APPENDIX 4: CRIMINAL JUSTICE AND IMMIGRATION
BILL — GOVERNMENT AMENDMENT
Supplementary memorandum by the Ministry of Justice
1. Lord Hunt of Kings Heath has tabled the attached
amendment for Committee stage introducing a new delegated power.
This memorandum explains why the power has been taken and the
nature of, and reason for, the procedure selected.
Schedule 33, paragraph 17: Power to define the
Standards of Professional Behaviour in regulations
Power conferred on: The Secretary of State
Power exercisable by: Regulations made by
Statutory Instrument
Parliamentary Procedure: Negative Resolution
2. The terms 'gross misconduct' and 'misconduct'
are defined, in paragraph 17 to Schedule 33 (as amended), by reference
to 'the Standards of Professional Behaviour'. These Standards
are to be set out in regulations subject to the negative resolution
procedure. The Standards are to be defined in secondary rather
than primary legislation because of the length and detailed nature
of the Standards and the fact that they may be amended from time
to time to take into account changes in policing and police behaviour.
The Standards, currently termed the 'Code of Conduct', are already
set out in secondary rather than primary legislation in the form
of Schedule 1 to the Police (Conduct) Regulations 2004 made under
section 50 and 51 of the Police Act 1996; by virtue of section
50(8) of that Act such relations are subject to the negative resolution
procedure. However, to link conduct matters referred to the Independent
Police Complaints Commission with disciplinary proceedings under
the Police Act 2006, it has become necessary to refer to these
terms in the 2002 Act.
Ministry of Justice
February 2008
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