Police and Justice Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 7 — Consequential amendments
60


shall be treated as a member of a police force in England and Wales,
and references in this section to police service shall be construed
accordingly.”
64
In section 61(1) (Police Negotiating Board), before paragraph (c) there is
inserted—
5
“(bb)
the members of the staff of the National Policing
Improvement Agency who are constables,”.
65    (1)
Section 62 (functions of the Police Negotiating Board) is amended as follows.
      (2)
In subsection (1) (duty to consult Board before making regulations about
certain matters), after paragraph (c) there is inserted “or
10
(d)
regulations under paragraph 19 of Schedule 1 to the Police
and Justice Act 2006 (regulations as to constables who are
members of the staff of the National Policing Improvement
Agency),”.
      (3)
Before subsection (2) there is inserted—
15
“(1D)
Before issuing a document under paragraph 18 of Schedule 1 to the
Police and Justice Act 2006 (rules and principles for contents of
contracts of employment of constables employed as members of the
staff of the National Policing Improvement Agency), the Secretary of
State shall—
20
(a)
consult the Police Negotiating Board for the United Kingdom
about any provision in the document which relates to any of
the matters mentioned in section 61(1) (other than pensions),
and
(b)
take into consideration any recommendation made by the
25
Board.
(1E)
Before determining the terms and conditions on which a constable is
to be appointed to the staff of the National Policing Improvement
Agency as an employee of the Agency, the Secretary of State (where
the constable is to be appointed as the chief executive of the Agency)
30
or the Agency (in any other case) shall—
(a)
consult the Police Negotiating Board for the United Kingdom
about any term or condition which relates to any of the
matters mentioned in section 61(1) (other than pensions), and
(b)
take into consideration any recommendation made by the
35
Board.”
      (4)
In subsection (2) (arrangements under section 61(3) apply in relation to
recommendations under section 62), for “subsection (1) or (1A)” there is
substituted “subsection (1), (1A), (1D) or (1E)”.
66    (1)
Section 63 (Police Advisory Boards) is amended as follows.
40
      (2)
Before subsection (2) there is inserted—
“(1C)
The Police Advisory Board for England and Wales shall also advise
the Secretary of State on general questions affecting members of the
staff of the National Policing Improvement Agency who are
constables.”
45
      (3)
In subsection (3) (Board to be consulted on certain regulations), after

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 7 — Consequential amendments
61

paragraph (b) there is inserted “or
(c)
regulations under paragraph 19 of Schedule 1 to the Police
and Justice Act 2006 (regulations as to constables who are
members of the staff of the National Policing Improvement
Agency), other than regulations with respect to any of the
5
matters mentioned in section 61(1),”.
67
In section 64 (membership of trade unions), before subsection (5) there is
inserted—
“(4C)
This section applies to a member of the staff of the National Policing
Improvement Agency who is—
10
(a)
a constable, and
(b)
an employee of the Agency,

as it applies to a member of a police force, and references to a police
force or to service in a police force shall be construed accordingly.
(4D)
In its application by virtue of subsection (4C), subsection (2) shall
15
have effect as if the reference to the chief officer of police were a
reference to the chief executive of the National Policing
Improvement Agency.”
68    (1)
Section 97 (police officers engaged on service outside their force) is amended
as follows.
20
      (2)
In subsection (1) (meaning of “relevant service”), after paragraph (cf) there
is inserted—
“(cg)
temporary service with the National Policing
Improvement Agency on which a person is engaged
with the consent of the appropriate authority;”.
25
      (3)
In subsections (6)(a) and (8), after “(cf)” there is inserted “, (cg)”.
Police (Northern Ireland) Act 1998 (c. 32)
69    (1)
Section 27 of the Police (Northern Ireland) Act 1998 (members of the Police
Service of Northern Ireland engaged on other police service) is amended as
follows.
30
      (2)
In subsection (1) (meaning of “relevant service”), after paragraph (cb) there
is inserted—
“(cc)
temporary service with the National Policing Improvement
Agency on which a member of the Police Service of Northern
Ireland is engaged with the consent of the Chief Constable;”.
35
      (3)
In subsection (5)(b), after “(cb),” there is inserted “(cc),”.
      (4)
In subsection (7)—
(a)
for “(1)(c), (ca)” there is substituted “(1)(ca)”, and
(b)
for “or (cb)” there is substituted “, (cb) or (cc)”.
Freedom of Information Act 2000 (c. 36)
40
70
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public bodies
and offices), at the appropriate place there is inserted—
“The National Policing Improvement Agency.”

Police and Justice Bill
Schedule 1 — National Policing Improvement Agency
Part 7 — Consequential amendments
62

Criminal Justice and Court Services Act 2000 (c. 43)
71    (1)
Section 71 of the Criminal Justice and Court Services Act 2000 (access to
driver licensing records) is amended as follows.
      (2)
In subsection (1), for “Police Information Technology Organisation” there is
substituted “National Policing Improvement Agency”.
5
      (3)
In subsection (2), for “Organisation” there is substituted “National Policing
Improvement Agency”.
Vehicles (Crime) Act 2001 (c. 3)
72
The Vehicles (Crime) Act 2001 is amended as follows.
73
In section 18(7) (access to information contained in register of registration
10
plate suppliers), for “Police Information Technology Organisation” there is
substituted “National Policing Improvement Agency”.
74    (1)
Section 36 (access to certain motor insurance information) is amended as
follows.
      (2)
In subsection (1), for “Police Information Technology Organisation” there is
15
substituted “National Policing Improvement Agency”.
      (3)
In subsection (2)(a), for “Organisation” there is substituted “Agency”.
Criminal Justice and Police Act 2001 (c. 16)
75    (1)
Section 97 of the Criminal Justice and Police Act 2001 (regulations for police
forces as to training and qualifications for deployment) is amended as
20
follows.
      (2)
In subsection (4) (persons who must be consulted before regulations about
training etc may be made), for paragraph (a) there is substituted—
“(a)
the National Policing Improvement Agency;”.
      (3)
For subsection (6) (interpretation of section) there is substituted—
25
“(6)
In this section—
(a)
references to the provision of police training are references to
the provision of training and opportunities for professional
development for persons serving or employed for policing
purposes in England and Wales;
30
(b)
references to the provision of training include references to
the provision of assessment and examination services;
(c)
references to a person serving or employed for policing
purposes in England and Wales are references to a person
who is—
35
(i)
a member of a police force in England and Wales,
(ii)
a special constable appointed under section 27 of the
1996 Act, or
(iii)
a person employed for the purposes of a police force
in England and Wales.”
40

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
63

Police Reform Act 2002 (c. 30)
76
In section 29(3)(c) of the Police Reform Act 2002 (meaning of references to a
member of the public), for “Central Police Training and Development
Authority” there is substituted “National Policing Improvement Agency”.
Sexual Offences Act 2003 (c. 42)
5
77
In section 94(3) of the Sexual Offences Act 2003 (supply of information to
Secretary of State etc for verification), for paragraph (b) there is
substituted—
“(b)
the National Policing Improvement Agency,”.
Commissioners for Revenue and Customs Act 2005 (c. 11)
10
78
In section 20(7)(a) of the Commissioners for Revenue and Customs Act 2005
(public interest disclosure), for “Police Information Technology
Organisation” there is substituted “National Policing Improvement
Agency”.
Serious Organised Crime and Police Act 2005 (c. 15)
15
79    (1)
Section 153 of the Serious Organised Crime and Police Act 2005 (disclosure
of information about insurance status of vehicles) is amended as follows.
      (2)
In subsections (1) and (3)(a) and (b), for “PITO” there is substituted “NPIA”.
      (3)
In subsection (4), for the definition of “PITO” there is substituted—
““NPIA” means the National Policing Improvement Agency.”
20
Schedule 2
Section 2

Amendments to the Police Act 1996
Basic command units
1
The heading immediately before section 1 (police areas) becomes “Police
areas and basic command units”, and after that section there is inserted—
25
“1A
Basic command units
(1)
Every police area falling within paragraph (a) or (b) of section 1(2)
shall be divided for operational purposes into two or more areas
(“basic command units”).
(2)
Schedule 1A has effect for supplementing this section.”
30

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
64

2
After Schedule 1 there is inserted—
“Schedule 1A
Basic command units
Number and area of basic command units
1     (1)
Except with the consent of the Secretary of State, any basic
5
command unit must—
(a)
be co-extensive with a local authority area, or with two or
more adjoining local authority areas taken together, or
(b)
be one of two or more adjoining basic command units that,
taken together, are co-extensive with a local authority area.
10
      (2)
Subject to sub-paragraph (1)—
(a)
the number of basic command units in any police area, and
(b)
the area covered by each such unit,

shall be determined, and may from time to time be varied, by the
chief officer of police of the police force maintained for that police
15
area.
      (3)
In this paragraph “local authority area” means—
(a)
in relation to England, a district or London borough, the
Isle of Wight and the Isles of Scilly;
(b)
in relation to Wales, a county or county borough.
20
Consultation by chief officer of police
2     (1)
A chief officer of police making a determination or variation under
paragraph 1 in relation to a police area must first consult—
(a)
the council for every local authority area lying within the
police area;
25
(b)
in the case of a police area that consists of or includes a
county for which there is a council, that council;
(c)
in the case of the metropolitan police district, the Greater
London Authority;
(d)
the police authority for the police area;
30
(e)
every fire and rescue authority whose area lies wholly or
partly within the police area;
(f)
in the case of a police area in England, every Primary Care
Trust whose area lies wholly or partly within the police
area;
35
(g)
in the case of a police area in Wales, every Local Health
Board whose area lies wholly or partly within the police
area;
(h)
the Chief Crown Prosecutor for every area that lies wholly
or partly within the police area;
40
(i)
Her Majesty’s Courts Service;
(j)
the Secretary of State having responsibility for prisons;
(k)
every local probation board whose area lies wholly or
partly within the police area;
(l)
such other persons as the chief officer thinks fit.
45

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
65

      (2)
In this paragraph—
“Chief Crown Prosecutor” means a person designated as
such under section 1(4) of the Prosecution of Offences Act
1985;
“fire and rescue authority” means—
5
(a)
a fire and rescue authority constituted by a scheme
under section 2 of the Fire and Rescue Services Act
2004 or a scheme to which section 4 of that Act
applies;
(b)
a metropolitan county fire and rescue authority;
10
(c)
the London Fire and Emergency Planning Authority;
“local authority area” has the same meaning as in paragraph
1;
“local probation board” means a local probation board
established under section 4 of the Criminal Justice and
15
Court Services Act 2000.
Power to vary list of consultees
3     (1)
The Secretary of State may by order amend paragraph 2 so as to
vary the list of consultees, and to make any necessary
consequential or supplemental provision.
20
      (2)
A statutory instrument containing an order under this paragraph
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.”
Membership etc of police authorities
3
For section 4 (membership of police authorities outside Greater London)
25
there is substituted—
“4
Membership of police authorities etc
(1)
The Secretary of State may by regulations make provision in relation
to the membership of any police authority established under section
3.
30
(2)
Regulations under subsection (1) shall provide for a police authority
to consist of—
(a)
persons who are members of a relevant council, and
(b)
other persons.
(3)
Regulations under subsection (1) making provision as specified in
35
subsection (2) shall specify—
(a)
the number of members of a police authority, and
(b)
the number of members falling within paragraph (a) and
paragraph (b) of that subsection,

and shall secure that the majority of members of a police authority
40
are persons falling within paragraph (a) of that subsection.
(4)
Regulations under subsection (1) may include provision as to—
(a)
how and by whom a member is to be appointed,
(b)
qualification and disqualification for membership,

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
66

(c)
the tenure of office of a member (including the circumstances
in which a member ceases to hold office or may be removed
or suspended from office),
(d)
re-appointment as a member,
(e)
the validity of acts and proceedings of a person appointed as
5
a member in the event of his disqualification or lack of
qualification,
(f)
the validity of proceedings of a police authority in the event
of a vacancy in membership or of a defect in the appointment
of a member, and
10
(g)
the payment of remuneration and allowances to a member
and the reimbursement of expenses.
(5)
Regulations under subsection (1) making provision as specified in
subsection (4)(a) may provide for members of a police authority to be
appointed by a selection panel, and may include provision as to—
15
(a)
the number of members of a selection panel,
(b)
how and by whom a member of a panel is to be appointed,
(c)
qualification and disqualification for membership of a panel,
(d)
the tenure of office of a member of a panel (including the
circumstances in which a member ceases to hold office or
20
may be removed or suspended from office),
(e)
re-appointment as a member of a panel,
(f)
the validity of acts and proceedings of a person appointed as
a member of a panel in the event of his disqualification or lack
of qualification,
25
(g)
the validity of proceedings of a panel in the event of a
vacancy in membership or of a defect in the appointment of a
member, and
(h)
the payment of remuneration and allowances to a member of
a panel and the reimbursement of expenses.
30
(6)
The Secretary of State may by regulations make provision for the
appointment of a chairman and vice-chairman from among the
members of a police authority, including in particular provision as
to—
(a)
how and by whom the chairman and vice-chairman are to be
35
appointed,
(b)
qualification and disqualification for appointment,
(c)
the tenure of office of the chairman and vice-chairman
(including the circumstances in which a chairman or vice-
chairman ceases to hold office or may be removed or
40
suspended from office),
(d)
eligibility for re-appointment,
(e)
the validity of acts and proceedings of a person appointed as
chairman or vice-chairman in the event of his disqualification
or lack of qualification,
45
(f)
the validity of proceedings of a police authority in the event
of a vacancy in the office of chairman or vice-chairman or of
a defect in the appointment of the chairman or vice-chairman,
and
(g)
the payment of remuneration and allowances to a chairman
50
or vice-chairman and the reimbursement of expenses.