|
| |
|
| |
| |
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 National Park authority; |
| |
| 10 |
(4) | After subsection (3) there is inserted— |
| |
“(4) | The appropriate national authority may by order amend this section |
| |
| |
(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 |
| |
| |
(c) | adding, altering or repealing provisions for the interpretation |
| |
| |
(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 |
| |
| |
(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 |
| |
(a) | for “6A(1) or 10(6)” there is substituted “10(6) or 17A”; |
| |
(b) | after “regulations under” there is inserted “section 6 or”. |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
(c) | adding, altering or repealing provisions for the interpretation |
| |
| 25 |
(4) | In subsection (3) “the appropriate national authority” has the same |
| |
meaning as in section 5.” |
| |
| |
| |
Injunctions in local authority proceedings: powers to remand |
| |
| 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 |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| 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 |
| |
| 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 |
| |
| |
| |
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 |
| |
| |
(5) | Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers |
| |
conferred by this paragraph. |
| |
|
| |
|
| |
|
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 |
| |
| |
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 |
| |
| |
(4) | The responsible ministers may remove the Chief Inspector from office if |
| |
| 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 |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
| |
| |
(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. |
| |
| |
5 (1) | The Chief Inspector may employ staff, but subject to the approval of the |
| |
responsible ministers as to— |
| |
| 15 |
| |
(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 |
| |
| 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 |
| |
| |
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. |
| |
|
| |
|
| |
|
| |
8 (1) | The Chief Inspector may delegate any of his functions (to such extent as he |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(b) | a document setting out the manner in which he proposes to carry out |
| 15 |
his functions of inspecting and reporting (an “inspection |
| |
| |
(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 |
| |
| 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 |
| |
| |
(a) | a person or body within sub-paragraph (2) is proposing to carry out |
| |
an inspection that would involve inspecting a specified organisation, |
| |
| 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 |
| |
(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; |
| |
|
| |
|
| |
|
(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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
| 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 |
| |
| 30 |
(c) | provision prescribing circumstances in which notices are, or are not, |
| |
| |
(d) | provision for revising or withdrawing notices; |
| |
(e) | provision for setting aside notices not validly given. |
| |
| 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 |
| |
| |
| where it is appropriate to do so for the efficient and effective discharge of his |
| 40 |
| |
(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. |
| |
|
| |
|