House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Police and Justice Bill


Police and Justice Bill
Schedule 11 — The Chief Inspector: consequential amendments

101

 

(d)   

Her Majesty’s Inspectorate of the National Probation Service for

England and Wales;

(e)   

Her Majesty’s Inspectorate of Court Administration.

      (2)  

A property transfer scheme may—

(a)   

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

5

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

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

members of his staff;

10

(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

transferred;

(b)   

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

15

of the scheme.

5          

At the time appointed for the purpose by a property transfer scheme—

(a)   

property, rights and liabilities for whose transfer the scheme

provides,

(b)   

rights for whose creation the scheme provides, and

20

(c)   

liabilities for whose imposition the scheme provides,

           

are, by virtue of this paragraph, transferred or (as the case may be) created

or imposed in accordance with the scheme.

Supplementary

6          

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

25

(a)   

provision for the responsible ministers, or any other person

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

matter requiring determination under or in consequence of the

scheme;

(b)   

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

30

a person nominated to determine any matter by virtue of paragraph

(a);

(c)   

supplementary, incidental, transitional and consequential provision.

Schedule 11

Section 33

 

The Chief Inspector: consequential amendments

35

Pensions (Increase) Act 1971 (c. 56)

1          

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

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

40

who immediately before becoming a member of staff of the

Chief Inspector was serving as an inspector or assistant

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

 

 

Police and Justice Bill
Schedule 11 — The Chief Inspector: consequential amendments

102

 

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

and Custody.”

5

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

Justice, Community Safety and Custody (“the Chief

10

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

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

15

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—

“(b)   

service as Her Majesty’s Chief Inspector for Justice,

20

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;

(bza)   

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

25

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—

“(bb)   

in relation to any such service as is mentioned in paragraph

30

(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;”.

      (4)  

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

35

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.

Race Relations Act 1976 (c. 74)

6          

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

40

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

audit and inspection”—

(a)   

at the appropriate place there is inserted—

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

and Custody.”;

45

 

 

Police and Justice Bill
Schedule 11 — The Chief Inspector: consequential amendments

103

 

(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

of Defence Police) is amended as follows.

      (2)  

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

5

“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

substituted “the Chief Inspector”.

      (4)  

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

10

“The Chief Inspector”.

      (5)  

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

omitted.

Police Act 1996 (c. 16)

8     (1)  

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

15

is amended as follows.

      (2)  

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

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

      (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

20

(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

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

25

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

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

constabulary or a staff officer to the inspectors of constabulary.

30

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

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

“(i)   

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

35

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

Inspector of Constabulary, or”.

      (3)  

After paragraph 1(1) there is inserted—

40

   “(1A)  

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

Inspector includes a reference to persons providing him with

 

 

Police and Justice Bill
Schedule 11 — The Chief Inspector: consequential amendments

104

 

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

of Schedule 9 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

5

persons”.

      (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.”

10

      (4)  

For subsection (2) there is substituted—

“(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)

15

13         

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

(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

20

Justice, Community Safety and Custody”.

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

25

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

      (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 9 to

30

the Police and Justice Act 2006.”

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

35

and Custody.”

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

40

and Custody.”

 

 

Police and Justice Bill
Schedule 11 — The Chief Inspector: consequential amendments

105

 

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

5

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

10

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.

15

      (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

20

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

25

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

30

Constabulary” there is substituted “those persons”.

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—

35

(a)   

to enter into arrangements with the Chief Inspector for the

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-

40

operation as may be required by those arrangements, or as

otherwise appears to the Commission to be appropriate, for

facilitating the carrying out by the Chief Inspector of his

functions.”

 

 

Police and Justice Bill
Schedule 11 — The Chief Inspector: consequential amendments

106

 

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

Inspector”.

24         

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

appropriate place there is inserted—

5

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

Justice, Community Safety and Custody;”.

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.

10

      (2)  

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

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

and Custody (“the Chief Inspector”)”.

      (3)  

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

substituted “The Chief Inspector”.

15

      (4)  

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

Inspector”.

      (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

20

of that part—

(a)   

would be against the interests of national security, or

(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

25

(b)   

to the Chief Constable.

(5C)   

The Authority shall invite the Chief Constable to submit comments

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

30

shall arrange for—

(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

35

submitted by the Chief Constable,

   

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.”

40

      (6)  

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

reports) is omitted.

      (7)  

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

substituted “the Chief Inspector”.

 

 

Police and Justice Bill
Schedule 11 — The Chief Inspector: consequential amendments

107

 

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”

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)

5

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

Community Safety and Custody or to the chief inspector of constabulary

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

10

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

Family Court Advisory and Support Service”.

Energy Act 2004 (c. 20)

29    (1)  

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

is amended as follows.

15

      (2)  

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

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

and Custody (“the Chief Inspector”)”.

      (3)  

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

substituted “The Chief Inspector”.

20

      (4)  

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

there is substituted “the Chief Inspector”.

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—

25

“(j)   

Her Majesty’s Chief Inspector for Justice, Community Safety

and Custody.”

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

30

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

Chief Inspector for Justice, Community Safety and Custody”.

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”.

35

      (3)  

In subsection (2)(a)(i)—

(a)   

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

“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”.

40

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 29 March 2006