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Police and Justice Bill


 
 

 

Police and Justice Bill

commons AMENDMENTS AND REASONS

[The page and line references are to HL Bill 104, the bill as first printed for the Lords.]

Before Clause 2

LORDS AMENDMENT NO. 1

1

Insert the following new Clause—

 

“Revised power to alter police areas by order

 

In section 32(3) of the Police Act 1996 (c. 16) (power to alter police areas by

 

order)—

 

(a)    

leave out “either”;

 

(b)    

in paragraph (a) for “or” substitute “and”.”

 

cOMMONS DISAGREEMENt and reason

 

The Commons disagree to this Amendment for the following Reason—

1A

Because it would be inappropriate to change, in the way that the Lords Amendment would

 

do, the provisions of the Police Act 1996 about making alterations in police areas by order

Clause 15

LORDS AMENDMENT NO. 5

5

Leave out Clause 15

 

Commons disagreement and reason

 

The Commons disagree to this Amendment for the following Reason—

5A

Because the clause removed by the Lords Amendment would improve the provisions about

 

conditional cautions

 
 
HL Bill 15954/1

 
 

Police and Justice Bill

2

 

Before Clause 26

LORDS AMENDMENT NO. 10

10

Insert the following new Clause—

 

“Her Majesty’s Chief Inspector of Prisons

 

(1)    

In section 5A of the Prison Act 1952 (c. 52) (appointment and functions of

 

Her Majesty’s Chief Inspector of Prisons), after subsection (6) there is

 

inserted—

 

“(7)    

Schedule A1 to this Act (which makes further provision about the

 

Chief Inspector) has effect.”

 

(2)    

At the beginning of the Schedules to that Act there is inserted—

 

“Schedule A1

 

Section 5A

 

Further provision about Her Majesty’s Chief Inspector of Prisons

 

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) above it is nevertheless to be regarded for the

 

purposes of section 5A of this Act and this Schedule as carried

 

out by the Chief Inspector.

 

      (3)  

In sub-paragraph (1) above “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 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,

 

(e)    

Her Majesty’s Chief Inspector of Court Administration,

 

(f)    

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

 

Services and Skills,


 
 

Police and Justice Bill

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(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 Chief Inspector 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) below 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) below,

 

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 Inspectorate of the National Probation

 

Service for England and Wales;

 

(b)    

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

 

Services and Skills;

 

(c)    

the Commission for Healthcare Audit and Inspection;

 

(d)    

the Commission for Social Care Inspection;

 

(e)    

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)

 

above.

 

      (4)  

In sub-paragraph (1)(a) above “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)

 

above only if it exercises functions in relation to any prison or

 

other institution or matter falling with the scope of the Chief

 

Inspector’s duties under section 5A of this Act.

 

      (6)  

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

 

above in relation to particular functions that it has.

 

            

In the case of a person or body so specified, sub-paragraph (1)(a)

 

above is to be read as referring to an inspection that would


 
 

Police and Justice Bill

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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) below.

 

      (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 Chief Inspector shall co-operate with—

 

(a)    

Her Majesty’s Inspectors of Constabulary,

 

(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 his functions.


 
 

Police and Justice Bill

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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.””

 

COMMONS AMENDMENTS TO LORDS AMENDMENT

 

The Commons propose the following Amendments to Amendment 10—

10A

Line 18, leave out “sub-paragraph (1) above” and insert “this Schedule”

10B

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

 

State and (subject to subsection (2A) below)—”

10C

Line 48, at end insert—

 

“(2A)    

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

 

to, a person or body listed in paragraphs (b) to (k) of that sub-paragraph 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.”

10D

Leave out lines 132 to 134 and insert—

 

“5  (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) below, shall prepare a document (a “joint inspection

 

programme”) setting out—

 

(a)    

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

 

power conferred by sub-paragraph (1) above, and

 

(b)    

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

 

below (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 Constabulary;

 

(b)    

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

 

(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 shall be prepared from time to time or at

 

such times as the Secretary of State, Lord Chancellor and the Attorney

 

General may jointly direct.


 
 

Police and Justice Bill

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      (5)  

Sub-paragraphs (2), (2A) and (4) of paragraph 2 above 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 no. 11

11

Insert the following new Clause—

 

“Her Majesty’s Inspectors of Constabulary

 

(1)    

In section 54 of the Police Act 1996 (c. 16) (appointment and functions of

 

Her Majesty’s Inspectors of Constabulary), after subsection (5) there is

 

inserted—

 

“(6)    

Schedule 4A (which makes further provision about the inspectors

 

of constabulary) has effect.”

 

(2)    

After Schedule 4 to that Act there is inserted—

 

“Schedule 4A

 

Section 54

 

Further provision about Her Majesty’s Inspectors of Constabulary

 

Delegation of functions

 

1    (1)  

An inspector of constabulary may delegate any of his functions

 

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

 

      (2)  

If an inspector of constabulary delegates the carrying out of an

 

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

 

regarded for the purposes of section 54 and this Schedule 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 of constabulary 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 of constabulary shall consult—

 

(a)    

the Secretary of State,

 

(b)    

Her Majesty’s Chief Inspector of Prisons,

 

(c)    

Her Majesty’s Chief Inspector of the Crown Prosecution

 

Service,


 
 

Police and Justice Bill

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(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 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 inspectors of constabulary from

 

making visits without notice.

 

Inspections by other inspectors of organisations within remit of inspectors of

 

constabulary

 

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 of constabulary 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 of constabulary 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)    

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)    

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 inspectors of constabulary under

 

section 54 of this Act.


 
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