Police and Justice Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Schedule 9 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
94

Schedule 9
Section 30

Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
Tenure of Chief Inspector
1     (1)
Subject to the following provisions, the Chief Inspector holds office in
accordance with the terms of his appointment (or re-appointment).
5
      (2)
The Chief Inspector may not be appointed for more than five years at a time.
      (3)
The Chief Inspector may resign by notice in writing given to the responsible
ministers.
      (4)
The responsible ministers may remove the Chief Inspector from office if
satisfied that—
10
(a)
he has without reasonable excuse failed to exercise his functions for
a continuous period of three months beginning not earlier than six
months before the day of his removal from office,
(b)
he has been convicted of a criminal offence,
(c)
a bankruptcy order has been made against him, or his estate has been
15
sequestrated, or he has made a composition or arrangement with, or
granted a trust deed for, his creditors, or
(d)
he is otherwise unable or unfit to exercise his functions.
Designation of person to discharge functions of Chief Inspector
2     (1)
The responsible ministers may designate a person to discharge the functions
20
of the office of Chief Inspector while that office is vacant.
      (2)
A designation under this paragraph may have effect for a period of up to
two years.
3
The Chief Inspector, or the responsible ministers if he is unable to do so, may
designate a person to discharge the functions of the Chief Inspector during
25
any period when he is absent or unable to act.
Salary etc of Chief Inspector
4     (1)
The responsible ministers shall pay to or in respect of the Chief Inspector
such—
(a)
salary,
30
(b)
allowances, and
(c)
sums for the provision of pensions,

as the responsible ministers determine.
      (2)
Sub-paragraph (3) applies where a person who by reference to any office or
employment is a participant in a scheme under section 1 of the
35
Superannuation Act 1972 (c. 11) becomes the Chief Inspector.
      (3)
The Minister for the Civil Service may determine that (instead of payments
being made to the person under sub-paragraph (1)(c)) his service as Chief
Inspector is to be treated for the purposes of the scheme as service in the
office or employment in question.
40

Police and Justice Bill
Schedule 9 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
95

Staff
5     (1)
The Chief Inspector may employ staff, but subject to the approval of the
responsible ministers as to—
(a)
numbers;
(b)
salary;
5
(c)
other terms of employment.
      (2)
The Chief Inspector may make arrangements for securing the provision to
him of such assistance as he considers appropriate for or in connection with
the exercise of his functions.
      (3)
In exercising his functions under sub-paragraphs (1) and (2) the Chief
10
Inspector shall secure that there is available to him sufficient expertise and
experience relating to the systems and organisations falling within the scope
of his duties under sections 24 and 25.
      (4)
Employment as a member of staff of the Chief Inspector is among the kinds
of employment to which a superannuation scheme under section 1 of the
15
Superannuation Act 1972 (c. 11) can apply.

Accordingly, in Schedule 1 to that Act (employments etc to which section 1
can apply), at the appropriate place in the list of “Other Bodies” there is
inserted—
“Employment by Her Majesty’s Chief Inspector for Justice,
20
Community Safety and Custody.”
      (5)
Sub-paragraph (4) does not apply in relation to employment as a member of
staff of the Chief Inspector of a person falling within section 11(1)(bza) of the
Police Pensions Act 1976 (c. 35) (members of staff of the Chief Inspector who
are eligible for police pensions).
25
      (6)
The Chief Inspector shall pay to the Minister for the Civil Service, at such
times as the Minister may direct, such sums as the Minister may determine
in respect of any increase attributable to sub-paragraph (4) in the sums
payable out of money provided by Parliament under the Superannuation
Act 1972.
30
Expenses of Chief Inspector
6
The responsible ministers may make to or in respect of the Chief Inspector
payments in respect of expenditure incurred by him in the discharge of his
functions, including expenditure on payments to or in respect of staff.
Ancillary powers of Chief Inspector
35
7
The Chief Inspector may do anything that he considers necessary or
expedient for the purposes of, or in connection with, his functions.
Delegation of functions
8     (1)
The Chief Inspector may delegate any of his functions (to such extent as he
may determine) to—
40
(a)
any member of his staff;
(b)
any person providing assistance by virtue of paragraph 5(2);
(c)
another public authority.

Police and Justice Bill
Schedule 9 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
96

      (2)
If the carrying out of an inspection is delegated under sub-paragraph (1) it is
nevertheless to be regarded for the purposes of this Part as carried out by the
Chief Inspector.
Inspection programmes and inspection frameworks
9     (1)
The Chief Inspector shall from time to time, or at such times as the
5
responsible ministers may specify by order, prepare—
(a)
a document setting out what inspections he proposes to carry out (an
“inspection programme”);
(b)
a document setting out the manner in which he proposes to carry out
his functions of inspecting and reporting (an “inspection
10
framework”).
      (2)
Before preparing an inspection programme or an inspection framework the
Chief Inspector shall consult—
(a)
the responsible ministers,
(b)
the Lord Chief Justice,
15
(c)
the inspection authorities listed in section 26(6),
(d)
the National Assembly for Wales,
(e)
the Auditor General for Wales, and
(f)
any other person or body specified by an order made by the
responsible ministers,
20

and he shall send to each of those persons or bodies a copy of each
programme or framework once it is prepared.
      (3)
The responsible ministers may by order specify the form that inspection
programmes or inspection frameworks are to take.
Inspections by other inspectors of organisations within Chief Inspector’s remit
25
10    (1)
If—
(a)
a person or body within sub-paragraph (2) is proposing to carry out
an inspection that would involve inspecting a specified organisation,
and
(b)
the Chief Inspector considers that the proposed inspection would
30
impose an unreasonable burden on that organisation, or would do so
if carried out in a particular manner,

the Chief Inspector shall, subject to sub-paragraph (7), give a notice to that
person or body not to carry out the proposed inspection, or not to carry it out
in that manner.
35
      (2)
The persons or bodies within this sub-paragraph are—
(a)
Her Majesty’s Chief Inspector of Schools in England;
(b)
the Adult Learning Inspectorate;
(c)
the Commission for Healthcare Audit and Inspection;
(d)
the Commission for Social Care Inspection;
40
(e)
the Audit Commission.
      (3)
The responsible ministers may by order amend sub-paragraph (2).
      (4)
In sub-paragraph (1)(a) “specified organisation” means a person or body
specified by order made by the responsible ministers.

Police and Justice Bill
Schedule 9 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
97

      (5)
A person or body may be specified under sub-paragraph (4) only if it
exercises functions within any of the systems mentioned in section 24(1).
      (6)
A person or body may be specified under sub-paragraph (4) in relation to
particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read
5
as referring to an inspection that would involve inspecting the discharge of
any of its functions in relation to which it is specified.
      (7)
The responsible ministers may by order specify cases or circumstances in
which a notice need not, or may not, be given under this paragraph.
      (8)
Where a notice is given under this paragraph, the proposed inspection is not
10
to be carried out, or (as the case may be) is not to be carried out in the manner
mentioned in the notice.

This is subject to sub-paragraph (9).
      (9)
The responsible ministers, if satisfied that the proposed inspection—
(a)
would not impose an unreasonable burden on the organisation in
15
question, or
(b)
would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in
that manner.
     (10)
The responsible ministers may by order make provision supplementing that
20
made by this paragraph, including in particular—
(a)
provision about the form of notices;
(b)
provision prescribing the period within which notices are to be
given;
(c)
provision prescribing circumstances in which notices are, or are not,
25
to be made public;
(d)
provision for revising or withdrawing notices;
(e)
provision for setting aside notices not validly given.
Co-operation
11    (1)
The Chief Inspector shall co-operate with—
30
(a)
the inspection authorities listed in section 26(6), and
(b)
any other public authority specified by order made by the
responsible ministers,

where it is appropriate to do so for the efficient and effective discharge of his
functions.
35
      (2)
Sub-paragraph (1), so far as it applies to the discharge of functions of the
Chief Inspector with regard to devolved Welsh matters, has effect as if
paragraph (a) included a reference to the Auditor General for Wales.
      (3)
The Chief Inspector shall—
(a)
enter into arrangements with the Independent Police Complaints
40
Commission for the purposes of securing co-operation, in the
carrying out of their respective functions, between him and the
Commission;
(b)
ensure that members of his staff and persons providing assistance to
him by virtue of paragraph 5(2) provide the Commission with all
45
such assistance and co-operation as may be required by those

Police and Justice Bill
Schedule 9 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
98

arrangements or as otherwise appears to the Chief Inspector to be
appropriate for facilitating the carrying out by the Commission of its
functions.
Joint action
12    (1)
The Chief Inspector may act jointly with another public authority where it is
5
appropriate to do so for the efficient and effective discharge of his functions.
      (2)
The Chief Inspector shall act jointly with the Audit Commission when
carrying out—
(a)
an inspection into the discharge by police authorities in England of
their functions;
10
(b)
an inspection into the discharge in England of functions conferred by
or under section 6 of the Crime and Disorder Act 1998 (c. 37) (crime
and disorder strategies).
      (3)
The Chief Inspector shall act jointly with the Auditor General for Wales
when carrying out—
15
(a)
an inspection into the discharge by police authorities in Wales of
their functions;
(b)
an inspection into the discharge in Wales of functions conferred by
or under section 6 of the Crime and Disorder Act 1998.
Assistance for other public authorities
20
13    (1)
The Chief Inspector may if he thinks it appropriate to do so provide
assistance to any other public authority for the purpose of the exercise by
that authority of its functions.
      (2)
Assistance under this paragraph may be provided on such terms as the Chief
Inspector thinks fit.
25
Inspections carried out under arrangements
14    (1)
The Chief Inspector may make arrangements with the relevant authority
for—
(a)
the carrying out by him of inspections in England and Wales of any
institution or matter falling outside the scope of his duties under
30
sections 24 and 25;
(b)
the carrying out by him in Northern Ireland of inspections that fall
outside the scope of those duties;
(c)
the carrying out by him of inspections outside the United Kingdom
of any institution or matter.
35
      (2)
The “relevant authority” is—
(a)
for the purposes of sub-paragraph (1)(a) or (b), the public authority
responsible for the institution or matter in question;
(b)
for the purposes of sub-paragraph (1)(c), the authority in the
jurisdiction concerned that is responsible for the institution or matter
40
in question.
      (3)
Inspections under this paragraph may be carried out on such terms as the
Chief Inspector thinks fit.

Police and Justice Bill
Schedule 10 — Transfer of staff and property etc to the Chief Inspector
99

Charges
15
The Chief Inspector may, with the consent of the responsible ministers, enter
into arrangements for charges to be made—
(a)
for providing assistance under paragraph 13;
(b)
for carrying out inspections under paragraph 14;
5
(c)
for providing any other services that the Chief Inspector is not under
a duty to provide.
Inspections relating to devolved Welsh matters
16    (1)
The Chief Inspector may not carry out an inspection that relates (to any
extent) to devolved Welsh matters without the agreement of the National
10
Assembly for Wales.
      (2)
Sub-paragraph (1) does not apply to an inspection that the Chief Inspector is
directed to carry out under section 27(1).
Schedule 10
Section 32

Transfer of staff and property etc to the Chief Inspector
15
Staff transfer schemes
1     (1)
The responsible ministers may make a scheme (a “staff transfer scheme”)
containing provision about persons employed by or in the service of any of
the following—
(a)
Her Majesty’s Chief Inspector of Prisons;
20
(b)
Her Majesty’s Inspectors of Constabulary;
(c)
Her Majesty’s Chief Inspector of the Crown Prosecution Service;
(d)
Her Majesty’s Inspectorate of the National Probation Service for
England and Wales;
(e)
Her Majesty’s Inspectorate of Court Administration.
25
      (2)
A staff transfer scheme may provide—
(a)
for a person employed as mentioned in sub-paragraph (1) to become
an employee of the Chief Inspector;
(b)
for the contract of employment that the person had before becoming
an employee of the Chief Inspector to have effect (subject to any
30
necessary modifications) as if originally made between him and the
Chief Inspector;
(c)
for the transfer to the Chief Inspector of the rights, powers, duties
and liabilities of the employer under or in connection with the
contract of employment of a person who becomes an employee of the
35
Chief Inspector by virtue of the scheme;
(d)
for anything done before that transfer by or in relation to the
employer in respect of such a contract or the employee to be treated
as having been done by or in relation to the Chief Inspector.
      (3)
A staff transfer scheme may make provision for periods before a person
40
became an employee of the Chief Inspector to count as periods of

Police and Justice Bill
Schedule 10 — Transfer of staff and property etc to the Chief Inspector
100

employment with the Chief Inspector (and for the operation of the scheme
not to be treated as having interrupted the continuity of that employment).
      (4)
A staff transfer scheme may provide for a person who—
(a)
is employed as mentioned in sub-paragraph (1), and
(b)
would otherwise become an employee of the Chief Inspector by the
5
operation of the scheme,

not to become an employee of the Chief Inspector if the person gives notice
objecting to the operation of the scheme in relation to him.
      (5)
A staff transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
10
of the scheme not to be so treated.
      (6)
A staff transfer scheme may—
(a)
provide for the termination of the employment of a person employed
as mentioned in sub-paragraph (1);
(b)
contain provision as to the consequences of such termination
15
(including provision removing any entitlement to compensation that
might otherwise arise in such circumstances).
      (7)
The responsible ministers may make a payment of such amount (if any) as
they may determine to a person whose employment is terminated under
provision made by virtue of sub-paragraph (6).
20
2     (1)
A staff transfer scheme may make provision—
(a)
for an existing secondment to have effect, from a time appointed by
the scheme, as a secondment to the Chief Inspector, and
(b)
for the seconded person to serve from that time as a member of the
Chief Inspector’s staff.
25
      (2)
If the seconded person informs the Chief Inspector, or the person or body to
which or by which he is seconded, that he objects to the existing secondment
becoming a secondment to the Chief Inspector—
(a)
the scheme does not cause the existing secondment to become a
secondment to the Chief Inspector;
30
(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).
      (3)
In this paragraph “existing secondment” means a secondment by virtue of
which a person is a member of the staff of a person or body mentioned in
35
paragraph 1(1).
3
Before making a staff transfer scheme, the responsible ministers shall
consult such persons appearing to represent the interests of the employees
concerned as the responsible ministers consider appropriate.
Property transfer schemes
40
4     (1)
The responsible ministers may make a scheme (a “property transfer
scheme”) providing for the transfer to the Chief Inspector of property, rights
and liabilities of any of the following—
(a)
Her Majesty’s Chief Inspector of Prisons;
(b)
Her Majesty’s Inspectors of Constabulary;
45
(c)
Her Majesty’s Chief Inspector of the Crown Prosecution Service;