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| | | ‘Inspections by other inspectors of organisations within remit of Chief Inspector |
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| | | (a) | a person or body within sub-paragraph (2) is proposing to carry out an |
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| | | inspection that would involve inspecting a specified organisation, and |
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| | | (b) | the Chief Inspector considers that the proposed inspection would |
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| | | impose an unreasonable burden on that organisation, or would do so if |
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| | | carried out in a particular manner, |
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| | | | the Chief Inspector shall, subject to sub-paragraph (6), give a notice to that |
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| | | person or body not to carry out the proposed inspection, or not to carry it out |
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| | | (2) | The persons or bodies within this sub-paragraph are those that are specified by |
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| | | an order made by the Attorney General. |
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| | | (3) | In sub-paragraph (1)(a) “specified organisation” means a person or body |
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| | | specified by an order made by the Attorney General. |
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| | | (4) | A person or body may be specified under sub-paragraph (3) only if it exercises |
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| | | functions in relation to any matter falling with the scope of the duties of the |
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| | | Chief Inspector under this Act or any other enactment. |
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| | | (5) | A person or body may be specified under sub-paragraph (3) in relation to |
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| | | particular functions that it has. |
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| | | | In the case of a person or body so specified, sub-paragraph (1)(a) is to be read |
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| | | as referring to an inspection that would involve inspecting the discharge of any |
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| | | of its functions in relation to which it is specified. |
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| | | (6) | The Attorney General may by order specify cases or circumstances in which a |
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| | | notice need not, or may not, be given under this paragraph. |
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| | | (7) | Where a notice is given under this paragraph, the proposed inspection is not to |
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| | | be carried out, or (as the case may be) is not to be carried out in the manner |
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| | | | This is subject to sub-paragraph (8). |
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| | | (8) | The Attorney General, if satisfied that the proposed inspection— |
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| | | (a) | would not impose an unreasonable burden on the organisation in |
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| | | (b) | would not do so if carried out in a particular manner, |
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| | | | may give consent to the inspection being carried out, or being carried out in |
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| | | (9) | The Attorney General may by order make provision supplementing that made |
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| | | by this paragraph, including in particular— |
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| | | (a) | provision about the form of notices; |
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| | | (b) | provision prescribing the period within which notices are to be given; |
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| | | (c) | provision prescribing circumstances in which notices are, or are not, |
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| | | (d) | provision for revising or withdrawing notices; |
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| | | (e) | provision for setting aside notices not validly given.’. |
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| | Leave out lines 71 to 73 and insert— |
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| | | ‘4 (1) | The Chief Inspector may act jointly with another public authority where it is |
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| | | appropriate to do so for the efficient and effective discharge of his functions. |
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| | | (2) | The Chief Inspector, acting jointly with the chief inspectors within sub- |
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| | | paragraph (3), shall prepare a document (a “joint inspection programme”) |
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| | | (a) | what inspections he proposes to carry out in the exercise of the power |
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| | | conferred by sub-paragraph (1), and |
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| | | (b) | what inspections the chief inspectors within sub-paragraph (3) (or |
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| | | their inspectorates) propose to carry out in the exercise of any |
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| | | corresponding powers conferred on them. |
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| | | (3) | The chief inspectors within this sub-paragraph are— |
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| | | (a) | Her Majesty’s Chief Inspector of Prisons; |
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| | | (b) | Her Majesty’s Chief Inspector of Constabulary; |
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| | | (c) | Her Majesty’s Chief Inspector of the National Probation Service for |
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| | | (d) | Her Majesty’s Chief Inspector of Court Administration. |
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| | | (4) | A joint inspection programme must be prepared from time to time or at such |
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| | | times as the Secretary of State, Lord Chancellor and the Attorney General may |
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| | | (5) | Sub-paragraphs (2), (2A) and (4) of paragraph 2 apply to a joint inspection |
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| | | programme as they apply to a document prepared under that paragraph. |
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| | | (6) | The Secretary of State, Lord Chancellor and the Attorney General may by a |
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| | | joint direction specify the form that a joint inspection programme is to take.’. |
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| | | Lords Amendment, as amended, Agreed to. |
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| | As Amendments to the Lords Amendment:— |
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| | Line 19, leave out ‘sub-paragraph (1)’ and insert ‘this Schedule’. |
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| | Line 30, leave out ‘shall’ and insert ‘may’. |
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| | Line 30, leave out from ‘shall’ to end of line 31 and insert ‘consult the Secretary |
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| | of State and (subject to subsection (2A))—’. |
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| | | ‘(2A) | The requirement in sub-paragraph (2) to consult, and to send copies to, a |
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| | | person or body listed in paragraphs (b) to (k) is subject to any agreement made |
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| | | between the Chief Inspector and that person or body to waive the requirement |
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| | | in such cases or circumstances as may be specified in the agreement.’. |
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| | Line 53, leave out ‘Chief Inspector’s’ and insert ‘inspectorate’s’. |
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| | | ‘( ) | Her Majesty’s Chief Inspector of Education, Children’s Services and |
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| | Leave out lines 125 to 127 and insert— |
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| | | ‘5 (1) | The inspectorate may act jointly with another public authority where it is |
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| | | appropriate to do so for the efficient and effective discharge of the |
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| | | inspectorate’s functions. |
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| | | (2) | The chief inspector, acting jointly with the chief inspectors within sub- |
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| | | paragraph (3), shall prepare a document (a “joint inspection programme”) |
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| | | |
| | | (a) | what inspections the inspectorate proposes to carry out in the exercise |
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| | | of the power conferred by sub-paragraph (1), and |
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| | | (b) | what inspections the chief inspectors within sub-paragraph (3) (or |
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| | | their inspectorates) propose to carry out in the exercise of any |
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| | | corresponding powers conferred on them. |
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| | | (3) | The chief inspectors within this sub-paragraph are— |
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| | | (a) | Her Majesty’s Chief Inspector of Prisons; |
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| | | (b) | Her Majesty’s Chief Inspector of Constabulary; |
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| | | (c) | Her Majesty’s Chief Inspector of the Crown Prosecution Service; |
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| | | (d) | Her Majesty’s Chief Inspector of Court Administration. |
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| | | (4) | A joint inspection programme must be prepared from time to time or at such |
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| | | times as the Secretary of State, Lord Chancellor and the Attorney General may |
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| | | |
| | | (5) | Sub-paragraphs (2), (2A) and (4) of paragraph 2 apply to a joint inspection |
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| | | programme as they apply to a document prepared under that paragraph. |
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| | | (6) | The Secretary of State, Lord Chancellor and the Attorney General may by a |
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| | | joint direction specify the form that a joint inspection programme is to take.’. |
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| | | Lords Amendment, as amended, Agreed to. |
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| | |
| | | |
| | As Amendments to the Lords Amendment:— |
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| | |
| | | |
| | Line 18, leave out ‘sub-paragraph (1)’ and insert ‘this Schedule’. |
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| | Line 29, leave out ‘shall’ and insert ‘may’. |
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| | |
| | | |
| | Line 29, leave out from ‘shall’ to end of line 31 and insert ‘consult the Lord |
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| | Chancellor, the Lord Chief Justice of England and Wales and (subject to |
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| | | ‘(2A) | The requirement in sub-paragraph (2) to consult, and to send copies to, a |
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| | | person or body listed in paragraphs (c) to (l) is subject to any agreement made |
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| | | between the Chief Inspector and that person or body to waive the requirement |
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| | | in such cases or circumstances as may be specified in the agreement.’. |
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| | Line 54, leave out ‘Chief Inspector’s’ and insert ‘inspectors’’. |
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| | Line 75, after first ‘of’, insert ‘the duties of’. |
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| | Line 107, leave out ‘Chief Inspector’ and insert ‘inspectors of court |
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| | Line 124, leave out ‘his functions’ and insert ‘the inspectors’ functions’. |
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| | | |
| | Leave out lines 126 to 128 and insert— |
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| | | ‘5 (1) | The inspectors of court administration may act jointly with another public |
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| | | authority where it is appropriate to do so for the efficient and effective |
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| | | discharge of the inspectors’ functions. |
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| | | (2) | The Chief Inspector, acting jointly with the chief inspectors within sub- |
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| | | paragraph (3), shall prepare a document (a “joint inspection programme”) |
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| | | |
| | | (a) | what inspections the inspectors of court administration propose to |
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| | | carry out in the exercise of the power conferred by sub-paragraph (1), |
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| | |
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| | | (b) | what inspections the chief inspectors within sub-paragraph (3) (or |
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| | | their inspectorates) propose to carry out in the exercise of any |
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| | | corresponding powers conferred on them. |
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| | | (3) | The persons and bodies within this sub-paragraph are— |
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| | | (a) | Her Majesty’s Chief Inspector of Prisons; |
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| | | (b) | Her Majesty’s Chief Inspector of Constabulary; |
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| | | (c) | Her Majesty’s Chief Inspector of the Crown Prosecution Service; |
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| | | (d) | Her Majesty’s Chief Inspector of the National Probation Service for |
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| | | |
| | | (4) | A joint inspection programme must be prepared from time to time or at such |
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| | | times as the Secretary of State, Lord Chancellor and the Attorney General may |
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| | | |
| | | (5) | Sub-paragraphs (2), (2A) and (4) of paragraph 2 apply to a joint inspection |
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| | | programme as they apply to a document prepared under that paragraph. |
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| | | (6) | The Secretary of State, Lord Chancellor and the Attorney General may by a |
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| | | joint direction specify the form that a joint inspection programme is to take.’. |
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| | Line 130, leave out ‘Chief Inspector may if he thinks’ and insert ‘inspectors of |
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| | court administration may if they think’. |
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| | | Lords Amendment, as amended, Agreed to. |
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| | | Lords Amendments 15 to 27, 42, 43, 46, 53, 78 to 80, 86, 93, 101, 110, 112, 2 to 4, 6 to |
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| | | 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, |
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