House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Police and Justice Bill


Police and Justice Bill
Schedule 6 — Amendments to the Crime and Disorder Act 1998

83

 

a local authority;

a joint authority;

the London Fire and Emergency Planning Authority;

a fire and rescue authority constituted by a scheme under

section 2 of the Fire and Rescue Services Act 2004 or a scheme

5

to which section 4 of that Act applies;

a metropolitan county fire authority;

a police authority;

a National Park authority;

the Broads Authority.”

10

      (4)  

After subsection (3) there is inserted—

“(4)   

The appropriate national authority may by order amend this section

by—

(a)   

adding an entry for any person or body to the list of

authorities in subsection (2),

15

(b)   

altering or repealing any entry for the time being included in

the list, or

(c)   

adding, altering or repealing provisions for the interpretation

of entries in the list.

(5)   

In subsection (4) “the appropriate national authority” has the same

20

meaning as in section 5.”

5          

After section 17 there is inserted—

“17A    

Sharing of information

(1)   

A relevant authority is under a duty to disclose to all other relevant

authorities any information held by the authority which is of a

25

prescribed description, at such intervals and in such form as may be

prescribed.

(2)   

In subsection (1) “prescribed” means prescribed in regulations made

by the Secretary of State.

(3)   

The Secretary of State may only prescribe descriptions of

30

information which appears to him to be of potential relevance in

relation to the reduction of crime and disorder in any area of England

and Wales (including anti-social or other behaviour adversely

affecting the local environment in that area).

(4)   

Nothing in this section requires a relevant authority to disclose any

35

personal data (within the meaning of the Data Protection Act 1998).

(5)   

In this section “relevant authority” means an authority in England

and Wales which is for the time being a relevant authority for the

purposes of section 115.”

6     (1)  

Section 114 (orders and regulations) is amended as follows.

40

      (2)  

In subsection (2)—

(a)   

for “6A(1) or 10(6)” there is substituted “10(6) or 17A”;

(b)   

after “regulations under” there is inserted “section 6 or”.

      (3)  

In subsection (3)—

 

 

Police and Justice Bill
Schedule 7 — Injunctions in local authority proceedings: powers to remand

84

 

(a)   

after “1F,” there is inserted “5(6),”;

(b)   

for “38(5) or 41(6)” there is substituted “17(4), 38(5), 41(6) or 115(3)”.

      (4)  

After that subsection there is inserted—

“(4)   

The Secretary of State must consult the National Assembly for Wales

before making an order under section 5(6), 17(4) or 115(3) that relates

5

to a person or body any of whose functions are dischargeable in

relation to Wales (not being functions of the kind referred to in

section 5(8)).”

7     (1)  

Section 115 (disclosure of information) is amended as follows.

      (2)  

In subsection (2), for “subsection (1) above” there is substituted “this

10

section”, and at the end there is inserted—

“(h)   

the London Fire and Emergency Planning Authority;

(i)   

a fire and rescue authority constituted by a scheme under

section 2 of the Fire and Rescue Services Act 2004 or a scheme

to which section 4 of that Act applies;

15

(j)   

a metropolitan county fire and rescue authority.”

      (3)  

After that subsection there is inserted—

“(3)   

The appropriate national authority may by order amend this section

so far as it extends to England and Wales by—

(a)   

adding an entry for any person or body to the list of

20

authorities in subsection (2),

(b)   

altering or repealing any entry for the time being included in

the list, or

(c)   

adding, altering or repealing provisions for the interpretation

of entries in the list.

25

(4)   

In subsection (3) “the appropriate national authority” has the same

meaning as in section 5.”

Schedule 7

Section 20

 

Injunctions in local authority proceedings: powers to remand

Introductory

30

1     (1)  

The provisions of this Schedule apply where the court has power to remand

a person under section 20(6) (injunctions in local authority proceedings:

power of arrest and remand).

      (2)  

In this Schedule “the court” has the same meaning as in section 20.

Remand in custody or on bail

35

2     (1)  

The court may—

(a)   

remand the person in custody, that is, commit him to custody to be

brought before the court at the end of the period of remand or at such

earlier time as the court may require, or

(b)   

remand him on bail, in accordance with the following provisions.

40

 

 

Police and Justice Bill
Schedule 7 — Injunctions in local authority proceedings: powers to remand

85

 

      (2)  

The court may remand the person on bail—

(a)   

by taking from him a recognizance, with or without sureties,

conditioned as provided in paragraph 3, or

(b)   

by fixing the amount of the recognizances with a view to their being

taken subsequently, and in the meantime committing him to custody

5

as mentioned in sub-paragraph (1)(a).

      (3)  

Where a person is brought before the court after remand, the court may

further remand him.

3     (1)  

Where a person is remanded on bail, the court may direct that his

recognizance be conditioned for his appearance—

10

(a)   

before that court at the end of the period of remand, or

(b)   

at every time and place to which during the course of the

proceedings the hearing may from time to time be adjourned.

      (2)  

Where a recognizance is conditioned for a person’s appearance as

mentioned in sub-paragraph (1)(b), the fixing of any time for him next to

15

appear shall be deemed to be a remand.

      (3)  

Nothing in this paragraph affects the power of the court at any subsequent

hearing to remand him afresh.

4     (1)  

The court shall not remand a person for a period exceeding eight clear days

except that—

20

(a)   

if the court remands him on bail, it may remand him for a longer

period if he and the other party consent, and

(b)   

if the court adjourns a case under section 20(9) (remand for medical

examination and report) the court may remand him for the period of

adjournment.

25

      (2)  

Where the court has the power to remand a person in custody it may, if the

remand is for a period not exceeding three clear days, commit him to the

custody of a constable.

Further remand

5     (1)  

If the court is satisfied that a person who has been remanded is unable by

30

reason of illness or accident to appear or be brought before the court at the

expiration of the period for which he was remanded, the court may, in his

absence, remand him for a further time.

      (2)  

The power mentioned in sub-paragraph (1) may, in the case of a person who

was remanded on bail, be exercised by enlarging his recognizance and those

35

of any sureties for him to a later time.

      (3)  

Where a person remanded on bail is bound to appear before the court at any

time and the court has no power to remand him under sub-paragraph (1),

the court may in his absence enlarge his recognizance and those of any

sureties for him to a later time.

40

      (4)  

The enlargement of his recognizance shall be deemed to be a further

remand.

      (5)  

Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers

conferred by this paragraph.

 

 

Police and Justice Bill
Schedule 8 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody

86

 

Postponement of taking recognizance

6          

Where under paragraph 2(2)(b) the court fixes the amount in which the

principal and his sureties, if any, are to be bound, the recognizance may

afterwards be taken by such person as may be prescribed by rules of court,

with the same consequences as if it had been entered into before the court.

5

Requirements imposed on remand on bail

7          

The court may when remanding a person on bail under this Schedule

require him to comply, before release on bail or later, with such

requirements as appear to the court to be necessary to secure that he does not

interfere with witnesses or otherwise obstruct the course of justice.

10

Schedule 8

Section 28

 

Her Majesty’s Chief Inspector for Justice, Community Safety and Custody

Tenure of Chief Inspector

1     (1)  

Subject to the following provisions, the Chief Inspector holds office in

accordance with the terms of his appointment (or re-appointment).

15

      (2)  

The Chief Inspector may not be appointed for more than five years at a time.

      (3)  

The Chief Inspector may resign by notice in writing given to the responsible

ministers.

      (4)  

The responsible ministers may remove the Chief Inspector from office if

satisfied that—

20

(a)   

he has without reasonable excuse failed to exercise his functions for

a continuous period of three months beginning not earlier than six

months before the day of his removal from office,

(b)   

he has been convicted of a criminal offence,

(c)   

a bankruptcy order has been made against him, or his estate has been

25

sequestrated, or he has made a composition or arrangement with, or

granted a trust deed for, his creditors, or

(d)   

he is otherwise unable or unfit to exercise his functions.

Designation of person to discharge functions of Chief Inspector

2     (1)  

The responsible ministers may designate a person to discharge the functions

30

of the office of Chief Inspector while that office is vacant.

      (2)  

A designation under this paragraph may have effect for a period of up to

two years.

3          

The Chief Inspector, or the responsible ministers if he is unable to do so, may

designate a person to discharge the functions of the Chief Inspector during

35

any period when he is absent or unable to act.

Salary etc of Chief Inspector

4     (1)  

The responsible ministers shall pay to or in respect of the Chief Inspector

such—

 

 

Police and Justice Bill
Schedule 8 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody

87

 

(a)   

salary,

(b)   

allowances, and

(c)   

sums for the provision of pensions,

           

as the responsible ministers determine.

      (2)  

Sub-paragraph (3) applies where a person who by reference to any office or

5

employment is a participant in a scheme under section 1 of the

Superannuation Act 1972 (c. 11) becomes the Chief Inspector.

      (3)  

The Minister for the Civil Service may determine that (instead of payments

being made to the person under sub-paragraph (1)(c)) his service as Chief

Inspector is to be treated for the purposes of the scheme as service in the

10

office or employment in question.

Staff

5     (1)  

The Chief Inspector may employ staff, but subject to the approval of the

responsible ministers as to—

(a)   

numbers;

15

(b)   

salary;

(c)   

other terms of employment.

      (2)  

The Chief Inspector may make arrangements for securing the provision to

him of such assistance as he considers appropriate for or in connection with

the exercise of his functions.

20

      (3)  

In exercising his functions under sub-paragraphs (1) and (2) the Chief

Inspector shall secure that there is available to him sufficient expertise and

experience relating to the systems and organisations falling within the scope

of his duties under sections 22 and 23.

      (4)  

Employment as a member of staff of the Chief Inspector is among the kinds

25

of employment to which a superannuation scheme under section 1 of the

Superannuation Act 1972 can apply.

           

Accordingly, in Schedule 1 to that Act (employments etc to which section 1

can apply), at the appropriate place in the list of “Other Bodies” there is

inserted—

30

“Employment by Her Majesty’s Chief Inspector for Justice,

Community Safety and Custody.”

      (5)  

The Chief Inspector shall pay to the Minister for the Civil Service, at such

times as the Minister may direct, such sums as the Minister may determine

in respect of any increase attributable to sub-paragraph (4) in the sums

35

payable out of money provided by Parliament under the Superannuation

Act 1972.

Expenses of Chief Inspector

6          

The responsible ministers may make to or in respect of the Chief Inspector

payments in respect of expenditure incurred by him in the discharge of his

40

functions, including expenditure on payments to or in respect of staff.

Ancillary powers of Chief Inspector

7          

The Chief Inspector may do anything that he considers necessary or

expedient for the purposes of, or in connection with, his functions.

 

 

Police and Justice Bill
Schedule 8 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody

88

 

Delegation of functions

8     (1)  

The Chief Inspector may delegate any of his functions (to such extent as he

may determine) to—

(a)   

any member of his staff;

(b)   

any person providing assistance by virtue of paragraph 5(2);

5

(c)   

another public authority.

      (2)  

If the carrying out of an inspection is delegated under sub-paragraph (1) it is

nevertheless to be regarded for the purposes of this Part as carried out by the

Chief Inspector.

Inspection programmes and inspection frameworks

10

9     (1)  

The Chief Inspector shall from time to time, or at such times as the

responsible ministers may specify by order, prepare—

(a)   

a document setting out what inspections he proposes to carry out (an

“inspection programme”);

(b)   

a document setting out the manner in which he proposes to carry out

15

his functions of inspecting and reporting (an “inspection

framework”).

      (2)  

Before preparing an inspection programme or an inspection framework the

Chief Inspector shall consult—

(a)   

the responsible ministers,

20

(b)   

the Lord Chief Justice,

(c)   

the inspection authorities listed in section 24(6),

(d)   

the National Assembly for Wales,

(e)   

the Auditor General for Wales, and

(f)   

any other person or body specified by an order made by the

25

responsible ministers,

           

and he shall send to each of those persons or bodies a copy of each

programme or framework once it is prepared.

      (3)  

The responsible ministers may by order specify the form that inspection

programmes or inspection frameworks are to take.

30

Inspections by other inspectors of organisations within Chief Inspector’s remit

10    (1)  

If—

(a)   

a person or body within sub-paragraph (2) is proposing to carry out

an inspection that would involve inspecting a specified organisation,

and

35

(b)   

the Chief Inspector considers that the proposed inspection would

impose an unreasonable burden on that organisation, or would do so

if carried out in a particular manner,

           

the Chief Inspector shall, subject to sub-paragraph (7), give a notice to that

person or body not to carry out the proposed inspection, or not to carry it out

40

in that manner.

      (2)  

The persons or bodies within this sub-paragraph are—

(a)   

Her Majesty’s Chief Inspector of Schools in England;

(b)   

the Adult Learning Inspectorate;

 

 

Police and Justice Bill
Schedule 8 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody

89

 

(c)   

the Commission for Healthcare Audit and Inspection;

(d)   

the Commission for Social Care Inspection;

(e)   

the Audit Commission.

      (3)  

The responsible ministers may by order amend sub-paragraph (2).

      (4)  

In sub-paragraph (1)(a) “specified organisation” means a person or body

5

specified by order made by the responsible ministers.

      (5)  

A person or body may be specified under sub-paragraph (4) only if it

exercises functions within any of the systems mentioned in section 22(1).

      (6)  

A person or body may be specified under sub-paragraph (4) in relation to

particular functions that it has.

10

           

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read

as referring to an inspection that would involve inspecting the discharge of

any of its functions in relation to which it is specified.

      (7)  

The responsible ministers may by order specify cases or circumstances in

which a notice need not, or may not, be given under this paragraph.

15

      (8)  

Where a notice is given under this paragraph, the proposed inspection is not

to be carried out, or (as the case may be) is not to be carried out in the manner

mentioned in the notice.

           

This is subject to sub-paragraph (9).

      (9)  

The responsible ministers, if satisfied that the proposed inspection—

20

(a)   

would not impose an unreasonable burden on the organisation in

question, or

(b)   

would not do so if carried out in a particular manner,

           

may give consent to the inspection being carried out, or being carried out in

that manner.

25

     (10)  

The responsible ministers may by order make provision supplementing that

made by this paragraph, including in particular—

(a)   

provision about the form of notices;

(b)   

provision prescribing the period within which notices are to be

given;

30

(c)   

provision prescribing circumstances in which notices are, or are not,

to be made public;

(d)   

provision for revising or withdrawing notices;

(e)   

provision for setting aside notices not validly given.

Co-operation

35

11    (1)  

The Chief Inspector shall co-operate with—

(a)   

the inspection authorities listed in section 24(6), and

(b)   

any other public authority specified by order made by the

responsible ministers,

           

where it is appropriate to do so for the efficient and effective discharge of his

40

functions.

      (2)  

Sub-paragraph (1), so far as it applies to the discharge of functions of the

Chief Inspector with regard to devolved Welsh matters, has effect as if

paragraph (a) included a reference to the Auditor General for Wales.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 25 January 2006