|
| |
|
(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 |
| |
| |
(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. |
| |
| |
(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. |
| |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
|
| |
|
| |
|
(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). |
| |
| |
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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
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 |
| |
| 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 |
| |
| |
(4) | The Secretary of State may require the Agency to pay to the person such |
| |
amount as the Secretary of State may determine. |
| 40 |
|
| |
|
| |
|
| |
13 (1) | The Secretary of State must appoint a person to be chief executive of the |
| |
| |
(2) | Before doing so, the Secretary of State must consult the chairman of the |
| |
| 5 |
(3) | Sub-paragraph (2) does not apply to the first appointment of a chief |
| |
| |
(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 |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
| |
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 |
| |
| |
(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 |
| |
(b) | the person becomes an appointed member of the Agency. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(4) | A committee or sub-committee of the Agency may include persons who are |
| 40 |
not members of the Agency. |
| |
|
| |
|
| |
|
(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 |
| |
| |
| |
(a) | regulate its own procedure (including quorum), and |
| |
(b) | regulate the procedure (including quorum) of its committees and |
| 10 |
| |
(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 |
| |
| 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 |
| |
| |
| |
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. |
| |
| 35 |
Accountability and supervision |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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, |
| |
| 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 |
| |
| |
Reports to Secretary of State |
| |
27 (1) | The Secretary of State may require the Agency to submit a report to him on |
| 15 |
| |
(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 |
| |
| 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 |
| |
| |
(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. |
| |
| |
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. |
| |
|
| |
|
| |
|
(2) | A requirement under sub-paragraph (1) may be general or relate to a |
| |
| |
(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 |
| |
| |
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 |
| |
| |
| |
(a) | prepare comments on the published report, and |
| |
(b) | arrange for its comments to be published in such manner as it |
| 20 |
| |
(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. |
| |
|
| |
|