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Proceedings on Consideration of Lords Amendments: 24th October 2006 

1152

 

Police and Justice Bill, continued

 
 

‘Inspections by other inspectors of organisations within remit of Chief Inspector

 

2A  (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 those that are specified by

 

an order made by the Attorney General.

 

      (3)  

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

 

specified by an order made by the Attorney General.

 

      (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 duties of the

 

Chief Inspector under this Act or any other enactment.

 

      (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 Attorney General 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.

 

            

This is subject to sub-paragraph (8).

 

      (8)  

The Attorney General, 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 Attorney General 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.’.

 

Secretary John Reid

 

Agreed to  (f)

 

Leave out lines 71 to 73 and insert—

 

‘4  (1)  

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.

 

      (2)  

The Chief Inspector, acting jointly with the chief inspectors within sub-

 

paragraph (3), shall prepare a document (a “joint inspection programme”)

 

setting out—


 
 

Proceedings on Consideration of Lords Amendments: 24th October 2006 

1153

 

Police and Justice Bill, continued

 
 

(a)    

what inspections he proposes to carry out in the exercise of the power

 

conferred by sub-paragraph (1), and

 

(b)    

what inspections the chief inspectors within sub-paragraph (3) (or

 

their inspectorates) propose to carry out in the exercise of any

 

corresponding powers conferred on them.

 

      (3)  

The chief inspectors within this sub-paragraph are—

 

(a)    

Her Majesty’s Chief Inspector of Prisons;

 

(b)    

Her Majesty’s Chief Inspector of Constabulary;

 

(c)    

Her Majesty’s Chief Inspector of the National Probation Service for

 

England and Wales;

 

(d)    

Her Majesty’s Chief Inspector of Court Administration.

 

      (4)  

A joint inspection programme must be prepared from time to time or at such

 

times as the Secretary of State, Lord Chancellor and the Attorney General may

 

jointly direct.

 

      (5)  

Sub-paragraphs (2), (2A) and (4) of paragraph 2 apply to a joint inspection

 

programme as they apply to a document prepared under that paragraph.

 

      (6)  

The Secretary of State, Lord Chancellor and the Attorney General may by a

 

joint direction specify the form that a joint inspection programme is to take.’.

 

Lords Amendment, as amended, Agreed to.

 


 

Lords Amendment No. 13

 

As Amendments to the Lords Amendment:—

 

Secretary John Reid

 

Agreed to  (b)

 

Line  19,  leave out ‘sub-paragraph (1)’ and insert ‘this Schedule’.

 

David Davis

 

Mr Edward Garnier

 

Nick Herbert

 

Damian Green

 

Patrick Mercer

 

Mr Dominic Grieve

 

Not called  (a)

 

Line  30,  leave out ‘shall’ and insert ‘may’.

 

Secretary John Reid

 

Agreed to  (c)

 

Line  30,  leave out from ‘shall’ to end of line 31 and insert ‘consult the Secretary

 

of State and (subject to subsection (2A))—’.

 

Secretary John Reid

 

Agreed to  (d)

 

Line  47,  at end insert—

 

  ‘(2A)  

The requirement in sub-paragraph (2) to consult, and to send copies to, a

 

person or body listed in paragraphs (b) to (k) is subject to any agreement made

 

between the Chief Inspector and that person or body to waive the requirement

 

in such cases or circumstances as may be specified in the agreement.’.


 
 

Proceedings on Consideration of Lords Amendments: 24th October 2006 

1154

 

Police and Justice Bill, continued

 
 

Secretary John Reid

 

Agreed to  (e)

 

Line  53,  leave out ‘Chief Inspector’s’ and insert ‘inspectorate’s’.

 

Secretary John Reid

 

Agreed to  (f)

 

Line  66,  at end insert—

 

‘( )    

Her Majesty’s Chief Inspector of Education, Children’s Services and

 

Skills;’.

 

Secretary John Reid

 

Agreed to  (g)

 

Leave out lines 125 to 127 and insert—

 

‘5  (1)  

The inspectorate may act jointly with another public authority where it is

 

appropriate to do so for the efficient and effective discharge of the

 

inspectorate’s functions.

 

      (2)  

The chief inspector, acting jointly with the chief inspectors within sub-

 

paragraph (3), shall prepare a document (a “joint inspection programme”)

 

setting out—

 

(a)    

what inspections the inspectorate proposes to carry out in the exercise

 

of the power conferred by sub-paragraph (1), and

 

(b)    

what inspections the chief inspectors within sub-paragraph (3) (or

 

their inspectorates) propose to carry out in the exercise of any

 

corresponding powers conferred on them.

 

      (3)  

The chief inspectors within this sub-paragraph are—

 

(a)    

Her Majesty’s Chief Inspector of Prisons;

 

(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 Court Administration.

 

      (4)  

A joint inspection programme must be prepared from time to time or at such

 

times as the Secretary of State, Lord Chancellor and the Attorney General may

 

jointly direct.

 

      (5)  

Sub-paragraphs (2), (2A) and (4) of paragraph 2 apply to a joint inspection

 

programme as they apply to a document prepared under that paragraph.

 

      (6)  

The Secretary of State, Lord Chancellor and the Attorney General may by a

 

joint direction specify the form that a joint inspection programme is to take.’.

 

Lords Amendment, as amended, Agreed to.

 


 

Lords Amendment No. 14

 

As Amendments to the Lords Amendment:—

 

Secretary John Reid

 

Agreed to  (b)

 

Line  18,  leave out ‘sub-paragraph (1)’ and insert ‘this Schedule’.


 
 

Proceedings on Consideration of Lords Amendments: 24th October 2006 

1155

 

Police and Justice Bill, continued

 
 

David Davis

 

Mr Edward Garnier

 

Nick Herbert

 

Damian Green

 

Patrick Mercer

 

Mr Dominic Grieve

 

Not called  (a)

 

Line  29,  leave out ‘shall’ and insert ‘may’.

 

Secretary John Reid

 

Agreed to  (c)

 

Line  29,  leave out from ‘shall’ to end of line 31 and insert ‘consult the Lord

 

Chancellor, the Lord Chief Justice of England and Wales and (subject to

 

subsection (2A))—’.

 

Secretary John Reid

 

Agreed to  (d)

 

Line  48,  at end insert—

 

  ‘(2A)  

The requirement in sub-paragraph (2) to consult, and to send copies to, a

 

person or body listed in paragraphs (c) to (l) is subject to any agreement made

 

between the Chief Inspector and that person or body to waive the requirement

 

in such cases or circumstances as may be specified in the agreement.’.

 

Secretary John Reid

 

Agreed to  (e)

 

Line  54,  leave out ‘Chief Inspector’s’ and insert ‘inspectors’’.

 

Secretary John Reid

 

Agreed to  (f)

 

Line  75,  after first ‘of’, insert ‘the duties of’.

 

Secretary John Reid

 

Agreed to  (g)

 

Line  107,  leave out ‘Chief Inspector’ and insert ‘inspectors of court

 

administration’.

 

Secretary John Reid

 

Agreed to  (h)

 

Line  124,  leave out ‘his functions’ and insert ‘the inspectors’ functions’.

 

Secretary John Reid

 

Agreed to  (i)

 

Leave out lines 126 to 128 and insert—

 

‘5  (1)  

The inspectors of court administration may act jointly with another public

 

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

 

discharge of the inspectors’ functions.

 

      (2)  

The Chief Inspector, acting jointly with the chief inspectors within sub-

 

paragraph (3), shall prepare a document (a “joint inspection programme”)

 

setting out—

 

(a)    

what inspections the inspectors of court administration propose to

 

carry out in the exercise of the power conferred by sub-paragraph (1),

 

and


 
 

Proceedings on Consideration of Lords Amendments: 24th October 2006 

1156

 

Police and Justice Bill, continued

 
 

(b)    

what inspections the chief inspectors within sub-paragraph (3) (or

 

their inspectorates) propose to carry out in the exercise of any

 

corresponding powers conferred on them.

 

      (3)  

The persons and bodies within this sub-paragraph are—

 

(a)    

Her Majesty’s Chief Inspector of Prisons;

 

(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.

 

      (4)  

A joint inspection programme must be prepared from time to time or at such

 

times as the Secretary of State, Lord Chancellor and the Attorney General may

 

jointly direct.

 

      (5)  

Sub-paragraphs (2), (2A) and (4) of paragraph 2 apply to a joint inspection

 

programme as they apply to a document prepared under that paragraph.

 

      (6)  

The Secretary of State, Lord Chancellor and the Attorney General may by a

 

joint direction specify the form that a joint inspection programme is to take.’.

 

Secretary John Reid

 

Agreed to  (j)

 

Line  130,  leave out ‘Chief Inspector may if he thinks’ and insert ‘inspectors of

 

court administration may if they think’.

 

Lords Amendment, as amended, Agreed to.

 


 

Lords Amendments 15 to 27, 42, 43, 46, 53, 78 to 80, 86, 93, 101, 110, 112, 2 to 4, 6 to

 

9, 28 to 35, 37 to 41, 44, 45, 47 to 52, 54 to 70, 72 to 77, 87 to 92, 94 to 100, 102 to 109,

 

111 and 113 Agreed to.

 


 
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