|
| |
|
(2) | The Agency must pay to the Secretary of State all sums received by it in the |
| |
course of, or in connection with, the carrying out of its functions. |
| |
| |
(a) | does not apply to sums received by the Agency under paragraph 33, |
| |
| 5 |
(b) | does not apply where the Secretary of State so directs. |
| |
Payments by Agency to police authorities |
| |
35 | The Agency may, for purposes it considers are related to any of its objects, |
| |
| |
(a) | the police authority for a police area in England and Wales; |
| 10 |
(b) | the police authority for a police area in Scotland; |
| |
(c) | a joint police board constituted by a scheme under section 19 of the |
| |
Police (Scotland) Act 1967 (c. 77); |
| |
(d) | the Scottish Police Services Authority. |
| |
| 15 |
| |
(a) | keep proper accounts and proper records in relation to the accounts, |
| |
| |
(b) | prepare a statement of accounts in respect of each financial year. |
| |
(2) | The statement of accounts for a financial year must be in such form, and |
| 20 |
contain such information, as the Secretary of State may direct. |
| |
(3) | The Agency must, within such period following the end of each financial |
| |
year as the Secretary of State may direct, send copies of the statement of |
| |
| |
(a) | to the Secretary of State, and |
| 25 |
(b) | to the Comptroller and Auditor General. |
| |
(4) | The Comptroller and Auditor General must— |
| |
(a) | examine, certify and report on each statement of accounts sent to him |
| |
under sub-paragraph (3), and |
| |
(b) | lay a copy of each such statement, and of his report on it, before each |
| 30 |
| |
| |
| |
| |
37 | In this Part of this Schedule “scheme” means a scheme made by the Secretary |
| 35 |
| |
Property, rights and liabilities |
| |
38 | A scheme may make provision for the transfer to the Agency or the Secretary |
| |
| |
|
| |
|
| |
|
(a) | of property, rights and liabilities of the Central Police Training and |
| |
| |
(b) | of property, rights and liabilities of the Police Information |
| |
| |
39 (1) | The property, rights and liabilities for whose transfer a scheme under |
| 5 |
paragraph 38 may provide include (in particular)— |
| |
(a) | property, rights and liabilities that could not otherwise be |
| |
| |
(b) | property acquired, and rights and liabilities arising, after the making |
| |
| 10 |
(c) | rights and liabilities under contracts of employment, subject to sub- |
| |
| |
(2) | A scheme under paragraph 38 may not provide for the transfer to the |
| |
Secretary of State of rights and liabilities under contracts of employment. |
| |
(3) | Before making a scheme under paragraph 38 that provides for the transfer |
| 15 |
of rights and liabilities under contracts of employment, the Secretary of State |
| |
must consult such persons appearing to represent the interests of the |
| |
employees concerned as the Secretary of State considers appropriate. |
| |
40 | A scheme may make provision for the creation, in favour of the Agency or |
| |
the Secretary of State, of interests in, or rights in relation to, anything that |
| 20 |
could be transferred by a scheme under paragraph 38. |
| |
41 (1) | A scheme under paragraph 38 may make provision for the creation of |
| |
interests in or rights in relation to, or for the imposition of liabilities in |
| |
relation to, anything that is or could be transferred by the scheme. |
| |
(2) | A scheme under paragraph 40 may make provision for the imposition of |
| 25 |
liabilities in relation to anything created by the scheme. |
| |
(3) | A scheme under paragraph 38 or 40 may contain provision about |
| |
enforcement of a right or liability whose transfer, creation or imposition is |
| |
provided for by the scheme. |
| |
42 (1) | At the time appointed for the purpose by a scheme under paragraph 38 or |
| 30 |
| |
(a) | property, rights and liabilities for whose transfer the scheme |
| |
| |
(b) | interests and rights for whose creation the scheme provides, and |
| |
(c) | liabilities for whose imposition the scheme provides, |
| 35 |
| shall, by virtue of this sub-paragraph, be transferred or (as the case may be) |
| |
created or imposed in accordance with the scheme. |
| |
(2) | A scheme under paragraph 38 or 40 may appoint different times for the |
| |
transfer, creation or imposition of different things. |
| |
Effect of transfer of employees |
| 40 |
43 (1) | This paragraph applies if a scheme under paragraph 38 provides for the |
| |
transfer of rights and liabilities under a contract of employment. |
| |
| |
(a) | is not terminated by the transfer, and |
| |
|
| |
|
| |
|
(b) | has effect from the appointed time as if made between the employee |
| |
| |
(3) | The rights, powers, duties and liabilities of the old employer under or in |
| |
connection with the contract are (by virtue of paragraph 42(1)) transferred to |
| |
the Agency at the appointed time. |
| 5 |
(4) | Anything done before the appointed time by or in relation to the old |
| |
employer in respect of the contract or the employee is to be treated from that |
| |
time as having been done by or in relation to the Agency. |
| |
(5) | Sub-paragraphs (2) to (4) have effect subject to sub-paragraph (6). |
| |
(6) | If the employee informs the old employer or the Agency that he objects to |
| 10 |
| |
(a) | the rights, powers, duties and liabilities under or in connection with |
| |
the contract are not transferred by virtue of the scheme, and |
| |
(b) | the contract is terminated immediately before the appointed time, |
| |
but the employee is not to be treated, for any purpose, as having been |
| 15 |
| |
(7) | In this paragraph “the appointed time” means the time appointed by or |
| |
under the scheme for the transfer of rights and liabilities under the contract. |
| |
(8) | Nothing in this Part of this Schedule affects any right the employee has to |
| |
terminate his contract of employment if (apart from the change of employer) |
| 20 |
a substantial change is made to his detriment in his working conditions. |
| |
| |
44 (1) | A scheme may make provision— |
| |
(a) | for an existing secondment to have effect, from a time appointed by |
| |
the scheme, as a secondment to the Agency, and |
| 25 |
(b) | for the seconded person to serve from that time as a member of the |
| |
| |
(2) | If the seconded person informs the Agency, or the body to which he is |
| |
seconded or the body by which he is seconded, that he objects to the existing |
| |
secondment becoming a secondment to the Agency— |
| 30 |
(a) | the scheme does not cause the existing secondment to become a |
| |
secondment to the Agency, and |
| |
(b) | the existing secondment is terminated immediately before the time |
| |
mentioned in sub-paragraph (1)(a) (so that the person returns at that |
| |
time to the body by which he was seconded). |
| 35 |
(3) | In this paragraph “existing secondment” means a secondment by virtue of |
| |
| |
(a) | a person is the chief executive or another member of the staff of the |
| |
Central Police Training and Development Authority, or |
| |
(b) | a person is the chief executive or another member of the staff of the |
| 40 |
Police Information Technology Organisation. |
| |
Deciding matters under scheme |
| |
45 | A scheme under this Part of this Schedule may contain provision— |
| |
|
| |
|
| |
|
(a) | for the Secretary of State, or any other person nominated by or in |
| |
accordance with the scheme, to decide any matter requiring decision |
| |
under or in consequence of the scheme, and |
| |
(b) | as to the payment of fees charged, or expenses incurred, by any |
| |
person nominated to decide any matter under paragraph (a). |
| 5 |
| |
46 | A scheme under this Part of this Schedule may contain supplementary, |
| |
incidental, transitional and consequential provision. |
| |
| |
Interpretation and modification |
| 10 |
| |
47 (1) | In Parts 1 to 5, and this Part, of this Schedule “the Agency” means the |
| |
National Policing Improvement Agency. |
| |
(2) | In Parts 1 to 5 of this Schedule “financial year” means— |
| |
(a) | the period beginning with the day on which the Agency is |
| 15 |
established and ending with the following 31st March, and |
| |
(b) | each subsequent period of 12 months ending with 31st March. |
| |
(3) | In Part 2 of this Schedule “appointed member” has the meaning given by |
| |
| |
Power to modify objects, functions and structure of the Agency |
| 20 |
48 (1) | The Secretary of State may by order make provision— |
| |
(a) | for modifying the objects, powers and duties of the Agency; |
| |
(b) | for modifying the constitution of the Agency and any provision |
| |
regulating its management and control; |
| |
(c) | for conferring powers on the Secretary of State in relation to— |
| 25 |
(i) | the objects, powers and duties of the Agency, |
| |
(ii) | the constitution of the Agency and the regulation of its |
| |
management and control, and |
| |
(iii) | members of the Agency’s staff; |
| |
(d) | for imposing, on persons in relation to whom the Agency has or is |
| 30 |
given powers or duties, obligations to consult with the Agency or to |
| |
do other things in relation to the Agency. |
| |
(2) | In sub-paragraph (1) “modifying” includes adding to, varying and |
| |
| |
(3) | Power under sub-paragraph (1) may be exercised to give the Agency objects, |
| 35 |
powers or duties in relation to persons who have no functions in relation to, |
| |
nor any connection with, policing if— |
| |
(a) | they carry out functions in, or in relation to, prisons in England or |
| |
| |
(b) | they are officers of a local probation board, or |
| 40 |
|
| |
|
| |
|
(c) | they are persons falling within neither of paragraphs (a) and (b) who |
| |
carry out functions for the purposes of the criminal justice system in |
| |
| |
(4) | Before making an order under sub-paragraph (1), the Secretary of State must |
| |
| 5 |
| |
(b) | persons whom the Secretary of State considers to represent the |
| |
interests of police authorities for police areas in England and Wales, |
| |
| |
(c) | persons whom the Secretary of State considers to represent the |
| 10 |
interests of chief officers of police of police forces in England and |
| |
| |
(5) | An order under sub-paragraph (1) may— |
| |
(a) | make provision for the making of determinations, or the giving of |
| |
approvals, by the Secretary of State under the order; |
| 15 |
(b) | contain provision framed by reference to determinations made or |
| |
approvals given under provision such as is mentioned in paragraph |
| |
| |
(c) | contain provision framed by reference to the Secretary of State’s |
| |
opinion, from time to time, as to any matter. |
| 20 |
(6) | Provision under sub-paragraph (1) (including provision made under sub- |
| |
paragraph (1) in reliance on section 44(3)) may take the form of amendments |
| |
of enactments whenever passed or made, including— |
| |
(a) | enactments comprised in, or in instruments made under, Acts of the |
| |
| 25 |
(b) | enactments comprised in, or in instruments made under, Northern |
| |
| |
(c) | enactments comprised in subordinate legislation (within the |
| |
meaning of the Interpretation Act 1978 (c. 30)). |
| |
| 30 |
| |
Public Records Act 1958 (c. 51) |
| |
49 | In Part 2 of the Table at the end of paragraph 3 of Schedule 1 to the Public |
| |
Records Act 1958 (bodies whose records are public records), at the |
| |
appropriate place there is inserted— |
| 35 |
“National Policing Improvement Agency.” |
| |
Parliamentary Commissioner Act 1967 (c. 13) |
| |
50 | In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc |
| |
subject to investigation), at the appropriate place there is inserted— |
| |
“National Policing Improvement Agency.” |
| 40 |
Police (Scotland) Act 1967 (c. 77) |
| |
51 | The Police (Scotland) Act 1967 is amended as follows. |
| |
|
| |
|
| |
|
52 | In section 38(3A) (status of certain constables on secondment), after “(bb)” |
| |
there is inserted “or (bg)”. |
| |
53 (1) | Section 38A (constables engaged on service outside their force) is amended |
| |
| |
(2) | In subsection (1) (meaning of “relevant service”), after paragraph (bf) there |
| 5 |
| |
“(bg) | temporary service with the National Policing Improvement |
| |
Agency on which a person is engaged with the consent of the |
| |
| |
(3) | In subsection (6)(a) (which provides for relevant service to be treated for |
| 10 |
certain purposes as service in constable’s home force), after “(bf),” there is |
| |
| |
Health and Safety at Work etc. Act 1974 (c. 37) |
| |
54 | In section 51A(2E) of the Health and Safety at Work etc. Act 1974 (provisions |
| |
which impose liability on others for unlawful conduct of constables but |
| 15 |
which do not apply to liability under Part 1 of the 1974 Act), after paragraph |
| |
| |
“(g) | paragraph 20 of Schedule 1 to the Police and Justice Act |
| |
| |
House of Commons Disqualification Act 1975 (c. 24) |
| 20 |
55 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
(bodies whose members are disqualified), at the appropriate place there is |
| |
| |
“The National Policing Improvement Agency.” |
| |
Northern Ireland Assembly Disqualification Act 1975 (c. 25) |
| 25 |
56 | In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| |
Act 1975 (bodies whose members are disqualified), at the appropriate place |
| |
| |
“The National Policing Improvement Agency.” |
| |
Police Pensions Act 1976 (c. 35) |
| 30 |
57 | The Police Pensions Act 1976 is amended as follows. |
| |
58 | In section 7(2) (persons eligible for police pensions), after paragraph (ce) |
| |
| |
“(cf) | a member of the staff of the National Policing Improvement |
| |
Agency who holds the office of constable;”. |
| 35 |
59 (1) | Section 11 (interpretation) is amended as follows. |
| |
(2) | In subsection (1) (references to membership of a police force etc), after |
| |
paragraph (be) there is inserted— |
| |
“(bf) | service, by a person holding the office of constable, as a |
| |
member of the staff of the National Policing Improvement |
| 40 |
| |
|
| |
|
| |
|
(3) | In subsection (2) (meaning of “police authority”), after paragraph (e) there is |
| |
| |
“(f) | in relation to any service such as is mentioned in subsection |
| |
(1)(bf), it means the National Policing Improvement |
| |
| 5 |
(4) | In subsection (3) (meaning of “police force”), in paragraph (b), after “(be),” |
| |
there is inserted “(bf),”. |
| |
Race Relations Act 1976 (c. 74) |
| |
60 | In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other |
| |
persons subject to general statutory duty), at the appropriate place under the |
| 10 |
heading “Police” there is inserted— |
| |
“The National Policing Improvement Agency.” |
| |
| |
61 | The Police Act 1996 is amended as follows. |
| |
62 (1) | Section 39A (power of Secretary of State to issue codes of practice for chief |
| 15 |
officers) is amended as follows. |
| |
(2) | In subsection (3) (preparation of drafts and revisions)— |
| |
(a) | for “Central Police Training and Development Authority” there is |
| |
substituted “National Policing Improvement Agency”, and |
| |
(b) | for “that Authority” there is substituted “that Agency”. |
| 20 |
(3) | In subsection (4) (consultation), for “Central Police Training and |
| |
Development Authority” there is substituted “National Policing |
| |
| |
63 (1) | Section 53A (regulation of procedures and practices of police forces) is |
| |
| 25 |
(2) | In subsection (2) (advice), for paragraph (b) there is substituted— |
| |
“(b) | the National Policing Improvement Agency.” |
| |
(3) | In subsection (5) (consultation), for “Central Police Training and |
| |
Development Authority” there is substituted “National Policing |
| |
| 30 |
(4) | In subsection (6)(a) (consideration of advice etc), for “Central Police Training |
| |
and Development Authority” there is substituted “National Policing |
| |
| |
64 | In section 57(5) (consultation about regulations requiring police forces to use |
| |
specified facilities or services), for “Police Information Technology |
| 35 |
Organisation” there is substituted “National Policing Improvement |
| |
| |
63 | In section 59 (Police Federations), after subsection (7) there is inserted— |
| |
“(7A) | For the purposes of subsection (1), a member of the staff of the |
| |
National Policing Improvement Agency who is— |
| 40 |
| |
(b) | an employee of the Agency, |
| |
|
| |
|