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Her Majesty’s Chief Inspector for Justice, Community Safety and Custody |
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Tenure of Chief Inspector |
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1 (1) | Subject to the following provisions, the Chief Inspector holds office in |
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accordance with the terms of his appointment (or re-appointment). |
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(2) | The Chief Inspector may not be appointed for more than five years at a time. |
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(3) | The Chief Inspector may resign by notice in writing given to the responsible |
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(4) | The responsible ministers may remove the Chief Inspector from office if |
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(a) | he has without reasonable excuse failed to exercise his functions for |
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a continuous period of three months beginning not earlier than six |
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months before the day of his removal from office, |
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(b) | he has been convicted of a criminal offence, |
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(c) | a bankruptcy order has been made against him, or his estate has been |
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sequestrated, or he has made a composition or arrangement with, or |
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granted a trust deed for, his creditors, or |
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(d) | he is otherwise unable or unfit to exercise his functions. |
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Designation of person to discharge functions of Chief Inspector |
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2 (1) | The responsible ministers may designate a person to discharge the functions |
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of the office of Chief Inspector while that office is vacant. |
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(2) | A designation under this paragraph may have effect for a period of up to |
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3 | The Chief Inspector, or the responsible ministers if he is unable to do so, may |
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designate a person to discharge the functions of the Chief Inspector during |
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any period when he is absent or unable to act. |
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Salary etc of Chief Inspector |
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4 (1) | The responsible ministers shall pay to or in respect of the Chief Inspector |
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(c) | sums for the provision of pensions, |
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| as the responsible ministers determine. |
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(2) | Sub-paragraph (3) applies where a person who by reference to any office or |
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employment is a participant in a scheme under section 1 of the |
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Superannuation Act 1972 (c. 11) becomes the Chief Inspector. |
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(3) | The Minister for the Civil Service may determine that (instead of payments |
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being made to the person under sub-paragraph (1)(c)) his service as Chief |
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Inspector is to be treated for the purposes of the scheme as service in the |
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office or employment in question. |
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5 (1) | The Chief Inspector may employ staff, but subject to the approval of the |
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responsible ministers as to— |
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(c) | other terms of employment. |
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(2) | The Chief Inspector may make arrangements for securing the provision to |
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him of such assistance as he considers appropriate for or in connection with |
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the exercise of his functions. |
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(3) | In exercising his functions under sub-paragraphs (1) and (2) the Chief |
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Inspector shall secure that there is available to him sufficient expertise and |
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experience relating to the systems and organisations falling within the scope |
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of his duties under sections 24 and 25. |
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(4) | Employment as a member of staff of the Chief Inspector is among the kinds |
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of employment to which a superannuation scheme under section 1 of the |
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Superannuation Act 1972 (c. 11) can apply. |
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| Accordingly, in Schedule 1 to that Act (employments etc to which section 1 |
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can apply), at the appropriate place in the list of “Other Bodies” there is |
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“Employment by Her Majesty’s Chief Inspector for Justice, |
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Community Safety and Custody.” |
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(5) | Sub-paragraph (4) does not apply in relation to employment as a member of |
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staff of the Chief Inspector of a person falling within section 11(1)(bza) of the |
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Police Pensions Act 1976 (c. 35) (members of staff of the Chief Inspector who |
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are eligible for police pensions). |
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(6) | The Chief Inspector shall pay to the Minister for the Civil Service, at such |
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times as the Minister may direct, such sums as the Minister may determine |
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in respect of any increase attributable to sub-paragraph (4) in the sums |
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payable out of money provided by Parliament under the Superannuation |
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Expenses of Chief Inspector |
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6 | The responsible ministers may make to or in respect of the Chief Inspector |
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payments in respect of expenditure incurred by him in the discharge of his |
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functions, including expenditure on payments to or in respect of staff. |
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Ancillary powers of Chief Inspector |
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7 | The Chief Inspector may do anything that he considers necessary or |
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expedient for the purposes of, or in connection with, his functions. |
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8 (1) | The Chief Inspector may delegate any of his functions (to such extent as he |
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(a) | any member of his staff; |
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(b) | any person providing assistance by virtue of paragraph 5(2); |
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(c) | another public authority. |
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(2) | If the carrying out of an inspection is delegated under sub-paragraph (1) it is |
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nevertheless to be regarded for the purposes of this Part as carried out by the |
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Inspection programmes and inspection frameworks |
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9 (1) | The Chief Inspector shall from time to time, or at such times as the |
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responsible ministers may specify by order, prepare— |
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(a) | a document setting out what inspections he proposes to carry out (an |
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(b) | a document setting out the manner in which he proposes to carry out |
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his functions of inspecting and reporting (an “inspection |
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(2) | Before preparing an inspection programme or an inspection framework the |
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Chief Inspector shall consult— |
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(a) | the responsible ministers, |
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(b) | the Lord Chief Justice, |
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(c) | the inspection authorities listed in section 26(6), |
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(d) | the National Assembly for Wales, |
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(e) | the Auditor General for Wales, and |
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(f) | any other person or body specified by an order made by the |
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| and he shall send to each of those persons or bodies a copy of each |
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programme or framework once it is prepared. |
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(3) | The responsible ministers may by order specify the form that inspection |
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programmes or inspection frameworks are to take. |
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Inspections by other inspectors of organisations within Chief Inspector’s remit |
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(a) | a person or body within sub-paragraph (2) is proposing to carry out |
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an inspection that would involve inspecting a specified organisation, |
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(b) | the Chief Inspector considers that the proposed inspection would |
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impose an unreasonable burden on that organisation, or would do so |
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if carried out in a particular manner, |
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| the Chief Inspector shall, subject to sub-paragraph (7), give a notice to that |
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person or body not to carry out the proposed inspection, or not to carry it out |
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(2) | The persons or bodies within this sub-paragraph are— |
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(a) | Her Majesty’s Chief Inspector of Schools in England; |
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(b) | the Adult Learning Inspectorate; |
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(c) | the Commission for Healthcare Audit and Inspection; |
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(d) | the Commission for Social Care Inspection; |
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(e) | the Audit Commission. |
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(3) | The responsible ministers may by order amend sub-paragraph (2). |
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(4) | In sub-paragraph (1)(a) “specified organisation” means a person or body |
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specified by order made by the responsible ministers. |
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(5) | A person or body may be specified under sub-paragraph (4) only if it |
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exercises functions within any of the systems mentioned in section 24(1). |
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(6) | A person or body may be specified under sub-paragraph (4) in relation to |
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particular functions that it has. |
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| In the case of a person or body so specified, sub-paragraph (1)(a) is to be read |
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as referring to an inspection that would involve inspecting the discharge of |
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any of its functions in relation to which it is specified. |
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(7) | The responsible ministers may by order specify cases or circumstances in |
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which a notice need not, or may not, be given under this paragraph. |
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(8) | Where a notice is given under this paragraph, the proposed inspection is not |
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to be carried out, or (as the case may be) is not to be carried out in the manner |
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| This is subject to sub-paragraph (9). |
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(9) | The responsible ministers, if satisfied that the proposed inspection— |
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(a) | would not impose an unreasonable burden on the organisation in |
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(b) | would not do so if carried out in a particular manner, |
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| may give consent to the inspection being carried out, or being carried out in |
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(10) | The responsible ministers may by order make provision supplementing that |
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made by this paragraph, including in particular— |
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(a) | provision about the form of notices; |
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(b) | provision prescribing the period within which notices are to be |
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(c) | provision prescribing circumstances in which notices are, or are not, |
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(d) | provision for revising or withdrawing notices; |
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(e) | provision for setting aside notices not validly given. |
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11 (1) | The Chief Inspector shall co-operate with— |
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(a) | the inspection authorities listed in section 26(6), and |
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(b) | any other public authority specified by order made by the |
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| where it is appropriate to do so for the efficient and effective discharge of his |
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(2) | Sub-paragraph (1), so far as it applies to the discharge of functions of the |
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Chief Inspector with regard to devolved Welsh matters, has effect as if |
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paragraph (a) included a reference to the Auditor General for Wales. |
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(3) | The Chief Inspector shall— |
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(a) | enter into arrangements with the Independent Police Complaints |
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Commission for the purposes of securing co-operation, in the |
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carrying out of their respective functions, between him and the |
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(b) | ensure that members of his staff and persons providing assistance to |
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him by virtue of paragraph 5(2) provide the Commission with all |
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such assistance and co-operation as may be required by those |
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arrangements or as otherwise appears to the Chief Inspector to be |
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appropriate for facilitating the carrying out by the Commission of its |
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12 (1) | The Chief Inspector may act jointly with another public authority where it is |
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appropriate to do so for the efficient and effective discharge of his functions. |
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(2) | The Chief Inspector shall act jointly with the Audit Commission when |
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(a) | an inspection into the discharge by police authorities in England of |
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(b) | an inspection into the discharge in England of functions conferred by |
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or under section 6 of the Crime and Disorder Act 1998 (c. 37) (crime |
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and disorder strategies). |
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(3) | The Chief Inspector shall act jointly with the Auditor General for Wales |
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(a) | an inspection into the discharge by police authorities in Wales of |
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(b) | an inspection into the discharge in Wales of functions conferred by |
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or under section 6 of the Crime and Disorder Act 1998. |
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Assistance for other public authorities |
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13 (1) | The Chief Inspector may if he thinks it appropriate to do so provide |
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assistance to any other public authority for the purpose of the exercise by |
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that authority of its functions. |
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(2) | Assistance under this paragraph may be provided on such terms as the Chief |
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Inspections carried out under arrangements |
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14 (1) | The Chief Inspector may make arrangements with the relevant authority |
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(a) | the carrying out by him of inspections in England and Wales of any |
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institution or matter falling outside the scope of his duties under |
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(b) | the carrying out by him in Northern Ireland of inspections that fall |
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outside the scope of those duties; |
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(c) | the carrying out by him of inspections outside the United Kingdom |
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of any institution or matter. |
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(2) | The “relevant authority” is— |
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(a) | for the purposes of sub-paragraph (1)(a) or (b), the public authority |
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responsible for the institution or matter in question; |
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(b) | for the purposes of sub-paragraph (1)(c), the authority in the |
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jurisdiction concerned that is responsible for the institution or matter |
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(3) | Inspections under this paragraph may be carried out on such terms as the |
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Chief Inspector thinks fit. |
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15 | The Chief Inspector may, with the consent of the responsible ministers, enter |
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into arrangements for charges to be made— |
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(a) | for providing assistance under paragraph 13; |
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(b) | for carrying out inspections under paragraph 14; |
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(c) | for providing any other services that the Chief Inspector is not under |
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Inspections relating to devolved Welsh matters |
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16 (1) | The Chief Inspector may not carry out an inspection that relates (to any |
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extent) to devolved Welsh matters without the agreement of the National |
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(2) | Sub-paragraph (1) does not apply to an inspection that the Chief Inspector is |
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directed to carry out under section 27(1). |
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Transfer of staff and property etc to the Chief Inspector |
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1 (1) | The responsible ministers may make a scheme (a “staff transfer scheme”) |
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containing provision about persons employed by or in the service of any of |
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(a) | Her Majesty’s Chief Inspector of Prisons; |
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(b) | Her Majesty’s Inspectors of Constabulary; |
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(c) | Her Majesty’s Chief Inspector of the Crown Prosecution Service; |
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(d) | Her Majesty’s Inspectorate of the National Probation Service for |
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(e) | Her Majesty’s Inspectorate of Court Administration. |
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(2) | A staff transfer scheme may provide— |
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(a) | for a person employed as mentioned in sub-paragraph (1) to become |
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an employee of the Chief Inspector; |
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(b) | for the contract of employment that the person had before becoming |
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an employee of the Chief Inspector to have effect (subject to any |
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necessary modifications) as if originally made between him and the |
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(c) | for the transfer to the Chief Inspector of the rights, powers, duties |
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and liabilities of the employer under or in connection with the |
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contract of employment of a person who becomes an employee of the |
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Chief Inspector by virtue of the scheme; |
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(d) | for anything done before that transfer by or in relation to the |
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employer in respect of such a contract or the employee to be treated |
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as having been done by or in relation to the Chief Inspector. |
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(3) | A staff transfer scheme may make provision for periods before a person |
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became an employee of the Chief Inspector to count as periods of |
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employment with the Chief Inspector (and for the operation of the scheme |
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not to be treated as having interrupted the continuity of that employment). |
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(4) | A staff transfer scheme may provide for a person who— |
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(a) | is employed as mentioned in sub-paragraph (1), and |
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(b) | would otherwise become an employee of the Chief Inspector by the |
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| not to become an employee of the Chief Inspector if the person gives notice |
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objecting to the operation of the scheme in relation to him. |
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(5) | A staff transfer scheme may provide for any person who would be treated |
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(whether by an enactment or otherwise) as being dismissed by the operation |
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of the scheme not to be so treated. |
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(6) | A staff transfer scheme may— |
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(a) | provide for the termination of the employment of a person employed |
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as mentioned in sub-paragraph (1); |
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(b) | contain provision as to the consequences of such termination |
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(including provision removing any entitlement to compensation that |
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might otherwise arise in such circumstances). |
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(7) | The responsible ministers may make a payment of such amount (if any) as |
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they may determine to a person whose employment is terminated under |
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provision made by virtue of sub-paragraph (6). |
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2 (1) | A staff transfer scheme may make provision— |
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(a) | for an existing secondment to have effect, from a time appointed by |
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the scheme, as a secondment to the Chief Inspector, and |
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(b) | for the seconded person to serve from that time as a member of the |
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(2) | If the seconded person informs the Chief Inspector, or the person or body to |
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which or by which he is seconded, that he objects to the existing secondment |
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becoming a secondment to the Chief Inspector— |
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(a) | the scheme does not cause the existing secondment to become a |
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secondment to the Chief Inspector; |
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(b) | the existing secondment is terminated immediately before the time |
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mentioned in sub-paragraph (1)(a) (so that the person returns at that |
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time to the body by which he was seconded). |
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(3) | In this paragraph “existing secondment” means a secondment by virtue of |
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which a person is a member of the staff of a person or body mentioned in |
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3 | Before making a staff transfer scheme, the responsible ministers shall |
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consult such persons appearing to represent the interests of the employees |
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concerned as the responsible ministers consider appropriate. |
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Property transfer schemes |
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4 (1) | The responsible ministers may make a scheme (a “property transfer |
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scheme”) providing for the transfer to the Chief Inspector of property, rights |
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and liabilities of any of the following— |
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(a) | Her Majesty’s Chief Inspector of Prisons; |
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(b) | Her Majesty’s Inspectors of Constabulary; |
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(c) | Her Majesty’s Chief Inspector of the Crown Prosecution Service; |
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