06230.1-7

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Police and Justice Bill
[The page and line references are to HL Bill 104, the bill as first printed for the Lords.]
Before Clause 2
1
Insert the following new Clause—

“Revised power to alter police areas by order

In section 32(3) of the Police Act 1996 (c. 16) (power to alter police areas by

order)—

(a)
leave out “either”;

(b)
in paragraph (a) for “or” substitute “and”.”
After Clause 4
2
Insert the following new Clause—

“Police pension schemes


Power to merge schemes

Schedule (Power to merge police pension schemes) (power to merge police

pension schemes) has effect.”
3
Insert the following new Clause—

“Statutory consultation requirements


Consultation with APA and ACPO

(1)
Schedule (Consultation with APA and ACPO) (which amends provisions

requiring consultation with persons representing the interests of police

authorities or chief officers of police so that they require consultation with

the Association of Police Authorities or the Association of Chief Police

Officers) has effect.

(2)
If it is appears to the Secretary of State that, by reason of a change of name

or otherwise—

Bill 230 54/1

2

(a)
the interests of police authorities are represented by a body that is

not called the Association of Police Authorities, or

(b)
the interests of chief officers of police are represented by a body that

is not called the Association of Chief Police Officers of England,

Wales and Northern Ireland,


he may by order make the appropriate consequential amendments to any

statutory provision (including this subsection) containing a reference to the

association in question.

(3)
In subsection (2) “statutory provision” means provision contained in, or in

any instrument made under, any Act.”
Clause 5
4
Page 3, leave out lines 34 to 37 and insert—

“(a)
the Association of Police Authorities; and

(b)
the Association of Chief Police Officers.”
Clause 15
5
Leave out Clause 15
Clause 17
6
Page 14, line 16, leave out from “provision” to “about” in line 17
7
Page 14, line 18, after “arrangements” insert “, made up of provision corresponding

to that made by section 21 of the Local Government Act 2000 and particular

provision for the City of London”
Clause 22
8
Page 19, line 27, at end insert—

“(8)
A person is eligible to be the responsible officer in relation to a parenting

order under this section only if he is—

(a)
an officer of the local authority which applied for the order, or

(b)
a person nominated by that authority or by a person or body

requested by the authority to make a nomination.


A person may not be nominated under paragraph (b) without his consent.”
9
Page 20, line 22, at end insert—

“(9)
A person is eligible to be the responsible officer in relation to a parenting

order under this section only if he is—

(a)
an officer of the registered social landlord which applied for the

order, or

(b)
a person nominated by that registered social landlord.


A person may not be nominated under paragraph (b) without his consent.

(10)
In deciding whom to nominate under subsection (9)(b) a registered social

landlord must take into account the views of—

(a)
the local authority mentioned in subsection (8), and

(b)
such other persons or bodies as the registered social landlord thinks

appropriate.”

3

Before Clause 26
10
Insert the following new Clause—

“
Her Majesty’s Chief Inspector of Prisons

(1)
In section 5A of the Prison Act 1952 (c. 52) (appointment and functions of

Her Majesty’s Chief Inspector of Prisons), after subsection (6) there is

inserted—

“(7)
Schedule A1 to this Act (which makes further provision about the

Chief Inspector) has effect.”

(2)
At the beginning of the Schedules to that Act there is inserted—

“Schedule A1

Section 5A

Further provision about Her Majesty’s Chief Inspector of Prisons

Delegation of functions

1    (1)
The Chief Inspector may delegate any of his functions (to such

extent as he may determine) to another public authority.

      (2)
If the carrying out of an inspection is delegated under sub-

paragraph (1) above it is nevertheless to be regarded for the

purposes of section 5A of this Act and this Schedule as carried

out by the Chief Inspector.

      (3)
In sub-paragraph (1) above “public authority” includes any

person certain of whose functions are functions of a public

nature.

Inspection programmes and inspection frameworks

2    (1)
The Chief Inspector shall from time to time, or at such times as

the Secretary of State 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 framework”).

      (2)
Before preparing an inspection programme or an inspection

framework the Chief Inspector shall consult—

(a)
the Secretary of State,

(b)
Her Majesty’s Chief Inspector of Constabulary,

(c)
Her Majesty’s Chief Inspector of the Crown Prosecution

Service,

(d)
Her Majesty’s Chief Inspector of the National Probation

Service for England and Wales,

(e)
Her Majesty’s Chief Inspector of Court Administration,

(f)
Her Majesty’s Chief Inspector of Education, Children’s

Services and Skills,

(g)
the Commission for Healthcare Audit and Inspection,

(h)
the Commission for Social Care Inspection,

4

(i)
the Audit Commission for Local Government and the

National Health Service in England and Wales,

(j)
the Auditor General for Wales, and

(k)
any other person or body specified by an order made by

the Secretary of State,


and he shall send to each of those persons or bodies a copy of

each programme or framework once it is prepared.

      (3)
The Secretary of State may by order specify the form that

inspection programmes or inspection frameworks are to take.

      (4)
Nothing in any inspection programme or inspection framework

is to be read as preventing the Chief Inspector from making visits

without notice.

Inspections by other inspectors of organisations within Chief Inspector’s remit

3    (1)
If—

(a)
a person or body within sub-paragraph (2) below 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 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) below,

give a notice to that person or body not to carry out the proposed

inspection, or not to carry it out in that manner.

      (2)
The persons or bodies within this sub-paragraph are—

(a)
Her Majesty’s Inspectorate of the National Probation

Service for England and Wales;

(b)
Her Majesty’s Chief Inspector of Education, Children’s

Services and Skills;

(c)
the Commission for Healthcare Audit and Inspection;

(d)
the Commission for Social Care Inspection;

(e)
the Audit Commission for Local Government and the

National Health Service in England and Wales.

      (3)
The Secretary of State may by order amend sub-paragraph (2)

above.

      (4)
In sub-paragraph (1)(a) above “specified organisation” means a

person or body specified by order made by the Secretary of State.

      (5)
A person or body may be specified under sub-paragraph (4)

above only if it exercises functions in relation to any prison or

other institution or matter falling with the scope of the Chief

Inspector’s duties under section 5A of this Act.

      (6)
A person or body may be specified under sub-paragraph (4)

above in relation to particular functions that it has.


In the case of a person or body so specified, sub-paragraph (1)(a)

above is to be read as referring to an inspection that would

involve inspecting the discharge of any of its functions in relation

to which it is specified.

5

      (7)
The Secretary of State 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 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) below.

      (9)
The Secretary of State, if satisfied that the proposed inspection—

(a)
would not impose an unreasonable burden on the

organisation in 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 Secretary of State may by order make provision

supplementing that 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, to be made public;

(d)
provision for revising or withdrawing notices;

(e)
provision for setting aside notices not validly given.

Co-operation

4    (1)
The Chief Inspector shall co-operate with—

(a)
Her Majesty’s Inspectors of Constabulary,

(b)
Her Majesty’s Chief Inspector of the Crown Prosecution

Service,

(c)
Her Majesty’s Inspectorate of the National Probation

Service for England and Wales,

(d)
Her Majesty’s Inspectorate of Court Administration,

(e)
Her Majesty’s Chief Inspector of Education, Children’s

Services and Skills,

(f)
the Commission for Healthcare Audit and Inspection,

(g)
the Commission for Social Care Inspection,

(h)
the Audit Commission for Local Government and the

National Health Service in England and Wales,

(i)
the Auditor General for Wales, and

(j)
any other public authority specified by order made by the

Secretary of State,


where it is appropriate to do so for the efficient and effective

discharge of his functions.

Joint action

5
The Chief Inspector may act jointly with another public authority

where it is appropriate to do so for the efficient and effective

discharge of his functions.

6

Assistance for other public authorities

6    (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

(including terms as to payment) as the Chief Inspector thinks

fit.””
11
Insert the following new Clause—

“
Her Majesty’s Inspectors of Constabulary

(1)
In section 54 of the Police Act 1996 (c. 16) (appointment and functions of

Her Majesty’s Inspectors of Constabulary), after subsection (5) there is

inserted—

“(6)
Schedule 4A (which makes further provision about the inspectors

of constabulary) has effect.”

(2)
After Schedule 4 to that Act there is inserted—

“Schedule 4A

Section 54

Further provision about Her Majesty’s Inspectors of Constabulary

Delegation of functions

1    (1)
An inspector of constabulary may delegate any of his functions

(to such extent as he may determine) to another public authority.

      (2)
If an inspector of constabulary delegates the carrying out of an

inspection under sub-paragraph (1) it is nevertheless to be

regarded for the purposes of section 54 and this Schedule as

carried out by the inspector.

      (3)
In sub-paragraph (1) “public authority” includes any person

certain of whose functions are functions of a public nature.

Inspection programmes and inspection frameworks

2    (1)
The chief inspector of constabulary shall from time to time, or at

such times as the Secretary of State 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 framework”).

      (2)
Before preparing an inspection programme or an inspection

framework the chief inspector of constabulary shall consult—

(a)
the Secretary of State,

(b)
Her Majesty’s Chief Inspector of Prisons,

(c)
Her Majesty’s Chief Inspector of the Crown Prosecution

Service,

7

(d)
Her Majesty’s Chief Inspector of the National Probation

Service for England and Wales,

(e)
Her Majesty’s Chief Inspector of Court Administration,

(f)
Her Majesty’s Chief Inspector of Education, Children’s

Services and Skills,

(g)
the Commission for Healthcare Audit and Inspection,

(h)
the Commission for Social Care Inspection,

(i)
the Audit Commission for Local Government and the

National Health Service in England and Wales,

(j)
the Auditor General for Wales, and

(k)
any other person or body specified by an order made by

the Secretary of State,


and he shall send to each of those persons or bodies a copy of

each programme or framework once it is prepared.

      (3)
The Secretary of State may by order specify the form that

inspection programmes or inspection frameworks are to take.

      (4)
Nothing in any inspection programme or inspection framework

is to be read as preventing the inspectors of constabulary from

making visits without notice.

Inspections by other inspectors of organisations within remit of inspectors of

constabulary

3    (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 of constabulary considers that the

proposed inspection would impose an unreasonable

burden on that organisation, or would do so if carried out

in a particular manner,


the chief inspector of constabulary 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.

      (2)
The persons or bodies within this sub-paragraph are—

(a)
Her Majesty’s Chief Inspector of Prisons;

(b)
Her Majesty’s Chief Inspector of the Crown Prosecution

Service;

(c)
Her Majesty’s Inspectorate of the National Probation

Service for England and Wales;

(d)
the Audit Commission for Local Government and the

National Health Service in England and Wales.

      (3)
The Secretary of State 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 Secretary of State.

      (5)
A person or body may be specified under sub-paragraph (4) only

if it exercises functions in relation to any matter falling with the

scope of the duties of the inspectors of constabulary under

section 54 of this Act.