Police and Justice Bill

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