Police and Justice Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Part 6 — Supplemental
34


or
(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.
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Money
(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
Consolidated Fund.
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;
(b)
amend or repeal—
(i)
any Act (including this Act and any Act passed in the same
Session as this Act);
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(ii)
Northern Ireland legislation;
(iii)
subordinate legislation (within the meaning of the
Interpretation Act 1978 (c. 30)) made before the passing of this
Act.
(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
of this Act.

Police and Justice Bill
Part 6 — Supplemental
35

43
Amendments and repeals
Schedules 13 (minor and consequential amendments) and 14 (repeals) have
effect.
44
Commencement
(1)
Subject to subsections (2) to (7)—
5
(a)
Parts 1 to 5, and
(b)
section 43 (and Schedules 13 and 14),

come into force in accordance with provision made by order by the Secretary
of State.
(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—
(a)
section 1(2)(b);
(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
Scotland;
(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
(c. 18);
(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
for Wales.

Police and Justice Bill
Part 6 — Supplemental
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(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
Assembly for Wales—
(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
repeal).
(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
order by the Assembly—
(a)
sections 16 to 18;
(b)
paragraphs 38 to 42 of Schedule 13 (and section 43 so far as relating to
15
those paragraphs).
(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.
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45
Extent
(1)
Subject to subsections (2) and (3), Parts 1 to 5 extend to England and Wales
only.
(2)
The following provisions extend also to Scotland and Northern Ireland—
section 1(2)(b);
25
Parts 5 and 6 of Schedule 1 (and section 1(3) so far as relating to those
Parts);
Part 4;
section 36;
section 38.
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
and repeals.”
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46
Short title
This Act may be cited as the Police and Justice Act 2006.

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 1 — Objects and powers
37

Schedules
Schedule 1
Section 1

National Policing Improvement Agency
Part 1
Objects and powers
5
The Agency’s objects
1
The objects of the Agency are—
(a)
the identification, development and promulgation of good practice
in policing;
(b)
the provision to listed police forces of expert advice about, and
10
expert assistance in connection with, operational and other policing
matters;
(c)
the identification and assessment of—
(i)
opportunities for, and
(ii)
threats to,
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;
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(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
themselves, and

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 1 — Objects and powers
38

(iii)
may support forces in any other way the Agency considers
appropriate; and
(b)
may (subject to sub-paragraph (4)) accept gifts, and loans, of money
and other property.
      (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
the Secretary of State.
      (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
force,
(b)
the person whose control that entity is under, or
(c)
the authority responsible for maintaining that entity.
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      (6)
Sub-paragraphs (2) and (3) are to be taken not to prejudice the generality of
sub-paragraph (1).
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
entity.
      (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
purposes of the entity.
      (3)
Those entities are—
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(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,
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(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,
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(h)
the British Transport Police Force, including the cadets and special
constables under the direction and control of the chief constable of
that force,
(i)
the Civil Nuclear Constabulary,
(j)
any person who under sub-paragraph (4) is to be treated as a listed
40
police force,
(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,

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 1 — Objects and powers
39

(l)
the Scottish Police Services Authority and any institution,
organisation or other body established and maintained by the
Authority,
(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
exercise of that power.
      (2)
Those persons are—
(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
exercise of that power.
      (5)
Those persons are—
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(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
bodies.

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 1 — Objects and powers
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Annual plans
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
under paragraph 6,
(c)
any current performance targets established by the Agency, and
(d)
the financial resources that are expected to be available to the Agency
for that year.
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
considers appropriate.
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      (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,
and
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.
Strategic priorities
6     (1)
The Secretary of State may determine strategic priorities for the Agency.
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      (2)
Before determining any such priorities the Secretary of State must consult—
(a)
the Agency,
(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
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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—