06230.12-18

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

12
13
Insert the following new Clause—

“
Her Majesty’s Inspectorate of the National Probation Service for England and

Wales

(1)
In section 7 of the Criminal Justice and Court Services Act 2000 (c. 43)

(functions of Her Majesty’s Inspector of the National Probation Service for

England and Wales), after subsection (6) there is inserted—

“(7)
Schedule 1A (which makes further provision about the

inspectorate) has effect.”

(2)
After Schedule 1 to that Act there is inserted—

“Schedule 1A

Section 7

Further provision about the inspectorate

Delegation of functions

1    (1)
A member of the inspectorate may delegate any of his functions

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

      (2)
If a member of the inspectorate delegates the carrying out of an

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

regarded for the purposes of section 7 and this Schedule as

carried out by that member.

      (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 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 Prisons,

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

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

Service,

(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

13

(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 inspectorate 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) 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), 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)
the Commission for Healthcare Audit and Inspection;

(c)
the Commission for Social Care Inspection;

(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 inspectorate under section 7.

      (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 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 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).

14

      (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 inspectorate shall co-operate with—

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

(b)
Her Majesty’s Inspectors of Constabulary,

(c)
Her Majesty’s Inspectorate of the Crown Prosecution

Service,

(d)
Her Majesty’s Chief Inspector 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 the functions of the inspectorate.

Joint action

5
The inspectorate may act jointly with another public authority

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

discharge of his functions.

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.””

15
14
Insert the following new Clause—

“
Her Majesty’s Inspectorate of Court Administration

(1)
In Part 5 of the Courts Act 2003 (c. 39) (inspectors of court administration),

after section 61 there is inserted—

“61A
Further provision about the inspectorate

Schedule 3A (further provision about the inspectorate) has effect.”

(2)
After Schedule 3 to that Act there is inserted—

“Schedule 3A

Section 61A

Further provision about the inspectors of court administration

Delegation of functions

1    (1)
An inspector of court administration may delegate any of his

functions (to such extent as he may determine) to another public

authority.

      (2)
If an inspector of court administration delegates the carrying out

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

regarded for the purposes of this Part 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 shall from time to time, or at such times as

the Lord Chancellor 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 Lord Chief Justice of England and Wales,

(b)
the Lord Chancellor,

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

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

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

Service,

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

Service for England and Wales,

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

Services and Skills,

(h)
the Commission for Healthcare Audit and Inspection,

(i)
the Commission for Social Care Inspection,

16

(j)
the Audit Commission for Local Government and the

National Health Service in England and Wales,

(k)
the Auditor General for Wales, and

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

the Lord Chancellor,


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

each programme or framework once it is prepared.

      (3)
The Lord Chancellor 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 court administration

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) 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 (6), 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)
the Audit Commission for Local Government and the

National Health Service in England and Wales;

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

the Lord Chancellor.

      (3)
In sub-paragraph (1)(a) “specified organisation” means a person

or body specified by order made by the Lord Chancellor.

      (4)
A person or body may be specified under sub-paragraph (3) only

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

scope of the inspectors of court administration under section 59

of this Act.

      (5)
A person or body may be specified under sub-paragraph (3) 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 as referring to an inspection that would involve

inspecting the discharge of any of its functions in relation to

which it is specified.

      (6)
The Lord Chancellor may by order specify cases or circumstances

in which a notice need not, or may not, be given under this

paragraph.

      (7)
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.

17


This is subject to sub-paragraph (8).

      (8)
The Lord Chancellor, 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.

      (9)
The Lord Chancellor 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 Chief Inspector of Prisons,

(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 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

Lord Chancellor,


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.

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.

18

      (2)
Assistance under this paragraph may be provided on such terms

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

fit.””
15
Insert the following new Clause—

“
Transitional provision

In relation to any time before the commencement of the provision in Part 8

of the Education and Inspections Act 2006 establishing the office of Her

Majesty’s Chief Inspector of Education, Children’s Services and Skills, a

reference to that inspector in any provision inserted by this Part is to be

read as a reference to—

(a)
Her Majesty’s Chief Inspector of Schools in England, and

(b)
the Adult Learning Inspectorate.”
Clause 26
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Leave out Clause 26
Clause 27
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Leave out Clause 27
Clause 28
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Leave out Clause 28
Clause 29
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Leave out Clause 29
Clause 30
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Leave out Clause 30
Clause 31
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Leave out Clause 31
Clause 32
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Leave out Clause 32
Clause 33
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Leave out Clause 33
Clause 34
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Leave out Clause 34
Clause 35
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Leave out Clause 35