06230.8-11

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

8

      (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).

      (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
The inspectors of constabulary shall co-operate with—

(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)
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 the functions of the inspectors of constabulary.

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Joint action

5
The inspectors of constabulary may act jointly with another

public authority where it is appropriate to do so for the efficient

and effective discharge of their functions.

Assistance for other public authorities

6    (1)
The chief inspector of constabulary 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 of

constabulary thinks fit.

Orders under this Schedule

7
A statutory instrument containing an order under this Schedule

shall be subject to annulment in pursuance of a resolution of

either House of Parliament.””
12
Insert the following new Clause—

“
Her Majesty’s Chief Inspector of the Crown Prosecution Service

(1)
In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (c. 10)

(functions of Her Majesty’s Chief Inspector of the Crown Prosecution

Service), after subsection (4) there is inserted—

“(5)
The Schedule to this Act (which makes further provision about the

Chief Inspector) has effect.”

(2)
At the end of that Act there is inserted—

“Schedule

Section 2

Further provision about Her Majesty’s Chief Inspector of the Crown

Prosecution Service

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) it is nevertheless to be regarded for the purposes of

this Act as carried out by the Chief 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 Attorney General may specify by order, prepare—

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(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 Attorney General,

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

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

(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 Attorney General,


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

each programme or framework once it is prepared.

      (3)
The Attorney General 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, or causing visits to be made, without notice.

Co-operation

3    (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 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

Attorney General,


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

discharge of his functions.

11

Joint action

4
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

5    (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.

Powers of inspectors regarding documents

6    (1)
An inspector may for the purposes of an inspection under this

Act—

(a)
require documents to be produced;

(b)
inspect, copy or take away any documents produced;

(c)
require an explanation to be given of any document

produced;

(d)
require any other information to be provided.

      (2)
A reference in sub-paragraph (1) to the production of a document

includes a reference to the production of—

(a)
a legible and intelligible copy of information recorded

otherwise than in legible form, or

(b)
information in a form from which it can readily be

produced in legible and intelligible form.

      (3)
A person exercising the power under sub-paragraph (1) to

inspect documents—

(a)
is entitled to have access to, and inspect and check the

operation of, any computer and associated apparatus or

material that is or has been in use in connection with the

documents in question;

(b)
may require—

(i)
the person by whom or on whose behalf the

computer is or has been used, or

(ii)
any person having charge of, or otherwise

concerned with the operation of, the computer,

apparatus or material,


to afford him such reasonable assistance as he may

require.

Orders under this Schedule

7    (1)
The power to make an order under this Schedule is exercisable by

statutory instrument.

      (2)
A statutory instrument containing such an order shall be subject

to annulment in pursuance of a resolution of either House of

Parliament.””