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Police and Justice Bill


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

90

 

      (3)  

The Chief Inspector shall—

(a)   

enter into arrangements with the Independent Police Complaints

Commission for the purposes of securing co-operation, in the

carrying out of their respective functions, between him and the

Commission;

5

(b)   

ensure that members of his staff and persons providing assistance to

him by virtue of paragraph 5(2) provide the Commission with all

such assistance and co-operation as may be required by those

arrangements or as otherwise appears to the Chief Inspector to be

appropriate for facilitating the carrying out by the Commission of its

10

functions.

Joint action

12    (1)  

The Chief Inspector may act jointly with another public authority where it is

appropriate to do so for the efficient and effective discharge of his functions.

      (2)  

The Chief Inspector shall act jointly with the Audit Commission when

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carrying out—

(a)   

an inspection into the discharge by police authorities in England of

their functions;

(b)   

an inspection into the discharge in England of functions conferred by

or under section 6 of the Crime and Disorder Act 1998 (c. 37) (crime

20

and disorder strategies).

      (3)  

The Chief Inspector shall act jointly with the Auditor General for Wales

when carrying out—

(a)   

an inspection into the discharge by police authorities in Wales of

their functions;

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(b)   

an inspection into the discharge in Wales of functions conferred by

or under section 6 of the Crime and Disorder Act 1998.

Assistance for other public authorities

13    (1)  

The Chief Inspector may if he thinks it appropriate to do so provide

assistance to any other public authority for the purpose of the exercise by

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that authority of its functions.

      (2)  

Assistance under this paragraph may be provided on such terms as the Chief

Inspector thinks fit.

Inspections carried out under arrangements

14    (1)  

The Chief Inspector may make arrangements with the relevant authority

35

for—

(a)   

the carrying out by him of inspections in England and Wales of any

institution or matter falling outside the scope of his duties under

sections 22 and 23;

(b)   

the carrying out by him in Northern Ireland of inspections that fall

40

outside the scope of those duties;

(c)   

the carrying out by him of inspections outside the United Kingdom

of any institution or matter.

      (2)  

The “relevant authority” is—

 

 

Police and Justice Bill
Schedule 9 — Transfer of staff and property etc to the Chief Inspector

91

 

(a)   

for the purposes of sub-paragraph (1)(a) or (b), the public authority

responsible for the institution or matter in question;

(b)   

for the purposes of sub-paragraph (1)(c), the authority in the

jurisdiction concerned that is responsible for the institution or matter

in question.

5

      (3)  

Inspections under this paragraph may be carried out on such terms as the

Chief Inspector thinks fit.

Charges

15         

The Chief Inspector may, with the consent of the responsible ministers, enter

into arrangements for charges to be made—

10

(a)   

for providing assistance under paragraph 13;

(b)   

for carrying out inspections under paragraph 14;

(c)   

for providing any other services that the Chief Inspector is not under

a duty to provide.

Inspections relating to devolved Welsh matters

15

16    (1)  

The Chief Inspector may not carry out an inspection that relates (to any

extent) to devolved Welsh matters without the agreement of the National

Assembly for Wales.

      (2)  

Sub-paragraph (1) does not apply to an inspection that the Chief Inspector is

directed to carry out under section 25(1).

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Schedule 9

Section 30

 

Transfer of staff and property etc to the Chief Inspector

Staff transfer schemes

1     (1)  

The responsible ministers may make a scheme (a “staff transfer scheme”)

containing provision about persons employed by or in the service of any of

25

the following—

(a)   

Her Majesty’s Chief Inspector of Prisons;

(b)   

Her Majesty’s Inspectors of Constabulary;

(c)   

Her Majesty’s Chief Inspector of the Crown Prosecution Service;

(d)   

Her Majesty’s Inspectorate of the National Probation Service for

30

England and Wales;

(e)   

Her Majesty’s Inspectorate of Court Administration.

      (2)  

A staff transfer scheme may provide—

(a)   

for a person employed as mentioned in sub-paragraph (1) to become

an employee of the Chief Inspector;

35

(b)   

for the contract of employment that the person had before becoming

an employee of the Chief Inspector to have effect (subject to any

necessary modifications) as if originally made between him and the

Chief Inspector;

(c)   

for the transfer to the Chief Inspector of the rights, powers, duties

40

and liabilities of the employer under or in connection with the

 

 

Police and Justice Bill
Schedule 9 — Transfer of staff and property etc to the Chief Inspector

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contract of employment of a person who becomes an employee of the

Chief Inspector by virtue of the scheme;

(d)   

for anything done before that transfer by or in relation to the

employer in respect of such a contract or the employee to be treated

as having been done by or in relation to the Chief Inspector.

5

      (3)  

A staff transfer scheme may make provision for periods before a person

became an employee of the Chief Inspector to count as periods of

employment with the Chief Inspector (and for the operation of the scheme

not to be treated as having interrupted the continuity of that employment).

      (4)  

A staff transfer scheme may provide for a person who—

10

(a)   

is employed as mentioned in sub-paragraph (1), and

(b)   

would otherwise become an employee of the Chief Inspector by the

operation of the scheme,

           

not to become an employee of the Chief Inspector if the person gives notice

objecting to the operation of the scheme in relation to him.

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      (5)  

A staff transfer scheme may provide for any person who would be treated

(whether by an enactment or otherwise) as being dismissed by the operation

of the scheme not to be so treated.

      (6)  

A staff transfer scheme may—

(a)   

provide for the termination of the employment of a person employed

20

as mentioned in sub-paragraph (1);

(b)   

contain provision as to the consequences of such termination

(including provision removing any entitlement to compensation that

might otherwise arise in such circumstances).

      (7)  

The responsible ministers may make a payment of such amount (if any) as

25

they may determine to a person whose employment is terminated under

provision made by virtue of sub-paragraph (6).

2     (1)  

A staff transfer scheme may make provision—

(a)   

for an existing secondment to have effect, from a time appointed by

the scheme, as a secondment to the Chief Inspector, and

30

(b)   

for the seconded person to serve from that time as a member of the

Chief Inspector’s staff.

      (2)  

If the seconded person informs the Chief Inspector, or the person or body to

which or by which he is seconded, that he objects to the existing secondment

becoming a secondment to the Chief Inspector—

35

(a)   

the scheme does not cause the existing secondment to become a

secondment to the Chief Inspector;

(b)   

the existing secondment is terminated immediately before the time

mentioned in sub-paragraph (1)(a) (so that the person returns at that

time to the body by which he was seconded).

40

      (3)  

In this paragraph “existing secondment” means a secondment by virtue of

which a person is a member of the staff of a person or body mentioned in

paragraph 1(1).

3          

Before making a staff transfer scheme, the responsible ministers shall

consult such persons appearing to represent the interests of the employees

45

concerned as the responsible ministers consider appropriate.

 

 

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Schedule 10 — The Chief Inspector: consequential amendments

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Property transfer schemes

4     (1)  

The responsible ministers may make a scheme (a “property transfer

scheme”) providing for the transfer to the Chief Inspector of property, rights

and liabilities of any of the following—

(a)   

Her Majesty’s Chief Inspector of Prisons;

5

(b)   

Her Majesty’s Inspectors of Constabulary;

(c)   

Her Majesty’s Chief Inspector of the Crown Prosecution Service;

(d)   

Her Majesty’s Inspectorate of the National Probation Service for

England and Wales;

(e)   

Her Majesty’s Inspectorate of Court Administration.

10

      (2)  

A property transfer scheme may—

(a)   

create rights, or impose liabilities, in relation to property or rights

transferred by virtue of the scheme;

(b)   

provide for things done by or in relation to persons or bodies

mentioned in paragraphs (a) to (e) of sub-paragraph (1) to be treated

15

as done, or to be continued, by or in relation to the Chief Inspector or

members of his staff;

(c)   

make provision about the continuation of legal proceedings.

      (3)  

The things that may be transferred by a property transfer scheme include—

(a)   

property, rights and liabilities that could not otherwise be

20

transferred;

(b)   

property acquired, and rights and liabilities arising, after the making

of the scheme.

5          

Any property, right or liability that is the subject of a property transfer

scheme is, by virtue of this paragraph, transferred at the time appointed by

25

or under the scheme for its transfer.

Supplementary

6          

A staff transfer scheme or a property transfer scheme may contain—

(a)   

provision for the responsible ministers, or any other person

nominated by or in accordance with the scheme, to determine any

30

matter requiring determination under or in consequence of the

scheme;

(b)   

provision as to the payment of fees charged, or expenses incurred, by

a person nominated to determine any matter by virtue of paragraph

(a);

35

(c)   

supplementary, incidental, transitional and consequential provision.

Schedule 10

Section 31

 

The Chief Inspector: consequential amendments

Pensions (Increase) Act 1971 (c. 56)

1          

In paragraph 15 of Schedule 2 to the Pensions (Increase) Act 1971 (official

40

 

 

Police and Justice Bill
Schedule 10 — The Chief Inspector: consequential amendments

94

 

pensions for police), after sub-paragraph (c) there is inserted—

“(ca)   

was serving as a member of staff of Her Majesty’s Chief

Inspector for Justice, Community Safety and Custody and

who immediately before becoming a member of staff of the

Chief Inspector was serving as an inspector or assistant

5

inspector of constabulary under the Police Act 1996; or”.

House of Commons Disqualification Act 1975 (c. 24)

2          

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(disqualifying offices), at the appropriate place there is inserted—

“Her Majesty’s Chief Inspector for Justice, Community Safety

10

and Custody.”

Police Pensions Act 1976 (c. 35)

3          

In section 7(2) of the Police Pensions Act 1976 (persons eligible for police

pensions), for paragraph (c) there is substituted—

“(c)   

a person appointed as Her Majesty’s Chief Inspector for

15

Justice, Community Safety and Custody (“the Chief

Inspector”) who immediately before his appointment took

effect was serving as a member of a police force or as an

inspector or assistant inspector of constabulary;

(cza)   

a member of staff of the Chief Inspector who immediately

20

before he became a member of the Chief Inspector’s staff was

serving as a member of a police force or as an inspector or

assistant inspector of constabulary;”.

4     (1)  

Section 11 of that Act (interpretation) is amended as follows.

      (2)  

In subsection (1), for paragraph (b) there is substituted—

25

“(b)   

service as Her Majesty’s Chief Inspector for Justice,

Community Safety and Custody (“the Chief Inspector”) by a

person who immediately before his appointment took effect

was serving as a member of a police force or as an inspector

or assistant inspector of constabulary;

30

(bza)   

service as a member of staff of the Chief Inspector by a person

who immediately before he became a member of the Chief

Inspector’s staff was serving as a member of a police force or

as an inspector or assistant inspector of constabulary;”.

      (3)  

In subsection (2), after paragraph (ba) there is inserted—

35

“(bb)   

in relation to any such service as is mentioned in paragraph

(b) or (bza) of subsection (1) or any service of the kind

described in section 97(1)(b) of the Police Act 1996, it means

the Secretary of State, the Lord Chancellor and the Attorney

General;”.

40

      (4)  

In subsection (3)(b), after “(b)” there is inserted “, (bza)”.

5          

Paragraphs 3 and 4 do not affect the operation of the Police Pensions Act

1976 in relation to any person’s service as an inspector or assistant inspector

of constabulary.

 

 

Police and Justice Bill
Schedule 10 — The Chief Inspector: consequential amendments

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Race Relations Act 1976 (c. 74)

6          

In Schedule 1A to the Race Relations Act 1976 (bodies and other persons

subject to general statutory duty), in Part 2 under the heading “Regulatory,

audit and inspection”—

(a)   

at the appropriate place there is inserted—

5

“Her Majesty’s Chief Inspector for Justice, Community Safety

and Custody.”;

(b)   

“Her Majesty’s Inspectorate of Court Administration.” is omitted.

Ministry of Defence Police Act 1987 (c. 4)

7     (1)  

Section 4B of the Ministry of Defence Police Act 1987 (inspection of Ministry

10

of Defence Police) is amended as follows.

      (2)  

In subsection (1), for “The inspectors of constabulary” there is substituted

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

(“the Chief Inspector”)”.

      (3)  

In subsections (2) and (5), for “the inspectors of constabulary” there is

15

substituted “the Chief Inspector”.

      (4)  

In subsection (4), for “The inspectors of constabulary” there is substituted

“The Chief Inspector”.

      (5)  

In subsection (6), the definition of “the inspectors of constabulary” is

omitted.

20

Police Act 1996 (c. 16)

8     (1)  

Section 53A of the Police Act 1996 (regulation of procedures and practices)

is amended as follows.

      (2)  

In subsection (2) (persons from whom Secretary of State must seek advice

before making regulations), paragraph (a) is omitted.

25

      (3)  

In subsection (6) (requirements to be satisfied before making regulations), at

the end of paragraph (a) there is inserted “and” and for paragraphs (b) and

(c) there is substituted—

“(b)   

he is satisfied as to the matters mentioned in subsection (7).”

9          

In section 97 of that Act (police officers engaged on service outside their

30

force), in subsection (1)(b), for “temporary service under section 56” there is

substituted “temporary service as a member of staff of Her Majesty’s Chief

Inspector for Justice, Community Safety and Custody”.

10         

Paragraph 9 does not affect the operation of the Pensions (Increase) Act 1971

(c. 56) or the Police Pensions Act 1976 (c. 35) in relation to any person’s

35

temporary service under the Police Act 1996 as an assistant inspector of

constabulary or a staff officer to the inspectors of constabulary.

11    (1)  

Schedule 6 to that Act (appeals to police appeals tribunals) is amended as

follows.

      (2)  

In paragraph 1(1) (membership of police appeals tribunals), in paragraph

40

 

 

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Schedule 10 — The Chief Inspector: consequential amendments

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(c), for sub-paragraph (i) there is substituted—

“(i)   

is (or has within the previous five years been) Her

Majesty’s Chief Inspector for Justice, Community

Safety and Custody or a member of his staff,

(ia)   

has within the previous five years been an

5

Inspector of Constabulary, or”.

      (3)  

After paragraph 1(1) there is inserted—

   “(1A)  

The reference in sub-paragraph (1)(c)(i) to the staff of the Chief

Inspector includes a reference to persons providing him with

assistance by virtue of arrangements made under paragraph 5(2)

10

of Schedule 8 to the Police and Justice Act 2006.”

Audit Commission Act 1998 (c. 18)

12    (1)  

Section 37 of the Audit Commission Act 1998 is amended as follows.

      (2)  

In the heading, for “CHAI and CSCI” there is substituted “other bodies and

persons”.

15

      (3)  

After subsection (1) there is inserted—

“(1A)   

The Audit Commission may provide assistance to Her Majesty’s

Chief Inspector for Justice, Community Safety and Custody in the

discharge of any of his functions.”

      (4)  

For subsection (2) there is substituted—

20

“(2)   

Assistance under subsection (1) or (1A) may be provided on such

terms, including terms as to payment, as the Audit Commission and

the body or person in question may agree.”

Police (Northern Ireland) Act 1998 (c. 32)

13         

In subsection (1) of section 27 of the Police (Northern Ireland) Act 1998

25

(members of the Police Service of Northern Ireland engaged on other police

service), in paragraph (e), for “temporary service as an inspector of

constabulary under section 56 of the Police Act 1996” there is substituted

“temporary service as a member of staff of Her Majesty’s Chief Inspector for

Justice, Community Safety and Custody”.

30

14    (1)  

Section 41 of that Act (appointment of inspectors of constabulary) is

amended as follows.

      (2)  

In subsection (1), for “Her Majesty’s Inspectors of Constabulary appointed

under section 54 of the Police Act 1996” there is substituted “Her Majesty’s

Chief Inspector for Justice, Community Safety and Custody and his staff”.

35

      (3)  

After subsection (1) there is inserted—

“(1A)   

The reference in subsection (1) to the staff of the Chief Inspector

includes a reference to persons providing him with assistance by

virtue of arrangements made under paragraph 5(2) of Schedule 8 to

the Police and Justice Act 2006.”

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