Police and Justice Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Part 6 — Supplemental
39

(i)
paragraph 27 of Schedule 15, and
(ii)
section 47 so far as relating to that paragraph,

come into force in accordance with provision made by order by the National
Assembly for Wales.
(9)
For the purposes of subsection (8), each of the following is a “relevant Welsh
5
landlord”—
(a)
a Welsh county council or county borough council;
(b)
a registered social landlord on the register maintained by the National
Assembly for Wales;
(c)
a housing action trust for an area in Wales.
10
(10)
The provision that may (by virtue of section 44(3)(c)) be made in an order
under this section bringing section 3 into force includes provision prescribing
modifications of Part 1 of the Local Government Act 1999 (c. 27) in its
application to police authorities.
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Extent
15
(1)
Subject to subsections (2) to (4), Parts 1 to 5 extend to England and Wales only.
(2)
The following provisions extend also to Scotland and Northern Ireland—
section 1(2)(b);
Parts 5 and 6 of Schedule 1 (and section 1(3) so far as relating to those
Parts);
20
Part 4;
section 39;
section 42.
(3)
Section 41 and Schedule 13 extend to Northern Ireland only.
(4)
Any amendment or repeal made by this Act extends to the same part or parts
25
of the United Kingdom as the provision to which it relates.
(5)
In section 63 of the Immigration, Asylum and Nationality Act 2006 (extent),
after subsection (3) (power to extend Act to Channel Islands or Isle of Man with
or without modification or adaptation) there is inserted—
“(3A)
In subsection (3), the reference to this Act includes—
30
(a)
a reference to this Act as it has effect with the amendments and
repeals made in it by the Police and Justice Act 2006, and
(b)
a reference to this Act as it has effect without those amendments
and repeals.”
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Short title
35
This Act may be cited as the Police and Justice Act 2006.

40
Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 1 — Objects and powers

Schedules
Schedule 1
Section 1

National Policing Improvement Agency
Part 1
Objects and powers
5
The Agency’s objects
1
The objects of the Agency are—
(a)
the identification, development and promulgation of good practice
in policing;
(b)
the provision to listed police forces of expert advice about, and
10
expert assistance in connection with, operational and other policing
matters;
(c)
the identification and assessment of—
(i)
opportunities for, and
(ii)
threats to,
15

police forces within the meaning given by section 101 of the Police
Act 1996 (c. 16) (police forces for police areas in England and Wales),
and the making of recommendations to the Secretary of State in the
light of its assessment of any opportunities and threats;
(d)
the international sharing of understanding of policing issues;
20
(e)
the provision of support to listed police forces in connection with—
(i)
information technology,
(ii)
the procurement of goods, other property and services, and
(iii)
training and other personnel matters;
(f)
the doing of all such other things as are incidental or conducive to the
25
attainment of any of the objects mentioned in paragraphs (a) to (e).
The Agency’s principal power
2     (1)
The Agency may do anything it considers appropriate for the attainment of
its objects, subject to sub-paragraphs (4) and (5).
      (2)
In exercise of the power under sub-paragraph (1), the Agency—
30
(a)
for the purpose of providing such support to listed police forces as is
mentioned in paragraph 1(e)—
(i)
may carry on activities itself with a view to forces making use
of what is provided through the carrying-on of the activities,
(ii)
may support forces in their carrying-on of activities
35
themselves, and

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 1 — Objects and powers
41

(iii)
may support forces in any other way the Agency considers
appropriate; and
(b)
may (subject to sub-paragraph (4)) accept gifts, and loans, of money
and other property.
      (3)
The terms on which the Agency accepts a gift or loan of money or other
5
property may (in particular) include provision for the commercial
sponsorship of any activity of the Agency.
      (4)
The Agency may borrow money or other property only with the consent of
the Secretary of State.
      (5)
In the case of a restrictedly listed police force, the Agency may provide
10
advice, assistance or support to or for the force only with the agreement of—
(a)
the entity within paragraph 3(3)(k) to (r) that is comprised in the
force,
(b)
the person whose control that entity is under, or
(c)
the authority responsible for maintaining that entity.
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      (6)
Sub-paragraphs (2) and (3) are to be taken not to prejudice the generality of
sub-paragraph (1).
Meaning of “listed police force” and “restrictedly listed police force” in paragraphs 1 and 2
3     (1)
In paragraphs 1 and 2(2) “listed police force” means an entity within sub-
paragraph (3), together with persons employed for the purposes of the
20
entity.
      (2)
In paragraph 2(5) “restrictedly listed police force” means an entity within
sub-paragraph (3)(k) to (r), together with persons employed for the
purposes of the entity.
      (3)
Those entities are—
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(a)
any police force within the meaning given by section 101 of the Police
Act 1996 (c. 16) (police forces for police areas in England and Wales),
including the cadets and special constables under the control of the
chief officer of police of that force,
(b)
the Serious Organised Crime Agency,
30
(c)
the Ministry of Defence Police,
(d)
the Royal Navy Regulating Branch,
(e)
the Royal Military Police,
(f)
the Royal Air Force Police,
(g)
the Royal Marines Police,
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(h)
the British Transport Police Force, including the cadets and special
constables under the direction and control of the chief constable of
that force,
(i)
the Civil Nuclear Constabulary,
(j)
any person who under sub-paragraph (4) is to be treated as a listed
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police force,
(k)
any police force maintained under or by virtue of section 1 of the
Police (Scotland) Act 1967 (c. 77), including the cadets under the
control of the chief constable of that force,

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 1 — Objects and powers
42

(l)
the Scottish Police Services Authority and any institution,
organisation or other body established and maintained by the
Authority,
(m)
the Police Service of Northern Ireland,
(n)
the Police Service of Northern Ireland Reserve,
5
(o)
the States of Jersey Police Force,
(p)
the salaried police force of the Island of Guernsey,
(q)
the Isle of Man Constabulary, and
(r)
any person who is engaged outside the United Kingdom in the
carrying-on of activities similar to any carried on by a police force
10
within the meaning given by section 101 of the Police Act 1996 (c. 16).
      (4)
The Secretary of State may by order provide for a person specified in the
order, or of a description so specified, to be treated as being a listed police
force for the purposes of paragraphs 1 and 2(2).
Consultation: exercise of powers in relation to Scotland or Northern Ireland
15
4     (1)
The Agency must consult the Scottish consultees—
(a)
before doing anything in relation to any of the persons mentioned in
sub-paragraph (2) in exercise of its power under paragraph 2(1), and
(b)
before doing anything in exercise of that power that may or will
affect what it may do in relation to any of those persons in future
20
exercise of that power.
      (2)
Those persons are—
(a)
a police force maintained under or by virtue of section 1 of the Police
(Scotland) Act 1967 (c. 77),
(b)
cadets under the control of the chief constable of such a force,
25
(c)
persons employed for the purposes of such a force,
(d)
the Scottish Police Services Authority, and
(e)
any institution, organisation or other body established and
maintained by that Authority.
      (3)
In sub-paragraph (1) “the Scottish consultees” means—
30
(a)
the Scottish Police Services Authority, and
(b)
persons whom the Agency considers to represent the interests of
chief constables of police forces in Scotland.
      (4)
The Agency must consult the Secretary of State—
(a)
before doing anything in relation to any of the persons mentioned in
35
sub-paragraph (5) in exercise of its power under paragraph 2(1), and
(b)
before doing anything in exercise of that power that may or will
affect what it may do in relation to any of those persons in future
exercise of that power.
      (5)
Those persons are—
40
(a)
the Police Service of Northern Ireland,
(b)
the Police Service of Northern Ireland Reserve, and
(c)
persons employed for the purposes of either (or both) of those
bodies.

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 1 — Objects and powers
43

Annual plans
5     (1)
Before the beginning of each financial year the Agency must prepare a plan
setting out how it intends during that year to exercise its powers.
      (2)
The plan for a financial year (“the plan”) must state—
(a)
any priorities that the Agency has determined for that year,
5
(b)
any current strategic priorities determined by the Secretary of State
under paragraph 6,
(c)
any current performance targets established by the Agency, and
(d)
the financial resources that are expected to be available to the Agency
for that year.
10
      (3)
Priorities within sub-paragraph (2)(a)—
(a)
may relate to matters to which strategic priorities determined under
paragraph 6 also relate, or
(b)
may relate to other matters,

but in any event must be so framed as to be consistent with strategic
15
priorities determined under that paragraph.
      (4)
The plan must state, in relation to each priority within sub-paragraph (2)(a)
or (b), how the Agency intends to give effect to that priority.
      (5)
The Agency must arrange for the plan to be published in such manner as it
considers appropriate.
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      (6)
The Agency must send a copy of the plan to—
(a)
the Secretary of State,
(b)
the police authority for each police area in England and Wales,
(c)
the chief officer of police of each police force in England and Wales,
and
25
(d)
such other persons as the Agency considers appropriate.
      (7)
Before finalising the plan, the Agency must consult—
(a)
the Secretary of State,
(b)
persons whom the Agency considers to represent the interests of
police authorities for police areas in England and Wales,
30
(c)
persons whom the Agency considers to represent the interests of
chief officers of police of police forces in England and Wales, and
(d)
such other persons as the Agency considers appropriate.
Strategic priorities
6     (1)
The Secretary of State may determine strategic priorities for the Agency.
35
      (2)
Before determining any such priorities the Secretary of State must consult—
(a)
the Agency,
(b)
persons whom he considers to represent the interests of chief officers
of police of police forces in England and Wales, and
(c)
persons whom he considers to represent the interests of police
40
authorities for police areas in England and Wales.
      (3)
Sub-paragraph (2)(b) and (c) do not apply in relation to strategic priorities
for the Agency so far as the priorities relate—

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 2 — Membership etc
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(a)
to the doing of things by the Agency in relation to any of the persons
mentioned in sub-paragraph (4) in exercise of its power under
paragraph 2(1), or
(b)
to the doing of things by the Agency in exercise of that power that
may or will affect what it may do in relation to any of those persons
5
in future exercise of that power,

but before determining any such priorities so far as so relating, the Secretary
of State must consult the Scottish Ministers.
      (4)
Those persons are—
(a)
a police force maintained under or by virtue of section 1 of the Police
10
(Scotland) Act 1967 (c. 77),
(b)
cadets under the control of the chief constable of such a force,
(c)
persons employed for the purposes of such a force,
(d)
the Scottish Police Services Authority, and
(e)
any institution, organisation or other body established and
15
maintained by that Authority.
      (5)
The Secretary of State must arrange for any priorities determined under this
paragraph to be published in such manner as he considers appropriate.
Part 2
Membership etc
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Chairman and other members
7     (1)
The Agency is to consist of—
(a)
a chairman appointed by the Secretary of State,
(b)
the chief executive of the Agency, and
(c)
other members appointed by the Secretary of State.
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      (2)
Before appointing the chairman of the Agency, the Secretary of State must
consult—
(a)
persons whom he considers to represent the interests of police
authorities for police areas in England and Wales, and
(b)
persons whom he considers to represent the interests of chief officers
30
of police of police forces in England and Wales.
      (3)
The Secretary of State may not appoint a person to be chairman of the
Agency for more than five years at a time.
      (4)
The Secretary of State must exercise his power under sub-paragraph (1)(c) to
ensure that at all times the members appointed under that provision
35
include—
(a)
at least one member nominated by persons whom the Secretary of
State considers to represent the interests of police authorities for
police areas in England and Wales,
(b)
at least one member nominated by persons whom the Secretary of
40
State considers to represent the interests of chief officers of police of
police forces in England and Wales, and
(c)
at least one member of Her Majesty’s Home Civil Service.
      (5)
The Secretary of State may not under sub-paragraph (1)(c) appoint a person
to be a member of the Agency for more than five years at a time.
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Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 2 — Membership etc
45

      (6)
In this Part of this Schedule “appointed member” means—
(a)
the chairman of the Agency, or
(b)
a member appointed under sub-paragraph (1)(c).
Tenure
8
Subject to paragraphs 9 and 10, an appointed member of the Agency shall
5
hold and vacate office in accordance with the terms of his appointment.
9
An appointed member may resign by giving written notice to the Secretary
of State.
10
The Secretary of State may remove a person from office as an appointed
member if the Secretary of State is satisfied that—
10
(a)
the person has been absent from meetings of the Agency, without its
permission, for a period longer than four months,
(b)
the person has been convicted of an offence in the British Islands or
elsewhere,
(c)
a bankruptcy order has been made against the person, or the
15
person’s estate has been sequestrated, or the person has made a
composition or arrangement with, or granted a trust deed for, his
creditors,
(d)
the person has failed to comply with the terms of his appointment, or
(e)
the person is unable or unfit to carry out his functions.
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Re-appointment
11
Previous service as an appointed member of the Agency does not affect a
person’s eligibility for re-appointment.
Remuneration, pensions etc of appointed members
12    (1)
The Agency must pay to the appointed members such remuneration and
25
allowances as the Secretary of State may determine.
      (2)
The Agency must, if required to do so by the Secretary of State—
(a)
pay to or in respect of a person who is or has been an appointed
member such pensions or gratuities as the Secretary of State may
determine;
30
(b)
pay such sums as the Secretary of State may determine towards
provision for the payment of pensions or gratuities to or in respect of
a person who is or has been an appointed member.
      (3)
Sub-paragraph (4) applies if—
(a)
a person ceases to be an appointed member of the Agency, and
35
(b)
it appears to the Secretary of State that there are special
circumstances which make it appropriate for the person to receive
compensation.
      (4)
The Secretary of State may require the Agency to pay to the person such
amount as the Secretary of State may determine.
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