Police and Justice Bill

House of Commons

Session 2005 - 06
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Police and Justice Bill

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 2 — Membership etc
46

Chief executive
13    (1)
The Secretary of State must appoint a person to be chief executive of the
Agency.
      (2)
Before doing so, the Secretary of State must consult the chairman of the
Agency.
5
      (3)
Sub-paragraph (2) does not apply to the first appointment of a chief
executive of the Agency.
      (4)
The chief executive of the Agency is a member of its staff.
      (5)
The Agency must pay to its chief executive such remuneration and
allowances as the Secretary of State may determine.
10
Staff remuneration
14    (1)
The Agency shall pay to members of its staff such remuneration and
allowances as it may determine.
      (2)
Sub-paragraph (1) does not apply in relation to the chief executive of the
Agency.
15
      (3)
In relation to a person seconded to the Agency to serve as a member of its
staff, sub-paragraph (1) has effect subject to the arrangements under which
the person is seconded.
      (4)
Arrangements under which a person is seconded to the Agency to serve as
a member of its staff may (in particular) contain provision for the making of
20
payments by the Agency in respect of remuneration and allowances paid to
the person by another.
Staff pensions
15    (1)
The Agency may pay, or make payments in respect of, such pensions or
gratuities to or in respect of persons who are, or have been, members of its
25
staff as the Agency may determine, including pensions or gratuities by way
of compensation to or in respect of members of the Agency’s staff who suffer
loss of employment or loss or diminution of emoluments.
      (2)
In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment
to which section 1 of that Act applies), at the appropriate place under the
30
heading “Other Bodies” there is inserted—
“Employment as a member of the staff of the National Policing
Improvement Agency.”
      (3)
The Agency must pay to the Minister for the Civil Service, at such times as
that Minister may direct, such sums as that Minister may determine in
35
respect of any increase attributable to this paragraph in the sums payable
out of money provided by Parliament under the Superannuation Act 1972.
16    (1)
Sub-paragraph (2) applies where—
(a)
a person is, by reference to employment as a member of the Agency’s
staff, a participant in a scheme under section 1 of the Superannuation
40
Act 1972, and
(b)
the person becomes an appointed member of the Agency.

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 2 — Membership etc
47

      (2)
The Minister for the Civil Service may determine that the person’s service as
an appointed member of the Agency is to be treated for the purposes of the
scheme as employment as a member of the Agency’s staff (whether or not
any benefits are payable to or in respect of him under paragraph 12).
Status of staff members as constables
5
17    (1)
This paragraph applies where a person who is a constable is appointed as a
member of the Agency’s staff.
      (2)
The person continues to be a constable for the period during which he is a
member of that staff.
      (3)
If the person is appointed as chief executive, he holds the rank of chief
10
constable for the period during which he is chief executive.
      (4)
The person shall, as holder of the office of constable, be under the direction
and control of the chief executive of the Agency.
      (5)
Sub-paragraph (4) does not apply to the chief executive of the Agency.
Constables employed by the Agency: conditions of service
15
18    (1)
In relation to the terms and conditions of the contracts of employment of
employed constables, the Agency shall comply with rules or principles
contained in any document issued to it for the purpose by the Secretary of
State.
      (2)
Rules or principles under sub-paragraph (1) may (in particular)—
20
(a)
require the adoption of specified scales or ranges of pay or
allowances;
(b)
require a specified class of employed constable to be treated for
specified purposes in the same way as a specified class of employee
(whether of the Agency or not) or office-holder;
25
(c)
require the approval of the Secretary of State for changes in the
policy or practice of the Agency;
(d)
require compliance with future rules or principles, including future
rules or principles specified by a person other than the Secretary of
State;
30
(e)
make different provision for different purposes.
      (3)
In this paragraph “employed constable” means a member of the Agency’s
staff who is—
(a)
a constable, and
(b)
an employee of the Agency.
35
Regulations for constables employed by the Agency
19    (1)
The Secretary of State may by regulations make provision as to the
government, administration and conditions of service of employed or
seconded constables.
      (2)
Regulations under sub-paragraph (1) may (in particular) make provision
40
with respect to any of the following—
(a)
ranks to be held by employed or seconded constables,
(b)
qualifications for promotion of employed or seconded constables,

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 2 — Membership etc
48

(c)
voluntary retirement of a seconded constable from membership of
the Agency’s staff and from membership of the body of constables
from which he was seconded to the Agency,
(d)
the conduct, efficiency and effectiveness of employed or seconded
constables and the maintenance of discipline amongst them,
5
(e)
suspension of employed or seconded constables from the office of
constable,
(f)
suspension of seconded constables from membership of the
Agency’s staff,
(g)
maintenance of personal records of employed or seconded
10
constables,
(h)
duties which are or are not to be performed by employed or
seconded constables,
(i)
powers which may be, or are not to be, exercised by employed or
seconded constables,
15
(j)
treating attendance by seconded constables—
(i)
at meetings of the Police Federation for England and Wales,
or
(ii)
at meetings of any body recognised by the Secretary of State
for the purposes of section 64 of the Police Act 1996 (c. 16)
20
(bodies representing members of police forces who are not
members of the Police Federation),

as occasions when they are performing duties as members of the staff
of the Agency,
(k)
the hours of duty of seconded constables, their leave and, subject to
25
paragraph 14, their pay and allowances,
(l)
the issue to seconded constables, and the use and return by seconded
constables, of Agency clothing, personal equipment and
accoutrements, and
(m)
the disapplication, in relation to a seconded constable who is
30
seconded to the Agency from a body of constables that is not a police
force within the meaning given by section 101 of the Police Act 1996
(police forces for police areas in England and Wales), of provisions—
(i)
made by or under an Act, and
(ii)
relating to the government, administration and conditions of
35
service of that body of constables.
      (3)
Regulations under sub-paragraph (1) as to the conduct of employed or
seconded constables, or as to the maintenance of discipline amongst them,
may—
(a)
authorise or require provision to be made, or confer discretionary
40
powers on, the Agency, the Agency’s chief executive or other
persons, or
(b)
authorise or require the delegation by any person of functions
conferred on that person by or under the regulations.
      (4)
Regulations under sub-paragraph (1) for regulating pay and allowances
45
may be made with retrospective effect to any date specified in the
regulations, but nothing in this sub-paragraph shall be read as authorising
pay or allowances payable to any person to be reduced retrospectively.
      (5)
In this paragraph—
“employed constable” has the same meaning as in paragraph 18;
50

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 2 — Membership etc
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“seconded constable” has the same meaning as in paragraph 20.
Liability for acts of police members of staff
20    (1)
The Agency is liable for unlawful conduct of seconded constables in the
carrying out, or purported carrying out, of their functions as members of the
Agency’s staff in the same manner as an employer is liable for unlawful
5
conduct of his employees in the course of their employment.
      (2)
In the case of any such conduct by a seconded constable which is a tort, the
Agency is accordingly to be treated as a joint tortfeasor.
      (3)
In this paragraph “seconded constable” means a constable serving as a
member of the Agency’s staff without being an employee of the Agency.
10
Payment of amounts in connection with unlawful conduct of any staff
21
The Agency may, in such cases and to such extent as appear to it to be
appropriate—
(a)
pay damages or costs awarded against a member of the Agency’s
staff in proceedings for any unlawful conduct of that person,
15
(b)
pay any costs incurred and not recovered by such a person in such
proceedings, and
(c)
pay any sum required in connection with the settlement of a claim
that has, or might have, given rise to such proceedings.
Delegation to committees, sub-committees and staff
20
22    (1)
The Agency may delegate any of its functions (to such extent as the Agency
may determine) to a committee of the Agency or to a member of the
Agency’s staff.
      (2)
A committee of the Agency may delegate any functions conferred on it (to
such extent as the committee may determine) to a sub-committee of the
25
Agency or to a member of the Agency’s staff.
      (3)
A sub-committee of the Agency may delegate any functions conferred on it
(to such extent as the sub-committee may determine) to a member of the
Agency’s staff.
      (4)
A committee or sub-committee of the Agency may include persons who are
30
not members of the Agency.
      (5)
The Agency may pay remuneration and allowances to any person who—
(a)
is a member of a committee or sub-committee of the Agency, but
(b)
is not a member of the Agency or a member of its staff.
      (6)
Delegation of a function under this paragraph does not prevent the Agency
35
or, as the case may be, the committee or sub-committee from exercising the
function.
Procedure
23    (1)
The Agency may—
(a)
regulate its own procedure (including quorum), and
40

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 3 — Accountability and supervision
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(b)
regulate the procedure (including quorum) of its committees and
sub-committees.
      (2)
But the Agency must make provision for a quorum for meetings of each of
its committees and sub-committees to include at least one person who is a
member of the Agency or a member of its staff.
5
24
Proceedings of the Agency are not invalidated—
(a)
by any vacancy among the Agency’s members;
(b)
by any defect in the appointment of a member of the Agency.
Application of seal and proof of documents
25
The application of the Agency’s seal must be authenticated by the signature
10
of—
(a)
a member of the Agency, or
(b)
any other person who has been authorised by the Agency (whether
generally or specially) for that purpose.
26
A document purporting to be duly executed under the seal of the Agency or
15
to be signed on the Agency’s behalf—
(a)
shall be received in evidence, and
(b)
unless the contrary is proved, shall be treated as so executed or
signed.
Status
20
27    (1)
The Agency is not to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, privilege or immunity of the Crown.
      (2)
Accordingly, the Agency’s property is not to be regarded as property of, or
held on behalf of, the Crown.
25
Part 3
Accountability and supervision
Annual reports
28    (1)
As soon as possible after the end of each financial year the Agency must
prepare a report on the carrying out of its functions during that year.
30
      (2)
The report for a financial year (“the report”) must include an assessment of
the extent to which the annual plan for that year under paragraph 5 has been
carried out.
      (3)
The Agency must arrange for the report to be published in such manner as
it considers appropriate.
35
      (4)
The Agency must send a copy of the report 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
40

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Schedule 1 — National Policing Improvement Agency
Part 3 — Accountability and supervision
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(d)
such other persons as the Agency considers appropriate.
      (5)
The Secretary of State must lay a copy of the report before each House of
Parliament.
Reports to Secretary of State
29    (1)
The Secretary of State may require the Agency to submit a report to him on
5
specified matters—
(a)
connected with the carrying out of its functions, or
(b)
otherwise connected with any of its activities.
      (2)
A report under sub-paragraph (1) must be in such form as the Secretary of
State may specify.
10
      (3)
The Secretary of State may arrange, or require the Agency to arrange, for a
report under this paragraph to be published in such manner as he considers
appropriate.
      (4)
The Secretary of State may exclude any part of a report from publication
under sub-paragraph (3) if he considers that publication of that part—
15
(a)
would be against the interests of national security,
(b)
could prejudice the prevention or detection of crime or the
apprehension or prosecution of offenders, or
(c)
could jeopardise the safety of any person.
      (5)
For the purposes of sub-paragraph (4)(b) “the detection of crime” shall be
20
taken to include establishing by whom, for what purpose, by what means
and generally in what circumstances any crime was committed.
      (6)
For the purposes of sub-paragraphs (4)(b) and (5) “crime” means conduct—
(a)
which constitutes one or more criminal offences under the law of a
part of the United Kingdom, or
25
(b)
which is, or corresponds to, any conduct which, if it all took place in
one part of the United Kingdom, would constitute one or more
criminal offences under the law of that part.
Inspections
30    (1)
The Secretary of State may require Her Majesty’s Chief Inspector for Justice,
30
Community Safety and Custody to inspect, and report on, the efficiency and
effectiveness of the Agency.
      (2)
A requirement under sub-paragraph (1) may be general or relate to a
particular matter.
      (3)
Section 28 (powers of persons carrying out inspections) applies to a person
35
involved in the carrying out of an inspection under sub-paragraph (1) as it
applies to a person involved in the carrying out of an inspection under Part
4 of this Act.
Inspection reports
31    (1)
The Secretary of State must arrange for a report under paragraph 30(1) to be
40
published in such manner as he considers appropriate.

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Schedule 1 — National Policing Improvement Agency
Part 4 — Financial provision
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      (2)
The Secretary of State may exclude any part of a report from publication
under sub-paragraph (1) if he considers that publication of that part—
(a)
would be against the interests of national security,
(b)
could prejudice the prevention or detection of crime or the
apprehension or prosecution of offenders, or
5
(c)
could jeopardise the safety of any person.
      (3)
The Secretary of State must send a copy of the published report to the
Agency.
      (4)
The Agency must—
(a)
prepare comments on the published report, and
10
(b)
arrange for its comments to be published in such manner as it
considers appropriate.
      (5)
The Agency must send a copy of any document published under sub-
paragraph (4) to the Secretary of State.
      (6)
For the purposes of sub-paragraph (2)(b) “the detection of crime” shall be
15
taken to include establishing by whom, for what purpose, by what means
and generally in what circumstances any crime was committed.
      (7)
For the purposes of sub-paragraphs (2)(b) and (6) “crime” means conduct—
(a)
which constitutes one or more criminal offences under the law of a
part of the United Kingdom, or
20
(b)
which is, or corresponds to, any conduct which, if it all took place in
one part of the United Kingdom, would constitute one or more
criminal offences under the law of that part.
Post-inspection directions
32    (1)
Sub-paragraph (2) applies where a report made to the Secretary of State
25
under paragraph 30(1) states—
(a)
that the Agency is failing to carry out any of its functions efficiently
and effectively, whether generally or in particular respects, or
(b)
that, unless remedial measures are taken, the Agency will cease to
carry out any of its functions efficiently and effectively, whether
30
generally or in particular respects.
      (2)
The Secretary of State may direct the Agency to take such measures as may
be specified in the direction.
Part 4
Financial provision
35
Payments by Secretary of State to the Agency
33
The Secretary of State may make payments to the Agency.
Charges by the Agency and other receipts
34    (1)
The Agency may make such charges as it considers appropriate in
connection with the carrying out of any of its functions.
40