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Police and Justice Bill


Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 2 — Membership etc

41

 

(a)   

to the doing of things by the Agency in relation to any of the persons

mentioned in sub-paragraph (4) in exercise of its power under

paragraph 2(1), or

(b)   

to the doing of things by the Agency in exercise of that power that

may or will affect what it may do in relation to any of those persons

5

in future exercise of that power,

           

but before determining any such priorities so far as so relating, the Secretary

of State must consult the Scottish Ministers.

      (4)  

Those persons are—

(a)   

a police force maintained under or by virtue of section 1 of the Police

10

(Scotland) Act 1967 (c. 77),

(b)   

cadets under the control of the chief constable of such a force,

(c)   

persons employed for the purposes of such a force,

(d)   

the Scottish Police Services Authority, or

(e)   

any institution, organisation or other body established and

15

maintained by that Authority.

      (5)  

The Secretary of State must arrange for any priorities determined under this

paragraph to be published in such manner as he considers appropriate.

Part 2

Membership etc

20

Chairman and other members

7     (1)  

The Agency is to consist of—

(a)   

a chairman appointed by the Secretary of State,

(b)   

the chief executive of the Agency, and

(c)   

other members appointed by the Secretary of State.

25

      (2)  

Before appointing the chairman of the Agency, the Secretary of State must

consult—

(a)   

persons whom he considers to represent the interests of police

authorities for police areas in England and Wales, and

(b)   

persons whom he considers to represent the interests of chief officers

30

of police of police forces in England and Wales.

      (3)  

The Secretary of State may not appoint a person to be chairman of the

Agency for more than five years at a time.

      (4)  

The Secretary of State must exercise his power under sub-paragraph (1)(c) to

ensure that at all times the members appointed under that provision

35

include—

(a)   

at least one member nominated by persons whom the Secretary of

State considers to represent the interests of police authorities for

police areas in England and Wales,

(b)   

at least one member nominated by persons whom the Secretary of

40

State considers to represent the interests of chief officers of police of

police forces in England and Wales, and

(c)   

at least one member of Her Majesty’s Home Civil Service.

      (5)  

The Secretary of State may not under sub-paragraph (1)(c) appoint a person

to be a member of the Agency for more than five years at a time.

45

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 2 — Membership etc

42

 

      (6)  

In this Part of this Schedule “appointed member” means—

(a)   

the chairman of the Agency, or

(b)   

a member appointed under sub-paragraph (1)(c).

Tenure

8          

Subject to paragraphs 9 and 10, an appointed member of the Agency shall

5

hold and vacate office in accordance with the terms of his appointment.

9          

An appointed member may resign by giving written notice to the Secretary

of State.

10         

The Secretary of State may remove a person from office as an appointed

member if the Secretary of State is satisfied that—

10

(a)   

the person has been absent from meetings of the Agency, without its

permission, for a period longer than four months,

(b)   

the person has been convicted of an offence in the British Islands or

elsewhere,

(c)   

a bankruptcy order has been made against the person, or the

15

person’s estate has been sequestrated, or the person has made a

composition or arrangement with, or granted a trust deed for, his

creditors,

(d)   

the person has failed to comply with the terms of his appointment, or

(e)   

the person is unable or unfit to carry out his functions.

20

Re-appointment

11         

Previous service as an appointed member of the Agency does not affect a

person’s eligibility for re-appointment.

Remuneration, pensions etc of appointed members

12    (1)  

The Agency must pay to the appointed members such remuneration and

25

allowances as the Secretary of State may determine.

      (2)  

The Agency must, if required to do so by the Secretary of State—

(a)   

pay to or in respect of a person who is or has been an appointed

member such pensions or gratuities as the Secretary of State may

determine;

30

(b)   

pay such sums as the Secretary of State may determine towards

provision for the payment of pensions or gratuities to or in respect of

a person who is or has been an appointed member.

      (3)  

Sub-paragraph (4) applies if—

(a)   

a person ceases to be an appointed member of the Agency, and

35

(b)   

it appears to the Secretary of State that there are special

circumstances which make it appropriate for the person to receive

compensation.

      (4)  

The Secretary of State may require the Agency to pay to the person such

amount as the Secretary of State may determine.

40

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 2 — Membership etc

43

 

Chief executive

13    (1)  

The Secretary of State must appoint a person to be chief executive of the

Agency.

      (2)  

Before doing so, the Secretary of State must consult the chairman of the

Agency.

5

      (3)  

Sub-paragraph (2) does not apply to the first appointment of a chief

executive of the Agency.

      (4)  

The chief executive of the Agency is a member of its staff.

      (5)  

The Agency must pay to its chief executive such remuneration and

allowances as the Secretary of State may determine.

10

Staff remuneration

14    (1)  

The Agency shall pay to members of its staff such remuneration and

allowances as it may determine.

      (2)  

Sub-paragraph (1) does not apply in relation to the chief executive of the

Agency.

15

      (3)  

In relation to a person seconded to the Agency to serve as a member of its

staff, sub-paragraph (1) has effect subject to the arrangements under which

the person is seconded.

      (4)  

Arrangements under which a person is seconded to the Agency to serve as

a member of its staff may (in particular) contain provision for the making of

20

payments by the Agency in respect of remuneration and allowances paid to

the person by another.

Staff pensions

15    (1)  

The Agency may pay, or make payments in respect of, such pensions or

gratuities to or in respect of persons who are, or have been, members of its

25

staff as the Agency may determine, including pensions or gratuities by way

of compensation to or in respect of members of the Agency’s staff who suffer

loss of employment or loss or diminution of emoluments.

      (2)  

In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment

to which section 1 of that Act applies), at the appropriate place under the

30

heading “Other Bodies” there is inserted—

“Employment as a member of the staff of the National Policing

Improvement Agency.”

      (3)  

The Agency must pay to the Minister for the Civil Service, at such times as

that Minister may direct, such sums as that Minister may determine in

35

respect of any increase attributable to this paragraph in the sums payable

out of money provided by Parliament under the Superannuation Act 1972.

16    (1)  

Sub-paragraph (2) applies where—

(a)   

a person is, by reference to employment as a member of the Agency’s

staff, a participant in a scheme under section 1 of the Superannuation

40

Act 1972, and

(b)   

the person becomes an appointed member of the Agency.

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 2 — Membership etc

44

 

      (2)  

The Minister for the Civil Service may determine that the person’s service as

an appointed member of the Agency is to be treated for the purposes of the

scheme as employment as a member of the Agency’s staff (whether or not

any benefits are payable to or in respect of him under paragraph 12).

Status of staff members as constables

5

17    (1)  

This paragraph applies where a person who is a constable is appointed as a

member of the Agency’s staff.

      (2)  

The person continues to be a constable for the period during which he is a

member of that staff.

      (3)  

If the person is appointed as chief executive, he holds the rank of chief

10

constable for the period during which he is chief executive.

Liability for acts of police members of staff

18    (1)  

The Agency is liable for unlawful conduct of seconded constables in the

carrying out, or purported carrying out, of their functions as members of the

Agency’s staff in the same manner as an employer is liable for unlawful

15

conduct of his employees in the course of their employment.

      (2)  

In the case of any such conduct by a seconded constable which is a tort, the

Agency is accordingly to be treated as a joint tortfeasor.

      (3)  

In this paragraph “seconded constable” means a constable serving as a

member of the Agency’s staff without being an employee of the Agency.

20

Payment of amounts in connection with unlawful conduct of any staff

19         

The Agency may, in such cases and to such extent as appear to it to be

appropriate—

(a)   

pay damages or costs awarded against a member of the Agency’s

staff in proceedings for any unlawful conduct of that person,

25

(b)   

pay any costs incurred and not recovered by such a person in such

proceedings, and

(c)   

pay any sum required in connection with the settlement of a claim

that has, or might have, given rise to such proceedings.

Delegation to committees, sub-committees and staff

30

20    (1)  

The Agency may delegate any of its functions (to such extent as the Agency

may determine) to a committee of the Agency or to a member of the

Agency’s staff.

      (2)  

A committee of the Agency may delegate any functions conferred on it (to

such extent as the committee may determine) to a sub-committee of the

35

Agency or to a member of the Agency’s staff.

      (3)  

A sub-committee of the Agency may delegate any functions conferred on it

(to such extent as the sub-committee may determine) to a member of the

Agency’s staff.

      (4)  

A committee or sub-committee of the Agency may include persons who are

40

not members of the Agency.

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 3 — Accountability and supervision

45

 

      (5)  

The Agency may pay remuneration and allowances to any person who—

(a)   

is a member of a committee or sub-committee of the Agency, but

(b)   

is not a member of the Agency or a member of its staff.

      (6)  

Delegation of a function under this paragraph does not prevent the Agency

or, as the case may be, the committee or sub-committee from exercising the

5

function.

Procedure

21    (1)  

The Agency may—

(a)   

regulate its own procedure (including quorum), and

(b)   

regulate the procedure (including quorum) of its committees and

10

sub-committees.

      (2)  

But the Agency must make provision for a quorum for meetings of each of

its committees and sub-committees to include at least one person who is a

member of the Agency or a member of its staff.

22         

Proceedings of the Agency are not invalidated—

15

(a)   

by any vacancy among the Agency’s members;

(b)   

by any defect in the appointment of a member of the Agency.

Application of seal and proof of documents

23         

The application of the Agency’s seal must be authenticated by the signature

of—

20

(a)   

a member of the Agency, or

(b)   

any other person who has been authorised by the Agency (whether

generally or specially) for that purpose.

24         

A document purporting to be duly executed under the seal of the Agency or

to be signed on the Agency’s behalf—

25

(a)   

shall be received in evidence, and

(b)   

unless the contrary is proved, shall be treated as so executed or

signed.

Status

25    (1)  

The Agency is not to be regarded—

30

(a)   

as the servant or agent of the Crown, or

(b)   

as enjoying any status, privilege or immunity of the Crown.

      (2)  

Accordingly, the Agency’s property is not to be regarded as property of, or

held on behalf of, the Crown.

Part 3

35

Accountability and supervision

Annual reports

26    (1)  

As soon as possible after the end of each financial year the Agency must

prepare a report on the carrying out of its functions during that year.

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 3 — Accountability and supervision

46

 

      (2)  

The report for a financial year (“the report”) must include an assessment of

the extent to which the annual plan for that year under paragraph 5 has been

carried out.

      (3)  

The Agency must arrange for the report to be published in such manner as

it considers appropriate.

5

      (4)  

The Agency must send a copy of the report 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

10

(d)   

such other persons as the Agency considers appropriate.

      (5)  

The Secretary of State must lay a copy of the report before each House of

Parliament.

Reports to Secretary of State

27    (1)  

The Secretary of State may require the Agency to submit a report to him on

15

specified matters—

(a)   

connected with the carrying out of its functions, or

(b)   

otherwise connected with any of its activities.

      (2)  

A report under sub-paragraph (1) must be in such form as the Secretary of

State may specify.

20

      (3)  

The Secretary of State may arrange, or require the Agency to arrange, for a

report under this paragraph to be published in such manner as he considers

appropriate.

      (4)  

The Secretary of State may exclude any part of a report from publication

under sub-paragraph (3) if he considers that publication of that part—

25

(a)   

would be against the interests of national security,

(b)   

could prejudice the prevention or detection of crime or the

apprehension or prosecution of offenders, or

(c)   

could jeopardise the safety of any person.

      (5)  

For the purposes of sub-paragraph (4)(b) “the detection of crime” shall be

30

taken to include establishing by whom, for what purpose, by what means

and generally in what circumstances any crime was committed.

      (6)  

For the purposes of sub-paragraphs (4)(b) and (5) “crime” means conduct—

(a)   

which constitutes one or more criminal offences under the law of a

part of the United Kingdom, or

35

(b)   

which is, or corresponds to, any conduct which, if it all took place in

one part of the United Kingdom would constitute one or more

criminal offences under the law of that part.

Inspections

28    (1)  

The Secretary of State may require Her Majesty’s Chief Inspector for Justice,

40

Community Safety and Custody to inspect, and report on, the efficiency and

effectiveness of the Agency.

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 3 — Accountability and supervision

47

 

      (2)  

A requirement under sub-paragraph (1) may be general or relate to a

particular matter.

      (3)  

Section 26 (powers of persons carrying out inspections) applies to a person

involved in the carrying out of an inspection under sub-paragraph (1) as it

applies to a person involved in the carrying out of an inspection under Part

5

4 of this Act.

Inspection reports

29    (1)  

The Secretary of State must arrange for a report under paragraph 28(1) to be

published in such manner as he considers appropriate.

      (2)  

The Secretary of State may exclude any part of a report from publication

10

under sub-paragraph (1) if he considers that publication of that part—

(a)   

would be against the interests of national security,

(b)   

could prejudice the prevention or detection of crime or the

apprehension or prosecution of offenders, or

(c)   

could jeopardise the safety of any person.

15

      (3)  

The Secretary of State must send a copy of the published report to the

Agency.

      (4)  

The Agency must—

(a)   

prepare comments on the published report, and

(b)   

arrange for its comments to be published in such manner as it

20

considers appropriate.

      (5)  

The Agency must send a copy of any document published under sub-

paragraph (4) to the Secretary of State.

      (6)  

For the purposes of sub-paragraph (2)(b) “the detection of crime” shall be

taken to include establishing by whom, for what purpose, by what means

25

and generally in what circumstances any crime was committed.

      (7)  

For the purposes of sub-paragraphs (2)(b) and (6) “crime” means conduct—

(a)   

which constitutes one or more criminal offences under the law of a

part of the United Kingdom, or

(b)   

which is, or corresponds to, any conduct which, if it all took place in

30

one part of the United Kingdom would constitute one or more

criminal offences under the law of that part.

Post-inspection directions

30    (1)  

Sub-paragraph (2) applies where a report made to the Secretary of State

under paragraph 28(1) states—

35

(a)   

that the Agency is failing to carry out any of its functions efficiently

and effectively, whether generally or in particular respects, or

(b)   

that, unless remedial measures are taken, the Agency will cease to

carry out any of its functions efficiently and effectively, whether

generally or in particular respects.

40

      (2)  

The Secretary of State may direct the Agency to take such measures as may

be specified in the direction.

 

 

 
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