|
| |
|
(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 |
| |
| 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 |
| |
| |
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 |
| 15 |
| |
(a) | an inspection into the discharge by police authorities in England of |
| |
| |
(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 |
| |
| |
(a) | an inspection into the discharge by police authorities in Wales of |
| |
| 25 |
(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 |
| 30 |
that authority of its functions. |
| |
(2) | Assistance under this paragraph may be provided on such terms as the Chief |
| |
| |
Inspections carried out under arrangements |
| |
14 (1) | The Chief Inspector may make arrangements with the relevant authority |
| 35 |
| |
(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 |
| |
| |
(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— |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
(3) | Inspections under this paragraph may be carried out on such terms as the |
| |
Chief Inspector thinks fit. |
| |
| |
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 |
| |
| |
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 |
| |
| |
(2) | Sub-paragraph (1) does not apply to an inspection that the Chief Inspector is |
| |
directed to carry out under section 25(1). |
| 20 |
| |
| |
Transfer of staff and property etc to the Chief Inspector |
| |
| |
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 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
| 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. |
| 15 |
(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 |
| |
| |
(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 |
| |
| |
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. |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(b) | property acquired, and rights and liabilities arising, after the making |
| |
| |
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. |
| |
| |
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 |
| |
| |
(b) | provision as to the payment of fees charged, or expenses incurred, by |
| |
a person nominated to determine any matter by virtue of paragraph |
| |
| 35 |
(c) | supplementary, incidental, transitional and consequential provision. |
| |
| |
| |
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 |
|
| |
|
| |
|
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 |
| |
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 |
| |
| 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 |
| |
| |
|
| |
|
| |
|
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, |
| |
| |
(a) | at the appropriate place there is inserted— |
| 5 |
“Her Majesty’s Chief Inspector for Justice, Community Safety |
| |
| |
(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 |
| |
| |
(5) | In subsection (6), the definition of “the inspectors of constabulary” is |
| |
| 20 |
| |
8 (1) | Section 53A of the Police Act 1996 (regulation of procedures and practices) |
| |
| |
(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 |
| |
| |
(2) | In paragraph 1(1) (membership of police appeals tribunals), in paragraph |
| 40 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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.” |
| 40 |
|
| |
|