Police and Justice Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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”.