House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Police and Justice Bill


Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 5 — Transfer schemes

53

 

      (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.

      (3)  

Sub-paragraph (2)—

(a)   

does not apply to sums received by the Agency under paragraph 33,

and

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,

make payments to—

(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.

Accounts

15

36    (1)  

The Agency must—

(a)   

keep proper accounts and proper records in relation to the accounts,

and

(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

accounts for that year—

(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

House of Parliament.

Part 5

Transfer schemes

Meaning of “scheme”

37         

In this Part of this Schedule “scheme” means a scheme made by the Secretary

35

of State.

Property, rights and liabilities

38         

A scheme may make provision for the transfer to the Agency or the Secretary

of State—

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 5 — Transfer schemes

54

 

(a)   

of property, rights and liabilities of the Central Police Training and

Development Authority;

(b)   

of property, rights and liabilities of the Police Information

Technology Organisation.

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

transferred;

(b)   

property acquired, and rights and liabilities arising, after the making

of the scheme;

10

(c)   

rights and liabilities under contracts of employment, subject to sub-

paragraph (2).

      (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

40—

(a)   

property, rights and liabilities for whose transfer the scheme

provides,

(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.

      (2)  

The contract—

(a)   

is not terminated by the transfer, and

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 5 — Transfer schemes

55

 

(b)   

has effect from the appointed time as if made between the employee

and the Agency.

      (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

the transfer—

(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

dismissed.

      (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.

Staff on secondment

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

staff of the Agency.

      (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

which—

(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—

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 6 — Interpretation and modification

56

 

(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

Supplementary provision

46         

A scheme under this Part of this Schedule may contain supplementary,

incidental, transitional and consequential provision.

Part 6

Interpretation and modification

10

Interpretation

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

paragraph 7(6).

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

diminishing.

      (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

Wales,

(b)   

they are officers of a local probation board, or

40

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 7 — Consequential amendments

57

 

(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

England and Wales.

      (4)  

Before making an order under sub-paragraph (1), the Secretary of State must

consult—

5

(a)   

the Agency,

(b)   

persons whom the Secretary of State considers to represent the

interests of police authorities for police areas in England and Wales,

and

(c)   

persons whom the Secretary of State considers to represent the

10

interests of chief officers of police of police forces in England and

Wales.

      (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

(a);

(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

Scottish Parliament,

25

(b)   

enactments comprised in, or in instruments made under, Northern

Ireland legislation, and

(c)   

enactments comprised in subordinate legislation (within the

meaning of the Interpretation Act 1978 (c. 30)).

Part 7

30

Consequential amendments

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.

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 7 — Consequential amendments

58

 

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

as follows.

      (2)  

In subsection (1) (meaning of “relevant service”), after paragraph (bf) there

5

is inserted—

“(bg)   

temporary service with the National Policing Improvement

Agency on which a person is engaged with the consent of the

appropriate authority;”.

      (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

inserted “(bg),”.

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

(f) there is inserted—

“(g)   

paragraph 20 of Schedule 1 to the Police and Justice Act

2006;”.

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

inserted—

“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

there is inserted—

“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)

there is inserted—

“(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

Agency;”.

 

 

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 7 — Consequential amendments

59

 

      (3)  

In subsection (2) (meaning of “police authority”), after paragraph (e) there is

inserted—

“(f)   

in relation to any service such as is mentioned in subsection

(1)(bf), it means the National Policing Improvement

Agency;”.

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.”

Police Act 1996 (c. 16)

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

Improvement Agency”.

63    (1)  

Section 53A (regulation of procedures and practices of police forces) is

amended as follows.

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

Improvement Agency”.

30

      (4)  

In subsection (6)(a) (consideration of advice etc), for “Central Police Training

and Development Authority” there is substituted “National Policing

Improvement Agency”.

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

Agency”.

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

(a)   

a constable, and

(b)   

an employee of the Agency,

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 29 March 2006