult the Secretary of State— |
| |
(a) | before doing anything in relation to any of the persons mentioned in |
| 35 |
sub-paragraph (5) in exercise of its power under paragraph 2(1), and |
| |
(b) | before doing anything in exercise of that power that may or will |
| |
affect what it may do in relation to any of those persons in future |
| |
| |
| 40 |
(a) | the Police Service of Northern Ireland, |
| |
(b) | the Police Service of Northern Ireland Reserve, and |
| |
(c) | persons employed for the purposes of either (or both) of those |
| |
| |
|
| |
|
| |
|
| |
5 (1) | Before the beginning of each financial year the Agency must prepare a plan |
| |
setting out how it intends during that year to exercise its powers. |
| |
(2) | The plan for a financial year (“the plan”) must state— |
| |
(a) | any priorities that the Agency has determined for that year, |
| 5 |
(b) | any current strategic priorities determined by the Secretary of State |
| |
| |
(c) | any current performance targets established by the Agency, and |
| |
(d) | the financial resources that are expected to be available to the Agency |
| |
| 10 |
(3) | Priorities within sub-paragraph (2)(a)— |
| |
(a) | may relate to matters to which strategic priorities determined under |
| |
paragraph 6 also relate, or |
| |
(b) | may relate to other matters, |
| |
| but in any event must be so framed as to be consistent with strategic |
| 15 |
priorities determined under that paragraph. |
| |
(4) | The plan must state, in relation to each priority within sub-paragraph (2)(a) |
| |
or (b), how the Agency intends to give effect to that priority. |
| |
(5) | The Agency must arrange for the plan to be published in such manner as it |
| |
| 20 |
(6) | The Agency must send a copy of the plan to— |
| |
(a) | the Secretary of State, |
| |
(b) | the police authority for each police area in England and Wales, |
| |
(c) | the chief officer of police of each police force in England and Wales, |
| |
| 25 |
(d) | such other persons as the Agency considers appropriate. |
| |
(7) | Before finalising the plan, the Agency must consult— |
| |
(a) | the Secretary of State, |
| |
(b) | persons whom the Agency considers to represent the interests of |
| |
police authorities for police areas in England and Wales, |
| 30 |
(c) | persons whom the Agency considers to represent the interests of |
| |
chief officers of police of police forces in England and Wales, and |
| |
(d) | such other persons as the Agency considers appropriate. |
| |
| |
6 (1) | The Secretary of State may determine strategic priorities for the Agency. |
| 35 |
(2) | Before determining any such priorities the Secretary of State must consult— |
| |
| |
(b) | persons whom he considers to represent the interests of chief officers |
| |
of police of police forces in England and Wales, and |
| |
(c) | persons whom he considers to represent the interests of police |
| 40 |
authorities for police areas in England and Wales. |
| |
(3) | Sub-paragraph (2)(b) and (c) do not apply in relation to strategic priorities |
| |
for the Agency so far as the priorities relate— |
| |
|
| |
|