Police and Justice Bill

House of Commons

Session 2005 - 06
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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.