|
| |
|
(d) | Her Majesty’s Inspectorate of the National Probation Service for |
| |
| |
(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 |
| |
| 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 |
| |
| |
(b) | property acquired, and rights and liabilities arising, after the making |
| 15 |
| |
5 | At the time appointed for the purpose by a property transfer scheme— |
| |
(a) | property, rights and liabilities for whose transfer the scheme |
| |
| |
(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. |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(c) | supplementary, incidental, transitional and consequential provision. |
| |
| |
| |
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”. |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
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, |
| |
| |
(a) | at the appropriate place there is inserted— |
| |
“Her Majesty’s Chief Inspector for Justice, Community Safety |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
(5) | In subsection (6), the definition of “the inspectors of constabulary” is |
| |
| |
| |
8 (1) | Section 53A of the Police Act 1996 (regulation of procedures and practices) |
| 15 |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
(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 |
| |
| |
(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 |
| |
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 |
| |
|
| |
|
| |
|
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 |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(5D) | The Authority shall prepare comments on the published report and |
| 30 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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” |
| |
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”. |
| |
| |
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”. |
| |
| |
29 (1) | Section 62 of the Energy Act 2004 (inspection of Civil Nuclear Constabulary) |
| |
| 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 |
| |
| |
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 |
| |
| |
(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 |
|
| |
|