1 (1) The Chief Inspector may delegate any of his functions (to such extent as he may determine) to another public authority.
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(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-
(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
(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. 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.
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(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
(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.
(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
(2) A statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.””
Before Clause 28, insert the following new clause-
(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-
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”);
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(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 (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
(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.
(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.
(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).
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(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
(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.””
Before Clause 28, insert the following new clause-
(1) In Part 5 of the Courts Act 2003 (c. 39) (inspectors of court administration), after section 61 there is inserted-
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.
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(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, (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
(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.
(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.
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(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.
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
(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.
(2) Assistance under this paragraph may be provided on such terms (including terms as to payment) as the Chief Inspector thinks fit.””
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Before Clause 28, insert the following new clause-
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.”
On Question, amendments agreed to.
Clause 28 [Appointment of Chief Inspector]:
Baroness Scotland of Asthal moved Amendment No. 22:
On Question, amendment agreed to.
Clause 29 [General duty of Chief Inspector]:
[Amendments Nos. 23 and 24 not moved.]
Baroness Scotland of Asthal moved Amendment No. 25:
On Question, amendment agreed to.
Clause 30 [Power to confer additional functions on Chief Inspector]:
Baroness Scotland of Asthal moved Amendment No. 26:
On Question, amendment agreed to.
Clause 31 [Ministerial directions]:
Baroness Scotland of Asthal moved Amendment No. 27:
On Question, amendment agreed to.
Clause 32 [Powers of persons carrying out inspections]:
Baroness Scotland of Asthal moved Amendment No. 28:
On Question, amendment agreed to.
