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Police and Justice Bill


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

97

 

Local Government Act 1999 (c. 27)

15         

In section 25 of the Local Government Act 1999 (co-ordination of inspections

etc), in subsection (2), for paragraph (i) there is substituted—

“(i)   

Her Majesty’s Chief Inspector for Justice, Community Safety

and Custody.”

5

Freedom of Information Act 2000 (c. 36)

16         

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

authorities), at the appropriate place there is inserted—

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

and Custody.”

10

Criminal Justice and Police Act 2001 (c. 16)

17         

In section 90(3) of the Criminal Justice and Police Act 2001 (persons to be

consulted by Central Police Training and Development Authority before it

determines its objectives), paragraph (a) is omitted.

18         

In section 97(4) of that Act (persons to be consulted by Secretary of State

15

before making regulations about training etc), paragraph (b) is omitted.

19         

In section 98(1) of that Act (directions after inspection identifies training

needs), for the words from “a report” to “contains” there is substituted “a

report made on an inspection under Part 4 of the Police and Justice Act 2006

(inspections by Her Majesty’s Chief Inspector for Justice, Community Safety

20

and Custody) contains”.

Justice (Northern Ireland) Act 2002 (c. 26)

20    (1)  

In Schedule 8 to the Justice (Northern Ireland) Act 2002 (Chief Inspector of

Criminal Justice), paragraph 7 (delegation of functions) is amended as

follows.

25

      (2)  

For paragraph (c) of sub-paragraph (1) there is substituted—

“(c)   

the holder of the office of Her Majesty’s Chief Inspector for

Justice, Community Safety and Custody, or

(d)   

those persons who have been appointed under section

41(1) of the Police (Northern Ireland) Act 1998 as

30

inspectors of constabulary for Northern Ireland.”

      (3)  

Sub-paragraph (2) is omitted.

      (4)  

For sub-paragraph (3) there is substituted—

    “(3)  

The Secretary of State may by order amend this paragraph so as—

(a)   

to add the holder of any particular office to the persons to

35

whom the Chief Inspector may delegate functions,

(b)   

to omit a reference to the holder of an office, or

(c)   

to alter the description of an office.”

21         

In paragraph 8 of that Schedule (inspections of Police Service of Northern

Ireland etc), in sub-paragraph (1), for “those of Her Majesty’s Inspectors of

40

Constabulary” there is substituted “those persons”.

 

 

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

98

 

Police Reform Act 2002 (c. 30)

22    (1)  

In section 10 of the Police Reform Act 2002 (functions of Independent Police

Complaints Commission), for subsection (5) there is substituted—

“(5)   

It shall also be the duty of the Commission—

(a)   

to enter into arrangements with the Chief Inspector for the

5

purpose of securing co-operation, in the carrying out of their

respective functions, between the Commission and the Chief

Inspector; and

(b)   

to provide the Chief Inspector with all such assistance and co-

operation as may be required by those arrangements, or as

10

otherwise appears to the Commission to be appropriate, for

facilitating the carrying out by the Chief Inspector of his

functions.”

23         

In section 15 of that Act (general duties of inspectors etc), in subsection (1)(c),

for “every inspector of constabulary” there is substituted “the Chief

15

Inspector”.

24         

In section 29 of that Act (interpretation of Part 2), in subsection (1), at the

appropriate place there is inserted—

““Chief Inspector” means Her Majesty’s Chief Inspector for

Justice, Community Safety and Custody;”.

20

Railways and Transport Safety Act 2003 (c. 20)

25    (1)  

Section 63 of the Railways and Transport Safety Act 2003 (inspection of

British Transport Police Force) is amended as follows.

      (2)  

In subsection (1), for “Her Majesty’s Inspectors of Constabulary” there is

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

25

and Custody (“the Chief Inspector”)”.

      (3)  

In subsection (2), for “Her Majesty’s Inspectors of Constabulary” there is

substituted “The Chief Inspector”.

      (4)  

In subsection (3), for “the inspectors” there is substituted “the Chief

Inspector”.

30

      (5)  

After subsection (5) (publication of inspection report) there is inserted—

“(5A)   

The Secretary of State may exclude from publication under

subsection (5) any part of a report if, in his opinion, the publication

of that part—

(a)   

would be against the interests of national security, or

35

(b)   

might jeopardise the safety of any person.

(5B)   

The Secretary of State shall send a copy of the published report—

(a)   

to the Authority, and

(b)   

to the Chief Constable.

(5C)   

The Authority shall invite the Chief Constable to submit comments

40

on the published report to the Authority before such date as it may

specify.

(5D)   

The Authority shall prepare comments on the published report and

shall arrange for—

 

 

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

99

 

(a)   

its comments,

(b)   

any comments submitted by the Chief Constable in

accordance with subsection (5C), and

(c)   

any response which the Authority has to the comments

submitted by the Chief Constable,

5

   

to be published in such manner as appears to the Authority to be

appropriate.

(5E)   

The Authority shall send a copy of any document published under

subsection (5D) to the Secretary of State.”

      (6)  

Subsection (6) (application of section 55 of the Police Act 1996 to inspection

10

reports) is omitted.

      (7)  

In subsection (8)(a), for “Her Majesty’s Inspectors of Constabulary” there is

substituted “the Chief Inspector”.

26         

In section 64 of that Act (action after adverse inspection report), in

subsections (1), (2) and (3), for “Her Majesty’s Inspectors of Constabulary”

15

there is substituted “the Chief Inspector”.

27         

In section 67 of that Act (delegation of certain functions to chief inspector of

constabulary), for the words from “the chief inspector” to “Police (Scotland)

Act 1967” there is substituted “Her Majesty’s Chief Inspector for Justice,

Community Safety and Custody or to the chief inspector of constabulary

20

appointed under section 33 of the Police (Scotland) Act 1967”.

Courts Act 2003 (c. 39)

28         

In section 77 of the Courts Act 2003 (Family Procedure Rule Committee), in

subsection (2)(n), for “ CAFCASS” there is substituted “the Children and

Family Court Advisory and Support Service”.

25

Energy Act 2004 (c. 20)

29    (1)  

Section 62 of the Energy Act 2004 (inspection of Civil Nuclear Constabulary)

is amended as follows.

      (2)  

In subsection (1), for “Her Majesty’s Inspectors of Constabulary” there is

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

30

and Custody (“the Chief Inspector”)”.

      (3)  

In subsection (2), for “Her Majesty’s Inspectors of Constabulary” there is

substituted “The Chief Inspector”.

      (4)  

In subsections (3) and (4), for “Her Majesty’s Inspectors of Constabulary”

there is substituted “the Chief Inspector”.

35

Children Act 2004 (c. 31)

30         

In section 20 of the Children Act 2004 (joint area reviews), at the end of

subsection (4) there is inserted—

“(j)   

Her Majesty’s Chief Inspector for Justice, Community Safety

and Custody.”

40

 

 

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

100

 

Commissioners for Revenue and Customs Act 2005 (c. 11)

31         

In section 18(2) of the Commissioners for Revenue and Customs Act 2005

(disclosure permitted for purposes of inspection), in paragraph (f), for “Her

Majesty’s Inspectors of Constabulary” there is substituted “Her Majesty’s

Chief Inspector for Justice, Community Safety and Custody”.

5

32    (1)  

Section 27 of that Act (inspection) is amended as follows.

      (2)  

In subsection (1), for “Her Majesty’s Inspectors of Constabulary” there is

substituted “the Chief Inspector”.

      (3)  

In subsection (2)(a)(i)—

(a)   

for “Her Majesty’s Inspectors of Constabulary” there is substituted

10

“the Chief Inspector”;

(b)   

for “sections 54 to 56 of the Police Act 1996 (c. 16) (inspection)” there

is substituted “Part 4 of the Police and Justice Act 2006”.

      (4)  

In subsections (2)(d) and (e) and (4), for “Her Majesty’s Inspectors of

Constabulary” there is substituted “the Chief Inspector”.

15

      (5)  

In subsection (6), before paragraph (a) there is inserted—

“(za)   

“the Chief Inspector” means Her Majesty’s Chief Inspector

for Justice, Community Safety and Custody;”.

33    (1)  

Section 29 of that Act (confidentiality etc) is amended as follows.

      (2)  

In subsection (1), for “Her Majesty’s Inspectors of Constabulary” there is

20

substituted “the Chief Inspector”.

      (3)  

In subsection (10), after “a reference to” there is inserted “the Chief

Inspector,”.

34         

Section 42 of that Act (inspection of Revenue and Customs Prosecutions

Office by Crown Prosecution Service Inspectorate) is repealed.

25

Serious Organised Crime and Police Act 2005 (c. 15)

35    (1)  

Section 16 of the Serious Organised Crime and Police Act 2005 (inspection of

Serious Organised Crime Agency) is amended as follows.

      (2)  

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

there is substituted “Her Majesty’s Chief Inspector for Justice, Community

30

Safety and Custody (“the Chief Inspector”)”.

      (3)  

In subsection (2), for “HMIC” there is substituted “The Chief Inspector”.

      (4)  

In subsections (4) and (5), for “HMIC” there is substituted “the Chief

Inspector”.

      (5)  

In subsection (12), for “The inspectors” there is substituted “The Chief

35

Inspector”.

 

 

 
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