SCHEDULE 1 continued PART 3 continued
(2) A report under sub-paragraph (1) must be in such form as the Secretary of State may specify.
(3) The Secretary of State may arrange, or require the Agency to arrange, for a report under this paragraph to be published in such manner as he considers appropriate.
(4) The Secretary of State may exclude any part of a report from publication under sub-paragraph (3) if he considers that publication of that part—
(a) would be against the interests of national security,
(b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or
(c) could jeopardise the safety of any person.
(5) For the purposes of sub-paragraph (4)(b) “the detection of crime” shall be taken to include establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed.
(6) For the purposes of sub-paragraphs (4)(b) and (5) “crime” means conduct—
(a) which constitutes one or more criminal offences under the law of a part of the United Kingdom, or
(b) which is, or corresponds to, any conduct which, if it all took place in one part of the United Kingdom, would constitute one or more criminal offences under the law of that part.
30 (1) The Secretary of State may require Her Majesty’s Chief Inspector of Constabulary to inspect, and report on, the efficiency and effectiveness of the Agency.
(2) A requirement under sub-paragraph (1) may be general or relate to a particular matter.
(3) Section 32 (powers of persons carrying out inspections) applies to a person involved in the carrying out of an inspection under sub-paragraph (1) as it applies to a person involved in the carrying out of an inspection under Part 4 of this Act.
31 (1) The Secretary of State must arrange for a report under paragraph 30(1) to be published in such manner as he considers appropriate.
(2) The Secretary of State may exclude any part of a report from publication under sub-paragraph (1) if he considers that publication of that part—
(a) would be against the interests of national security,
(b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or
(c) could jeopardise the safety of any person.
(3) The Secretary of State must send a copy of the published report to the Agency.
(4) The Agency must—
(a) prepare comments on the published report, and
(b) arrange for its comments to be published in such manner as it considers appropriate.
(5) The Agency must send a copy of any document published under sub-paragraph (4) to the Secretary of State.
(6) For the purposes of sub-paragraph (2)(b) “the detection of crime” shall be taken to include establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed.
(7) For the purposes of sub-paragraphs (2)(b) and (6) “crime” means conduct—
(a) which constitutes one or more criminal offences under the law of a part of the United Kingdom, or
(b) which is, or corresponds to, any conduct which, if it all took place in one part of the United Kingdom, would constitute one or more criminal offences under the law of that part.
32 (1) Sub-paragraph (2) applies where a report made to the Secretary of State under paragraph 30(1) states—
(a) that the Agency is failing to carry out any of its functions efficiently and effectively, whether generally or in particular respects, or
(b) that, unless remedial measures are taken, the Agency will cease to carry out any of its functions efficiently and effectively, whether generally or in particular respects.
(2) The Secretary of State may direct the Agency to take such measures as may be specified in the direction.
33 The Secretary of State may make payments to the Agency.
34 (1) The Agency may make such charges as it considers appropriate in connection with the carrying out of any of its functions.
(2) The Agency must pay to the Secretary of State all sums received by it in the course of, or in connection with, the carrying out of its functions.
(3) Sub-paragraph (2)—
(a) does not apply to sums received by the Agency under paragraph 33, and
(b) does not apply where the Secretary of State so directs.
35 The Agency may, for purposes it considers are related to any of its objects, make payments to—
(a) the police authority for a police area in England and Wales;
(b) the police authority for a police area in Scotland;
(c) a joint police board constituted under an amalgamation scheme under the Police (Scotland) Act 1967 (c. 77);
(d) the Scottish Police Services Authority.
36 (1) The Agency must—
(a) keep proper accounts and proper records in relation to the accounts, and
(b) prepare a statement of accounts in respect of each financial year.
(2) The statement of accounts for a financial year must be in such form, and contain such information, as the Secretary of State may direct.
(3) The Agency must, within such period following the end of each financial year as the Secretary of State may direct, send copies of the statement of accounts for that year—
(a) to the Secretary of State, and
(b) to the Comptroller and Auditor General.
(4) The Comptroller and Auditor General must—
(a) examine, certify and report on each statement of accounts sent to him under sub-paragraph (3), and
(b) lay a copy of each such statement, and of his report on it, before each House of Parliament.
37 In this Part of this Schedule “scheme” means a scheme made by the Secretary of State.
38 A scheme may make provision for the transfer to the Agency or the Secretary of State—
(a) of property, rights and liabilities of the Central Police Training and Development Authority;
(b) of property, rights and liabilities of the Police Information Technology Organisation.
39 (1) The property, rights and liabilities for whose transfer a scheme under paragraph 38 may provide include (in particular)—
(a) property, rights and liabilities that could not otherwise be transferred;
(b) property acquired, and rights and liabilities arising, after the making of the scheme;
(c) rights and liabilities under contracts of employment, subject to sub-paragraph (2).
(2) A scheme under paragraph 38 may not provide for the transfer to the Secretary of State of rights and liabilities under contracts of employment.
(3) Before making a scheme under paragraph 38 that provides for the transfer of rights and liabilities under contracts of employment, the Secretary of State must consult such persons appearing to represent the interests of the employees concerned as the Secretary of State considers appropriate.
40 A scheme may make provision for the creation, in favour of the Agency or the Secretary of State, of interests in, or rights in relation to, anything that could be transferred by a scheme under paragraph 38.
41 (1) A scheme under paragraph 38 may make provision for the creation of interests in or rights in relation to, or for the imposition of liabilities in relation to, anything that is or could be transferred by the scheme.
(2) A scheme under paragraph 40 may make provision for the imposition of liabilities in relation to anything created by the scheme.
(3) A scheme under paragraph 38 or 40 may contain provision about enforcement of a right or liability whose transfer, creation or imposition is provided for by the scheme.
42 (1) At the time appointed for the purpose by a scheme under paragraph 38 or 40—
(a) property, rights and liabilities for whose transfer the scheme provides,
(b) interests and rights for whose creation the scheme provides, and
(c) liabilities for whose imposition the scheme provides,
shall, by virtue of this sub-paragraph, be transferred or (as the case may be) created or imposed in accordance with the scheme.
(2) A scheme under paragraph 38 or 40 may appoint different times for the transfer, creation or imposition of different things.
43 (1) This paragraph applies if a scheme under paragraph 38 provides for the transfer of rights and liabilities under a contract of employment.
(2) The contract—
(a) is not terminated by the transfer, and
(b) has effect from the appointed time as if made between the employee and the Agency.
(3) The rights, powers, duties and liabilities of the old employer under or in connection with the contract are (by virtue of paragraph 42(1)) transferred to the Agency at the appointed time.
(4) Anything done before the appointed time by or in relation to the old employer in respect of the contract or the employee is to be treated from that time as having been done by or in relation to the Agency.
(5) Sub-paragraphs (2) to (4) have effect subject to sub-paragraph (6).
(6) If the employee informs the old employer or the Agency that he objects to the transfer—
(a) the rights, powers, duties and liabilities under or in connection with the contract are not transferred by virtue of the scheme, and
(b) the contract is terminated immediately before the appointed time, but the employee is not to be treated, for any purpose, as having been dismissed.
(7) In this paragraph “the appointed time” means the time appointed by or under the scheme for the transfer of rights and liabilities under the contract.
(8) Nothing in this Part of this Schedule affects any right the employee has to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.
44 (1) A scheme may make provision—
(a) for an existing secondment to have effect, from a time appointed by the scheme, as a secondment to the Agency, and
(b) for the seconded person to serve from that time as a member of the staff of the Agency.
(2) If the seconded person informs the Agency, or the body to which he is seconded or the body by which he is seconded, that he objects to the existing secondment becoming a secondment to the Agency—
(a) the scheme does not cause the existing secondment to become a secondment to the Agency, and
(b) the existing secondment is terminated immediately before the time mentioned in sub-paragraph (1)(a) (so that the person returns at that time to the body by which he was seconded).
(3) In this paragraph “existing secondment” means a secondment by virtue of which—
(a) a person is the chief executive or another member of the staff of the Central Police Training and Development Authority, or
(b) a person is the chief executive or another member of the staff of the Police Information Technology Organisation.
45 A scheme under this Part of this Schedule may contain provision—
(a) for the Secretary of State, or any other person nominated by or in accordance with the scheme, to decide any matter requiring decision under or in consequence of the scheme, and
(b) as to the payment of fees charged, or expenses incurred, by any person nominated to decide any matter under paragraph (a).
46 A scheme under this Part of this Schedule may contain supplementary, incidental, transitional and consequential provision.
47 (1) In Parts 1 to 5, and this Part, of this Schedule—
“the Agency” means the National Policing Improvement Agency;
“the Association of Chief Police Officers” means the Association of Chief Police Officers of England, Wales and Northern Ireland.
(2) In Parts 1 to 5 of this Schedule “financial year” means—
(a) the period beginning with the day on which the Agency is established and ending with the following 31st March, and
(b) each subsequent period of 12 months ending with 31st March.
(3) In Part 2 of this Schedule “appointed member” has the meaning given by paragraph 7(6).
48 (1) The appropriate authority (see sub-paragraph (4)) may by order make provision—
(a) for modifying the objects, powers and duties of the Agency;
(b) for modifying the constitution of the Agency and any provision regulating its management and control;
(c) for conferring powers on the Secretary of State in relation to—
(i) the objects, powers and duties of the Agency,
(ii) the constitution of the Agency and the regulation of its management and control, and
(iii) members of the Agency’s staff;
(d) for imposing, on persons in relation to whom the Agency has or is given powers or duties, obligations to consult with the Agency or to do other things in relation to the Agency.
(2) In sub-paragraph (1) “modifying” includes adding to, varying and diminishing.
(3) Power under sub-paragraph (1) may be exercised to give the Agency objects, powers or duties in relation to persons who have no functions in relation to, nor any connection with, policing if—
(a) they carry out functions in, or in relation to, prisons in England or Wales,
(b) they are officers of a local probation board, or
(c) they are persons falling within neither of paragraphs (a) and (b) who carry out functions for the purposes of the criminal justice system in England and Wales.
(4) Power of the appropriate authority under sub-paragraph (1)—
(a) so far as it is power to make provision falling within sub-paragraph (5), is power of the Scottish Ministers, and
(b) so far as it is power to make provision not falling within sub-paragraph (5), is power of the Secretary of State.
(5) The provision falling within this sub-paragraph is provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.
(6) Power of the Scottish Ministers under sub-paragraph (1) is exercisable only with the consent of the Secretary of State.
(7) Power of the Secretary of State under sub-paragraph (1)(a), (b) and (c), so far as it is power to make provision falling within sub-paragraph (8), is exercisable only with the consent of the Scottish Ministers.
(8) The provision falling within this sub-paragraph is provision—
(a) that affects, or may affect, any of the persons mentioned in paragraph 4(2) (police forces, and other policing bodies, in Scotland), or
(b) that affects, or may affect, the rights and powers of the Scottish Ministers.
(9) Power of the Secretary of State under sub-paragraph (1)(d), so far as it is power to impose obligations on any of the persons mentioned in paragraph 4(2), is exercisable only with the consent of the Scottish Ministers.
(10) Before making an order under sub-paragraph (1), the Secretary of State must consult—
(a) the Agency,
(b) the Association of Police Authorities, and
(c) the Association of Chief Police Officers.
(11) Before making an order under sub-paragraph (1), the Scottish Ministers must consult—
(a) the Agency,
(b) the Scottish Police Services Authority,
(c) persons whom the Scottish Ministers consider to represent the interests of chief constables of police forces in Scotland, and
(d) persons whom the Scottish Ministers consider to represent the interests of bodies within sub-paragraph (13).
(12) Before deciding whether to give consent for the purposes of sub-paragraph (7) or (9), the Scottish Ministers must consult—
(a) the Scottish Police Services Authority,
(b) persons whom the Scottish Ministers consider to represent the interests of chief constables of police forces in Scotland, and
(c) persons whom the Scottish Ministers consider to represent the interests of bodies within sub-paragraph (13).
(13) A body is within this sub-paragraph if it is—
(a) the police authority for a police area in Scotland that is not combined, by virtue of an amalgamation scheme under the Police (Scotland) Act 1967 (c. 77), with any other police area in Scotland, or
(b) a joint police board constituted under such a scheme.
(14) An order under sub-paragraph (1) may—
(a) make provision for the making of determinations, or the giving of approvals, by the Secretary of State under the order;
(b) contain provision framed by reference to determinations made or approvals given under provision such as is mentioned in paragraph (a);
(c) contain provision framed by reference to the Secretary of State’s opinion, from time to time, as to any matter.
(15) Provision under sub-paragraph (1) (including, without prejudice to the generality of section 20(2) of the Interpretation Act 1978 (c. 30), provision made under sub-paragraph (1) in reliance on section 49(3)) may take the form of amendments of enactments whenever passed or made, including—
(a) enactments comprised in, or in instruments made under, Acts of the Scottish Parliament,
(b) enactments comprised in, or in instruments made under, Northern Ireland legislation, and
(c) enactments comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
49 In Part 2 of the Table at the end of paragraph 3 of Schedule 1 to the Public Records Act 1958 (bodies whose records are public records), at the appropriate place there is inserted—
“National Policing Improvement Agency.”
50 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place there is inserted—
“National Policing Improvement Agency.”
51 The Police (Scotland) Act 1967 is amended as follows.
52 In section 38(3A) (status of certain constables on secondment), after “(bb)” there is inserted “or (bh)”.
53 (1) Section 38A (constables engaged on service outside their force) is amended as follows.
(2) In subsection (1) (meaning of “relevant service”), after paragraph (bg) there is inserted—
“(bh) temporary service with the National Policing Improvement Agency on which a person is engaged with the consent of the appropriate authority;”.
(3) In subsection (6)(a) (which provides for relevant service to be treated for certain purposes as service in constable’s home force), after “(bg)” there is inserted “, (bh),”.
54 In section 51A(2E) of the Health and Safety at Work etc. Act 1974 (provisions which impose liability on others for unlawful conduct of constables but which do not apply to liability under Part 1 of the 1974 Act), after paragraph (f) there is inserted—
“(g) paragraph 20 of Schedule 1 to the Police and Justice Act 2006;”.
55 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), at the appropriate place there is inserted—
“The National Policing Improvement Agency.”
56 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), at the appropriate place there is inserted—
“The National Policing Improvement Agency.”
57 The Police Pensions Act 1976 is amended as follows.
58 In section 7(2) (persons eligible for police pensions), after paragraph (ce) there is inserted—
“(cf) a member of the staff of the National Policing Improvement Agency who holds the office of constable;”.
59 (1) Section 11 (interpretation) is amended as follows.
(2) In subsection (1) (references to membership of a police force etc), after paragraph (be) there is inserted—
“(bf) service, by a person holding the office of constable, as a member of the staff of the National Policing Improvement Agency;”.
(3) In subsection (2) (meaning of “police authority”), after paragraph (e) there is inserted—
“(f) in relation to any service such as is mentioned in subsection (1)(bf), it means the National Policing Improvement Agency;”.
(4) In subsection (3) (meaning of “police force”), in paragraph (b), after “(be),” there is inserted “(bf),”.
60 In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty), at the appropriate place under the heading “Police” there is inserted—
“The National Policing Improvement Agency.”
61 The Police Act 1996 is amended as follows.
62 (1) Section 39A (power of Secretary of State to issue codes of practice for chief officers) is amended as follows.
(2) In subsection (3) (preparation of drafts and revisions)—
(a) for “Central Police Training and Development Authority” there is substituted “National Policing Improvement Agency”, and
(b) for “that Authority” there is substituted “that Agency”.
(3) In subsection (4) (consultation), for “Central Police Training and Development Authority” there is substituted “National Policing Improvement Agency”.
63 (1) Section 53A (regulation of procedures and practices of police forces) is amended as follows.
(2) In subsection (2) (advice), for paragraph (b) there is substituted—
“(b) the National Policing Improvement Agency.”
(3) In subsection (5) (consultation), for “Central Police Training and Development Authority” there is substituted “National Policing Improvement Agency”.
(4) In subsection (6)(a) (consideration of advice etc), for “Central Police Training and Development Authority” there is substituted “National Policing Improvement Agency”.
64 In section 57(5) (consultation about regulations requiring police forces to use specified facilities or services), for “Police Information Technology Organisation” there is substituted “National Policing Improvement Agency”.
65 In section 59 (Police Federations), after subsection (7) there is inserted—
“(7A) For the purposes of subsection (1), a member of the staff of the National Policing Improvement Agency who is—
(a) a constable, and
(b) an employee of the Agency,
shall be treated as a member of a police force in England and Wales, and references in this section to police service shall be construed accordingly.”
66 In section 61(1) (Police Negotiating Board), before paragraph (c) there is inserted—
“(bb) the members of the staff of the National Policing Improvement Agency who are constables,”.
67 (1) Section 62 (functions of the Police Negotiating Board) is amended as follows.
(2) In subsection (1) (duty to consult Board before making regulations about certain matters), after paragraph (c) there is inserted “or
(d) regulations under paragraph 19 of Schedule 1 to the Police and Justice Act 2006 (regulations as to constables who are members of the staff of the National Policing Improvement Agency),”.
(3) Before subsection (2) there is inserted—
“(1D) Before issuing a document under paragraph 18 of Schedule 1 to the Police and Justice Act 2006 (rules and principles for contents of contracts of employment of constables employed as members of the staff of the National Policing Improvement Agency), the Secretary of State shall—
(a) consult the Police Negotiating Board for the United Kingdom about any provision in the document which relates to any of the matters mentioned in section 61(1) (other than pensions), and
(b) take into consideration any recommendation made by the Board.
(1E) Before determining the terms and conditions on which a constable is to be appointed to the staff of the National Policing Improvement Agency as an employee of the Agency, the Secretary of State (where the constable is to be appointed as the chief executive of the Agency) or the Agency (in any other case) shall—
(a) consult the Police Negotiating Board for the United Kingdom about any term or condition which relates to any of the matters mentioned in section 61(1) (other than pensions), and
(b) take into consideration any recommendation made by the Board.”
(4) In subsection (2) (arrangements under section 61(3) apply in relation to recommendations under section 62), for “subsection (1) or (1A)” there is substituted “subsection (1), (1A), (1D) or (1E)”.
68 (1) Section 63 (Police Advisory Boards) is amended as follows.
(2) Before subsection (2) there is inserted—
“(1C) The Police Advisory Board for England and Wales shall also advise the Secretary of State on general questions affecting members of the staff of the National Policing Improvement Agency who are constables.”
(3) In subsection (3) (Board to be consulted on certain regulations), after paragraph (b) there is inserted “or
(c) regulations under paragraph 19 of Schedule 1 to the Police and Justice Act 2006 (regulations as to constables who are members of the staff of the National Policing Improvement Agency), other than regulations with respect to any of the matters mentioned in section 61(1),”.
69 In section 64 (membership of trade unions), before subsection (5) there is inserted—
“(4C) This section applies to a member of the staff of the National Policing Improvement Agency who is—
(a) a constable, and
(b) an employee of the Agency,
as it applies to a member of a police force, and references to a police force or to service in a police force shall be construed accordingly.
(4D) In its application by virtue of subsection (4C), subsection (2) shall have effect as if the reference to the chief officer of police were a reference to the chief executive of the National Policing Improvement Agency.”
70 In section 90(4) (impersonation etc: interpretation), for the words after paragraph (a) and before paragraph (b) (paragraph (aa) having been superseded by section 68(2) of the Railways and Transport Safety Act 2003) there is substituted—
“(ab) “member of a police force” includes a member of the staff of the National Policing Improvement Agency who is a constable, and”.
71 In section 91(2) (offence under subsection (1) of causing disaffection etc amongst members of police forces applies also in relation to certain other police personnel), after paragraph (a) there is inserted—
“(aa) members of the staff of the National Policing Improvement Agency who are constables,”.
72 (1) Section 97 (police officers engaged on service outside their force) is amended as follows.
(2) In subsection (1) (meaning of “relevant service”), after paragraph (cf) there is inserted—
“(cg) temporary service with the National Policing Improvement Agency on which a person is engaged with the consent of the appropriate authority;”.
(3) In subsections (6)(a) and (8), after “(cf)” there is inserted “, (cg)”.