Office of Public Sector Information
SCHEDULE 14 continued
51 (1) Section 55 of that Act (three-year strategy plan) is amended as follows.
(2) In subsection (1), after “a plan” there is inserted “(“a three-year strategy plan”)”.
(3) For subsections (2) and (3) there is substituted—
“(2) Before a three-year strategy plan for any period is issued by the Authority, a draft of a plan setting out medium-term and long-term strategies for policing the railways during that period must have been prepared by the Chief Constable and submitted by him to the Authority for its consideration.
(3) In preparing the draft plan, the Chief Constable shall have regard to opinions expressed in accordance with section 62.
(4) The Authority may modify a three-year strategy plan which it has issued for a particular period at any time during that period.
(5) The Secretary of State may—
(a) issue guidance to the Authority and to the Chief Constable as to—
(i) the matters to be contained in any three-year strategy plan, and
(ii) the form to be taken by any such plan,
and
(b) revise and modify that guidance from time to time.
(6) Before issuing or revising any guidance under subsection (5) the Secretary of State shall consult—
(a) the Authority,
(b) the Chief Constable, and
(c) such other persons as the Secretary of State thinks fit.
(7) When issuing, preparing or modifying a three-year strategy plan or a draft of such a plan, the Authority or (as the case may be) the Chief Constable shall have regard to—
(a) any guidance issued by the Secretary of State under subsection (5),
(b) any objectives set by the Secretary of State under section 51 for a financial year falling within the period to which the plan relates,
(c) any performance targets set by the Authority under section 53 relating to such objectives, and
(d) any strategic priorities determined by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities) and applicable during all or part of the period to which the plan relates.
(8) Where the Authority is proposing to issue or modify any plan under this section, it shall submit that plan, or the modifications, to the Secretary of State.
(9) Where the Authority issues a three-year strategy plan or modifies such a plan, it shall—
(a) send a copy of the plan or the modified plan to the Secretary of State, and
(b) cause the plan or modified plan to be published.
The copy of any modified plan sent to the Secretary of State and the publication of any modified plan must show the modifications, or be accompanied by or published with a document which sets them out or describes them.
(10) If the Secretary of State considers that there are grounds for thinking that—
(a) a three-year strategy plan, or
(b) any proposals by the Authority for such a plan, or for the modification of such a plan,
may not be consistent with any of the objectives, targets or priorities mentioned in subsection (7), he shall, before informing the Authority of his conclusions on whether or not the plan or the proposals are in fact so inconsistent, consult the Authority and the Chief Constable.
(11) The Authority shall consult the Chief Constable before—
(a) it issues a three-year strategy plan that differs in any material respect from the draft submitted to it by the Chief Constable, or
(b) it modifies its three-year strategy plan.
(12) The Secretary of State may by regulations make provision for the procedure to be followed on the submission to him of any plan or modifications for the purposes of this section.”
52 (1) In Schedule 4 to that Act (British Transport Police Authority), in paragraph 11(b) (appointment of clerk), for “a clerk” there is substituted “a chief executive”.
(2) A person holding office as clerk to the British Transport Police Authority on the commencement of this paragraph continues in that office as chief executive of the authority.
53 In the heading to section 25 of the Anti-social Behaviour Act 2003 (parenting contracts in respect of criminal conduct and anti-social behaviour), at the end there is inserted “: youth offending teams”.
54 (1) Section 26 of that Act (parenting orders in respect of criminal conduct and anti-social behaviour) is amended as follows.
(2) In the heading, at the end there is inserted “: youth offending teams”.
(3) After subsection (8) there is inserted—
“(9) A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is a member of a youth offending team.”
55 (1) Section 27 of that Act (parenting orders: supplemental) is amended as follows.
(2) In subsections (1) and (2), for “section 26” there is substituted “section 26, 26A or 26B”.
(3) In subsection (1)(a), for “section 25” there is substituted “section 25, 25A or 25B”.
(4) In subsection (3), for “in relation to a parenting order under section 26 as they apply” there is substituted “in relation to—
(a) a parenting order under section 26,
(b) a parenting order under section 26A, or
(c) a parenting order under section 26B,
as they apply”.
(5) After subsection (3) there is inserted—
“(3A) Proceedings for an offence under section 9(7) of the 1998 Act (parenting orders: breach of requirement etc) as applied by subsection (3)(b) above may be brought by—
(a) the local authority for the area where the child or young person resides or appears to reside, or
(b) (if different) the local authority for the area where the person alleged to be in breach resides or appears to reside.”
(6) For subsection (4) there is substituted—
“(4) In carrying out their functions in relation to parenting orders—
(a) members of youth offending teams,
(b) local authorities in England,
(c) registered social landlords on the register maintained by the Housing Corporation, and
(d) responsible officers in relation to parenting orders made on the application of local authorities in England or of registered social landlords on that register,
must have regard to any guidance which is issued by the Secretary of State from time to time for that purpose.
(4A) In carrying out their functions in relation to parenting orders—
(a) local authorities in Wales,
(b) registered social landlords on the register maintained by the National Assembly for Wales, and
(c) responsible officers in relation to parenting orders made on the application of local authorities in Wales or of registered social landlords on that register,
must have regard to any guidance which is issued by the National Assembly for Wales from time to time for that purpose.”
56 (1) Section 28 of that Act (parenting orders: appeals) is amended as follows.
(2) In subsection (1), for “under section 26” there is substituted “by a magistrates' court under section 26, 26A or 26B”.
(3) After that subsection there is inserted—
“(1A) An appeal lies to the High Court against the making of a parenting order by a county court under section 26A or 26B.”
(4) In subsection (2), for “subsection (1)(b)” there is substituted “subsection (1)”.
57 In section 29(1) of that Act (interpretation of sections 25 to 29), in the definition of “responsible officer”, for the words after “means” there is substituted “the person who is specified as such in the order,”.
58 In section 25 of the Criminal Justice Act 2003 (code of practice in relation to conditional cautions), at the end of subsection (2) there is inserted—
“(i) the exercise of the power of arrest conferred by section 24A(1), and
(j) who is to decide how a person should be dealt with under section 24A(2).”
59 In paragraph 1 of Schedule 12 to the Energy Act 2004 (determination of annual objectives for Civil Nuclear Constabulary), for sub-paragraph (3) there is substituted—
“(3) In determining the objectives, the Police Authority must have regard to any strategic priorities determined for that year by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities).”
60 After section 67 of the Public Audit (Wales) Act 2004 there is inserted—
(1) The Auditor General for Wales may provide assistance to—
(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, and
(e) Her Majesty’s Inspectorate of Court Administration,
in the discharge of any of their functions.
(2) Assistance under subsection (1) may be provided on such terms, including terms as to payment, as the Auditor General for Wales and the body or person in question may agree.”
61 In section 8(4) of the Constitutional Reform Act 2005 (appointment of Head and Deputy Head of Criminal Justice), in paragraph (b) (person appointed must be ordinary judge of Court of Appeal), for “an ordinary judge” there is substituted “a judge”.
62 After section 75 of the Serious Organised Crime and Police Act 2005 (proceedings under section 74: exclusion of public) there is inserted—
Section 57E of the Crime and Disorder Act 1998 (use of live link in sentencing hearings) applies to hearings in proceedings relating to a reference under section 74(3) as it applies to sentencing hearings.”
Police and Justice Act 2006